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Re: Significance of the GP licence.


From: Hyman Rosen
Subject: Re: Significance of the GP licence.
Date: Wed, 05 May 2010 11:08:45 -0400
User-agent: Mozilla/5.0 (Windows; U; Windows NT 5.1; en-US; rv:1.9.1.5) Gecko/20091204 Thunderbird/3.0

On 5/5/2010 10:56 AM, Alexander Terekhov wrote:
"DENIED"
http://scholar.google.com/scholar_case?case=13584730711160488510

That's because the standards required for a preliminary
injunction are high. In the judge's words:
<http://scholar.google.com/scholar_case?case=13584730711160488510>
    In any event, even if MySQL has shown a likelihood of success on
    these points, it has not demonstrated that it will suffer any
    irreparable harm during the pendency of the suit, particularly in
    light of the sworn statement that all source code for Gemini has
    been disclosed and the stipulation, given by Progress during the
    hearing, that the end use license for commercial users will be
    withdrawn. Finally, because the product line using MySQL is a
    significant portion of NuSphere's business, Progress has
    demonstrated that the balance of harms tips in its favor regarding
    the use of the MySQL program under the GPL.


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