Jacobsen v. Katzer Order

A new order was filed on December 10, 2009 in the case granting and denying portions of motions for summary judgment by the parties.  I will post a link to the complaint when one is available. 

One interesting item is the court’s statement, ” Although it is undisputed that Plaintiff distributed the copied work on the Internet at no cost, there is also evidence in the record attributing a monetary value for the actual work performed by the contributors to the JMRI product,” and that the record “may establish a monetary damages figure.”

This is a stumbling block to those who have speculated that no actual damages should be available for open source authors bringing claims of infringement, because of the royalty free nature of open source licensing. 

Oracle Makes Commitments about MySQL

To fend off the European Commission’s concerns about the Sun/MySQL acquisition, Oracle has made a public commitment to maintain certain aspects of the MySQL open source business offering.  They include: continuing to make available Storage Engine APIs, a pledge not to assert that third party vendor’s implementations of storage engines must be released under the GPL (“A commercial license will not be required by Oracle from third party storage engine vendors in order to implement the application programming interfaces available as part of MySQL’s Pluggable Storage Engine Architecture.”), and continuing to “enhance MySQL and make subsequent versions of MySQL, including Version 6, available under the GPL.”  Oracle also pledged to increase spending on MySQL research and development.

This is an interesting approach.  It also is an interesting example of public messaging about not reserving the right to make aggressive stands on GPL interpretation or enforcement.