Not linking but rather using - auto download OK?

[RB]

On Fri, Jan 16, 2009 at 14:12, Hubert Figuiere <hub at figuiere.net> wrote:
> On Fri, 2009-01-16 at 14:45 -0500, John Hancock wrote:
>> I am an individual programmer, developing a cool software application
>> with the hope to make a living selling it over the internet.
>>
>> The problem is that this application relies on using separate GPL-ed
>> software (e.g. MySQL), running in the background.
>>
>> I know that legally (according to the terms of the GPL) I cannot link
>> to GPL software without having to open my own source code as well (my
>> trade secret), so I thought of a possibly legal alternative:
>
> There are 3 alternatives.

There are more, that is your perception.  Regardless of whether you're
in doubt, you should engage counsel that is familiar with software
patents, particularly the intricacies surrounding FOSS.  It's part of
the cost of doing business in this society, as is licensing software
yours is based on when necessary.

Although MySQL is dual-licensed, the GPL "branch" is an exception
rather than a rule.  You have to fulfill very specific requirements to
exercise it, most of which involve being licensed under a FOSS license
they deem compatible.  I can't find the reference offhand, but years
ago MySQL had a licensing note that basically said, "if you're
wondering whether you have a need to purchase a commercial license,
you do."

Part of the problem with something like a MySQL is that the client
protocols are typically implemented in a library that is licensed
under the same terms as the database itself.  Unless you've written
your own direct communication layer or [questionably] use another
layer of abstraction (like ODBC) that enables you to use other
databases as well, you've almost invariably linked against their
library.  Regardless of where you stand on dynamic linking, most
database client libraries are rather unique and not trivially
emulated.

The few commercial bits I've seen like this either use PostgreSQL or a
MySQL ISV license.  Or SQLite.


RB