Archive for the ‘451group’ Category

Dual of denial, on the success and failure of dual licensing

Март 1st, 2010

There’s been a fair amount of attention – both positive and negative – on dual licensing in recent weeks. A few days ago Brian Aker wrote: “The fact is, there are few, and growing fewer, opportunities to make money on dual licensing.”

It is a sweeping statement, but one that is worth further consideration, especially since, as Stephen O’Grady noted it is directly contradicted by Gartner’s prediction that: “By 2012, at least 70% of the revenue from commercial OSS will come from vendor-centric projects with dual-license business models.”

Success?

I remember reading this prediction back in December but dismissing it as being based on a fundamental error – the assumption that dual licensing and open source licensing are “essentially the same thing”. As Stephen argues, and we have previously clarified, they are not the same thing at all.

Dual licensing is the practice of selling exceptions to use an open source code base using a commercial license, while open core licensing is the practice of selling extensions to an open source code base. One of them is considered acceptable by Richard Stallman, and one isn’t (more on that in a minute).

As Stephen O’Grady notes, however, the Gartner prediction is further flawed. Even if we were to accept its definition of dual licensing, the prediction is undermined by mathematics. A couple of quick calculations suggest that Red Hat’s annual revenue this year will be easily be more than the rest of the top ten open source specialists combined.

Of course, this calculation very much depends on which vendors you choose to include, and it is quite possible that Gartner’s definition of dual licensing also includes vendors that sell proprietary software that includes or complements open source software. That would make the prediction more realistic in terms of revenue numbers, but would stretch the term “dual licensing” beyond the definition of most people.

It is safe to assume then that “dual licensing” as most people understand it is not going to be as successful as Gartner predicts. But what of Brian Aker’s prediction of its imminent failure? It probably goes without saying that reports of its demise have also been exaggerated.

Failure?

While it is undeniably true that dual licensing has diminished in popularity as a business strategy in recent years (as many commercial OSS specialists have opted for open core extensions as a quicker way to monetize community adoption and proprietary vendors have focused more on open source as a R&D cost-sharing exercise and avoided the community-limiting aspects of dual licensing) there is still a time and a place for dual licensing.

Dual licensing has got itself a bad name in some quarters (“MySQL != Free Software due to dual licensing“) but as mentioned above, it has the approval of Free Software Foundation president, Richard Stallman: “I consider selling exceptions an acceptable thing for a company to do, and I will suggest it where appropriate as a way to get programs freed.”

In fact, much of the criticism of dual licensing seen recently seems to be based on the view that it is used by commercial vendors to discourage users from adopting a free open source version. That is rarely, if ever, the case.

Where we do see dual licensing used, it is more often in enabling users that are unwilling or unable to use the GNU GPL to make use of the underlying code. In that way, dual licensing can be used to serve two different user groups, rather than attempting to cross- or up-sell open source users with a commercial version.

A good example of this is OpenNMS Group. The acquisition of copyright to the 1.0 code base in 2009 out the company in the position of being able to changing its licensing strategy beyong a pure open source approach. While the company is unlikely to go open core (Tarus Balog prefers to call it “fauxpen source”, OpenNMS has delivered Powered by OpenNMS – a commercial license program:

“While the OpenNMS Group encourages the adoption of open source software, some organizations, due to trade secrets, patents or other proprietary reasons, may not be able to use 100% open source software in their environment. The ‘Powered by OpenNMS’ program allows them to purchase the right to use OpenNMS under a more traditional license.”

That in itself does not guarantee the continued use of dual licensing. But it does demonstrate. along with the comments of Richard Stallman, that dual licensing remains a valid strategy for generating revenue from open source software that is compatible with the principles of free and open source software.


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SAP as a case study for open source engagement

Февраль 11th, 2010

There was some incredulity expressed yesterday when I suggested that SAP is a great case study on the way in which proprietary companies have engaged with open source.

To be clear, I was not suggesting that SAP is, or should be considered, an open source company, but based on our understanding of SAP’s changing strategy with regards to open source software it represents a good case study on how proprietary companies have learned that it is in their best interests to contribute to open source software projects.

Jay and I had the opportunity yesterday to speak to Claus von Riegen, SAP director of technology standards and open source, and Erwin Tenhumberg, SAP open source program manager. Our formal assessment of the company’s strategy with regards to open source will be published in due course, but given the disbelief expressed about SAP’s strategy, I thought it was worth publishing some edited highlights.

  • The company’s strategy is not perfect, and it has made mistakes in the past, not least Shai Agassi’s dismissal of open source as an innovative development model, and the initial release of the SAP DB code under the GNU GPL (as we documented in our November 2008 report - clients only - the company has admitted that it did not properly understand the governance required to create a successful open source project and manage community contributions with that effort).
  • Due to those mistakes, perhaps, SAP has been slow to embrace open source, despite becoming a founding member of the Eclipse Foundation in 2004. That move was motivated by a realization that open source software provided an opportunity to reduce development costs for non-differentiating features and in 2005 the company began documenting the formal processes required for the use of open source software within its internal development projects.
  • That documentation effort is representative of the cautious approach SAP has taken to open source but it has arguably paid off - the processes for the use of open source have subsequently become baked-in to the company’s overall software development and productization process.
  • Another reason that SAP’s progress has been slow is that until 2006 every proposal to make use of open source software had to be approved by the company’s executive board. Clearly that system was unworkable and it has subsequently been replaced by delegation to executives that lead the company’s individual business units.
  • In 2007 SAP began formally contributing to Eclipse projects with the company having realized that it did not make economic sense to maintain its own code patches and modifications and that it stood to gain by proactively contributing to projects. That decision prompted the company to start work on the policies and processes that would be required to enable greater contribution to open source software projects.
  • The processes for expanded contribution were accepted by the executive board in December 2008 and are also now part of the productization process. The impact has been a significant increase in the number of projects that SAP contributes to has jumped from three in late 2008 to more than 25 today.
  • June 2009 saw the company increase its Eclipse membership level from strategic consumer to strategic developer in line with the company’s enhanced contributions. As a result of this increased activity SAP was the third-largest corporate contributor to Eclipse in 2009 in terms of lines of code, with 1.8 million.
  • In October 2009 SAP announced that it was also joining a number of Apache Software Foundation projects, including the Chemistry implementation of the CMIS implementation as well as Maven, VXQuery, Tomcat, OpenEJB and ActiveMQ.
  • Other projects that SAP have contributed to include Ruby on Rails and JRuby, primarily motivated by its use of these technologies in its Business Objects business intelligence software.
  • The company is now routinely seeing product units request open source use and contribution approval at the same time, indicating that the benefits of contribution have been widely accepted.

There is a lot more to SAP’s open source story than that - see our formal report for details on the due diligence checks performed by SAP on its code use, as well as plans to encourage more open source development from the members of its SAP Developer Network for example (I’ll add the link when the report is available) - but there is a clear journey that SAP has been on that continues to drive it towards even greater use of, and contribution to, open source software. Progress has arguably been slow, but the previous barriers to contribution have been lowered and the diligence that SAP has shown in putting processes and policies in place have put it in a good position to be able to benefit from greater involvement with open source projects.

Software patents

Of course some issues remain. On a related issue, one of the most significant for free and open source advocates is the company’s attitude towards software patents. A good explanation as to why this is the case is provided by Glyn Moody.

I asked Claus and Erwin for their perspective on SAP’s stance on software patents and how that impacted the perception of SAP. Part of the response was the expected position that as SAP exists in a world where there are software patents it has no choice but to engage in patenting software itself if it is to retain a strong position against competitors. The other, with specific reference to open source, was as follows:

    “SAP actually is a big proponent of strong and concise IPR licensing regimes for all standards and open source initiatives we participate in. Whatever claims of patents and patent applications that essentially need to be infringed to implement a standard or use an open source component should always be licensed in a reasonable and non-discriminatory manner by the individuals and organizations that have contributed to the project (obviously, in open source projects RAND means royalty-free). SAP does participate in open source projects particularly in order to drive adoption of a certain technology. There may be SAP patents in that very domain and they may be essential, but we require ourselves to freely license those patents to everybody. But we expect the same from any other project participant. And that’s actually why we prefer governance models like the one from the Eclipse Foundation (that also comprises contribution analyses in order to minimize unintentional copyright infringements).”


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Copyrights and wrongs

Февраль 8th, 2010

One of the issues I have with the Free Software approach is that advocates have habit of throwing the baby out with the bathwater when discussing issues that they see as in any way negative to free software.

I was reminded of this while reading Bradley M. Kuhn’s criticism of Mark Shuttleworth’s reported views on copyright assignment.

Having read the original interview with Mark, and then Bradley’s response, it is pretty clear that the two have very different perspectives on copyright assignment: Mark is speaking from the perspective of a commercial business, Bradley form that of a non-profit foundation.

The two entities have very different reasons for enforcing copyright assignment policies, and Bradley is right to point out that a potential contributor should approach a copyright assignment policy from a commercial entity with a great degree of caution.

However, the ultimate reason for enforcing copyright assignment is about control. From a vendor’s perspective the desire for control is often to produce closed versions of the code. From the FSF’s perspective the desire for control is about keeping the code, and derivatives of it, open.

However, the fact that the FSF “promises to never proprietarize its versions of the software assigned to it”, does not support Bradley’s assertion that Mark “wants to confuse us about copyright assignment so we just start signing away our software”.

This claim is especially problematic given that Mark appeared (and it must be said we are reliant on the reporting of his statements to understand what he meant by them) to be attempting to reduce confusion around copyright assignments by, if possible, introducing some sort of standardization.

This is a suggestion that deserves more consideration. However, Bradley is so busy protecting the FSF from being maligned by Mark that he completely ignores the point raised by Mark - that copyright assignment policies are confusing, complex, and potentially problematic.

As the iTWire report demonstrates, the issue of copyright assignment is not just one that impacts contributions by individual developers (which is a common way of looking at it) but also of contributions from employees of Canonical to projects led by the likes of MySQL, Zope, Novell, Red Hat, Intel and others.

As previously noted, Oracle’s acquisition of Sun, and with it MySQL, has highlighted the issue of copyright control in encouraging/restricting community development in vendor-led development projects and providing acquirers with the potential to close an open source project.

Clearly, the issue is not as problematic for non-profit foundation-led projects, but the issue of copyright assignment needs more thoughtful assessment than a response that amounts to “non-profit=good, for-profit=bad”.

For more considered analysis of the issue of copyright assignment see:
Dave Neary: Copyright assignment and other barriers to entry
CAOS Theory: On the importance of copyright assignment
Daniel Chalef: OSBC, Community Engagement and Contributor Agreements
Michael Meeks: Some thoughts on Copyright Assignment
Tarus Balog: More on Copyright Assignment


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Copyrights and wrongs

Февраль 8th, 2010

One of the issues I have with the Free Software approach is that advocates have habit of throwing the baby out with the bathwater when discussing issues that they see as in any way negative to free software.

I was reminded of this while reading Bradley M. Kuhn’s criticism of Mark Shuttleworth’s reported views on copyright assignment.

Having read the original interview with Mark, and then Bradley’s response, it is pretty clear that the two have very different perspectives on copyright assignment: Mark is speaking from the perspective of a commercial business, Bradley form that of a non-profit foundation.

The two entities have very different reasons for enforcing copyright assignment policies, and Bradley is right to point out that a potential contributor should approach a copyright assignment policy from a commercial entity with a great degree of caution.

However, the ultimate reason for enforcing copyright assignment is about control. From a vendor’s perspective the desire for control is often to produce closed versions of the code. From the FSF’s perspective the desire for control is about keeping the code, and derivatives of it, open.

However, the fact that the FSF “promises to never proprietarize its versions of the software assigned to it”, does not support Bradley’s assertion that Mark “wants to confuse us about copyright assignment so we just start signing away our software”.

This claim is especially problematic given that Mark appeared (and it must be said we are reliant on the reporting of his statements to understand what he meant by them) to be attempting to reduce confusion around copyright assignments by, if possible, introducing some sort of standardization.

This is a suggestion that deserves more consideration. However, Bradley is so busy protecting the FSF from being maligned by Mark that he completely ignores the point raised by Mark - that copyright assignment policies are confusing, complex, and potentially problematic.

As the iTWire report demonstrates, the issue of copyright assignment is not just one that impacts contributions by individual developers (which is a common way of looking at it) but also of contributions from employees of Canonical to projects led by the likes of MySQL, Zope, Novell, Red Hat, Intel and others.

As previously noted, Oracle’s acquisition of Sun, and with it MySQL, has highlighted the issue of copyright control in encouraging/restricting community development in vendor-led development projects and providing acquirers with the potential to close an open source project.

Clearly, the issue is not as problematic for non-profit foundation-led projects, but the issue of copyright assignment needs more thoughtful assessment than a response that amounts to “non-profit=good, for-profit=bad”.

For more considered analysis of the issue of copyright assignment see:
Dave Neary: Copyright assignment and other barriers to entry
CAOS Theory: On the importance of copyright assignment
Daniel Chalef: OSBC, Community Engagement and Contributor Agreements
Michael Meeks: Some thoughts on Copyright Assignment
Tarus Balog: More on Copyright Assignment


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As the GPL fades …

Январь 28th, 2010

We’re continuing to see signs that the dominant GPL open source license may be fading from favor among commercial open source software players. The latest move away from the GPL comes from content management software vendor Alfresco, which is moving to the LGPL after originally releasing its code under the GPL three years ago. The reasoning for the shift, according to Alfresco CEO John Newton, is the company sees greater opportunity beyond being a software application, particularly given the emergence of the Content Management Interoperability Services standard. Alfresco won mostly praise for its move, and it does make sense given where open source is going these days.

I believe the emerging trend away from GPL and toward more permissive, mixable licenses such as LGPL or Apache reflects the broadening out of open source software not only throughout the enterprise IT software stack, but also throughout uses beyond individual applications, frameworks and systems. More and more open source software vendors are pursuing opportunities in embedded use or OEM deals whereby open source software often must sit alongside or even inside of proprietary code and products. Similar to what we’ve seen in the mobile space — where open source software and development are more prominent than ever, but end products with accessible code are not — open source is broadening out, but it is doing so in many cases by integrating with proprietary code.

We also see some debate about the community and commercial ups and downs of GPL as organizations contemplate the balance of the two and the best way to achieve commercial success with open source software. As Matt highlights, we are seeing a choice of non-GPL licensing in order to more effectively foster community and third-party involvement, but we also continue to see GPL as a top choice to similarly build community.

While the debate about community versus commercial benefit may not necessarily be prompting movement away from GPL, I believe another recent action may indeed do so. The latest series of GPL lawsuits are aimed at raising awareness, profile and legitimacy for open source software. While those bringing the suits — primarily the Software Freedom Law Center — have exhibited a reasonable approach and settled with past lawsuit targets, these suits and publicity may still serve to steer organizations making the choice to other licenses, including the LGPL, BSD, Apache and the Eclipse Public License.

Another factor is the GPL thumping that took place during the SaveMySQL campaign as the European Commission contemplated Oracle’s proposed (and now closed) acquisition of Sun Microsystems and the open source MySQL. I voiced my concern that the SaveMySQL campaign might jeopardize or de-value open source software projects and pieces in M&A, but I believe I’m actually in agreement with SaveMySQL leader Monty Widenius that the deal and process may end up tarnishing the GPL and its reputation in the enterprise.

As stated above, much of the movement we’re seeing away from the GPL has to do with the desire and opportunity to place open source software alongside, within, on top of or otherwise with proprietary software. Non-GPL open source licenses are also more flexible in terms of integrating and bundling with other open source software licensed under other, non-GPL licenses.

We anticipated this fade of GPL as covered in our report, The Myth of Open Source License Proliferation. Given its clout, durability and continued popularity in commercial open source (and with help from continued growth of GPL-licensed Linux) we believe the GPL will endure as a top open source license. However, given their flexibility and the ability to combine with other code, we see a number of other challengers — Apache, BSD, EPL and LGPL — rising while GPL dominance wanes. We’re also watching to see whether the AGPLv3 for networked software will provide new life for GPL-style licensing and community building in emerging virtualized, SaaS and cloud computing environments.


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451 CAOS Links 2010.01.25

Январь 25th, 2010

WordPress Foundation formed. Reaction to Oracle-Sun approval. And more.

WordPress Foundation formed
# Matt Mullenwag launched the WordPress Foundation.

Reaction to Oracle-Sun’s EC approval

# In a memo Sun CEO Jonathan Schwartz encouraged the company’s employees to emotionally resign from Sun.

# EnterpriseDB and PostgreSQL co-founder Bruce Momjian issued a statement on the EC’s decision to approve Oracle-Sun.

# Mike Hogan asked, did Oracle make concessions to the EU?

# Savio Rodrigues discussed Sun & Oracle’s impact on open source acquisitions.

# Save MySQL campaigner Florian Mueller commented following the EC’s clearance of the Oracle-Sun deal.

# Josh Berkus clarified his presentation on Sun and ten ways to destroy a community.

# Ingres CEO Roger Buckhardt analyzed the impact of Oracle-Sun on the database market.

Best of the rest
# Internetnews.com reported on Red Hat’s plans for JBoss in 2010.

# Red Hat’s opensource.com community site is now live.

# Talend introduced and open source Master Data Management (MDM) product.

# Joe “Zonker” Brockmeier, openSUSE community manager, is leaving Novell.

# JavaWorld compared JBoss and SpringSource.

# MuleSoft updated Tcat Server with support for the newest version of Apache Tomcat 6.0.24.

#OSS Watch discussed control versus community.

# McObject’s Perst open source, object-oriented embedded database now supports Microsoft’s Silverlight technology.

# GigaOM discussed how Red Hat has avoided the recession.

# Carlo Daffara discussed how open source enables new ways of cooperating.


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A guide to The 451 Group’s open source software coverage

Январь 13th, 2010

Regular visitors to the 451 CAOS Theory blog will be well aware of The 451 Group’s CAOS (Commercial Adoption of Open Source) research service and our CAOS long-form reports.

They are probably less aware of the open source coverage that The 451 Group provides on a day-to-day and week-to-week basis, however, and I thought it would be worthwhile to provide some examples of The 451 Group’s ongoing open source coverage by highlighting a few recent reports.

The company’s core services are 451 Market Insight Service, which delivers daily insight into emerging enterprise IT markets, and 451 TechDealmaker, a forward-looking weekly analysis service focused on M&A activity within the enterprise IT business.

Here’s some examples of how our coverage fits in to those two services. Needless to say, these reports are only available to clients, although you can apply for trial access. Vendors - open source or otherwise - do not have to be clients in order to be covered by our analysts.

451 Market Insight Service
The 451’s CAOS analysts - Jay and I - are responsible for much of the coverage of open source specialist vendors. Recent examples include:

Meanwhile The 451 Group’s team of analysts also cover open source related vendors in their respective coverage areas, often in conjunction with CAOS analysts. For example:

Additionally, we also provide reports assessing the strategies of proprietary/mixed source vendors towards open source. Examples include:

In addition to our vendor-centric MIS output, open source also regularly makes an appearance in our reports assessing wider industry trends. For example:

451 TechDealmaker
451 Group analysts follow open source-related M&A in their coverage areas, again often working with the CAOS analsyst. Examples include:

While we also provide reports assessing the prospects of potential acquirers and targets alike. For example:

And again, open source makes an appearance in our reports assessing wider industry trends. For example:

For those with an interest in M&A it is also worth mentioning is 451 M&A KnowledgeBase – the company’s merger and acquisition database, which contains details of all M&A deals tracked by The 451 Group, and offers the ability to filter search results to contain deals that are themed “open source”.


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Save MySQL would not spare open source M&A

Январь 12th, 2010

A recent pitch from the folks opposing Oracle’s ownership of MySQL via acquisition of Sun Microsystems got me thinking. The plea, ‘Oracle can have Sun, but not MySQL’ may make sense to some, but to me it speaks to the irony of closing out Oracle or any company or anyone from open source. Upon further reflection and given 2010 is off to a roaring pace of M&A, I also began to wonder what the impact of the ‘Save MySQL’ campaign could be on open source in M&A, particularly if it was to successfully derail the acquisition or somehow decouple MySQL from Sun under Oracle?

What would it mean to carve out the open source projects, components, teams and support from companies involved in mergers and acquisitions over the last few years?

Would Citrix have still bought XenSource if Xen were cut out or somehow separated in any way shape or form from the deal? Would it have paid $500m?

Would Nokia have bought Trolltech and Qt for $153m?

More recently, would VMware have purchsed SpringSource for $420m if some or any of SpringSource’s open source projects, developers or holdings — including its own acquisitions Covalent and Hyperic — were not included?

Oh yeah, would we even be here with MySQL owned by Sun Microsystems if Sun were prevented from fully acquiring the project, code and company despite spending $1 billion two years ago?

Some degree of concern about Oracle’s potential ownership of MySQL or any ownership of open source projects and code is certainly warrented and prudent, but I don’t believe the fear that punctuates the message of the ‘Save MySQL’ campaign makes much sense. This is particularly so in light of the past deals listed here and others where the market has required continued investment and support of open source and provided continued revenue and benefits from open source.

While some of these scenarios may be admittedly implausible, I believe that separating out open source components, parts, projects and subsidiaries from vendors could certainly serve to dull the shine of open source software assets and vendors amid M&A valuations, prospects and strategy.


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Don’t fear the reaper. Why FOSS should not fear M&A by proprietary vendors

Январь 8th, 2010

A couple of posts have been published recently worrying about the impact of more open source specialist vendors being acquired by proprietary vendors.

This is an issue that crops up occasionally. Usually when a major acquisition has been announced, and the current questioning seems to be driven by the ongoing saga of Oracle-Sun-MySQL, as well as the rumoured purchase of Zimbra by VMware.

While fear of the unknown is understandable, to my mind the concern about open source specialists being acquired by proprietary vendors is driven by parochialism and misplaced assumptions about the rate of acquisitions and the acquiring company’s intentions.

For a start the statistics suggest that acquisitions involving open source vendors have declined in recent years (contrary to our expectations to be honest). According to our preliminary figures there were 24 M&A deals involving open source vendors in 2009, compared to 29 in 2008 and 35 in 2007. Dave Rosenberg makes the case that we have seen less open source M&A than we might have expected.

There is always the fear, however, that a proprietary vendor could acquire an open source rival in order to shut it down. This is a theory we at The 451 Group investigated last year via a TechDealMaker service report asking “Could an open source project survive a hostile acquisition?” (451 clients can access the report here).

Looking at the history of M&A involving open source vendors we were unable to identify a single example of a proprietary vendor acquiring an open source project in order to kill it off.

Another significant fear involving open source acquisitions is that the acquiring company will suddenly change the licensing and/or pricing in order to generate revenue from users open source of the open source project.

To me this is a fear based on a false assumption that the only way to monetize open source is directly. If we look at the strategies used by proprietary vendors to generate revenue from open source (as we did oin our Market Insight Service report “How third parties generate revenue from open source“, which was itself adapted from our Open Source is Not a Business Model CAOS report) we find that they are more likely to do so indirectly via complementary products and services.

In contrast open source specialist vendors have no choice but to attempt to monetize the open source software directly, either through support or proprietary licensed add-ons, and we have observed that this creates an inherent tension.

There is also a false assumption that open source specialist vendors are more committed to an open source “philosophy”. Some are, to be sure, but some simply see open source as a means to an end - treating it as a license tactic that disrupts competitors and expends potential adoption. There is nothing inherently wrong with that, but it does mean that for a great many open source “projects” the idea of the development community is a myth.

As previously discussed, Matt Asay noted last year that “vendors that have proprietary selling points elsewhere don’t need to control open-source code.”

In fact, I would suggest that vendors with proprietary selling points elsewhere have more to gain from releasing control of an open source project. Dirk Reihle explained the financial benefits this week with his Economic Case for Open Source Foundations, including sharing development expenses, increasing profits per sale, increases sales, and expanding the addressable market.

The fact that proprietary vendors have proprietary selling points elsewhere means that they are also in a better financial position to trade control for community via a foundational approach, in contrast to open source specialists.

There may well be situations where the acquisition of open source specialists by proprietary vendors might give cause for concern, but I believe it is wrong to assume that the impact will be negative. While many open source specialists might have something to fear regarding increased M&A activity, in the broader context open source software has more potentially to gain from the increased involvement of proprietary vendors than it has to lose.


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Everything you always wanted to know about MySQL but were afraid to ask – part three

Январь 4th, 2010

Since the European Commission announced it was opening an in-depth investigation into the proposed takeover of Sun Microsystems by Oracle with a focus on MySQL there has been no shortage of opinion written about Oracle’s impending ownership of MySQL and its impact on MySQL users and commercial partners, as well as MySQL’s business model, dual licensing and the GPL.

In order to try and bring some order to the conversation, we have brought together some of the most referenced blog posts and news stories in chronological order.

Part one took us from the announcement of the EC’s in-depth investigation up to the eve of the communication of the EC’s Statement of Objections.

Part two took us from there to the eve of the announcement of Oracle’s concessions.

We will continue to update part three, below, until either the acquisition or the EC’s investigation closes.


December 14
: Oracle - Oracle Makes Commitments to Customers, Developers and Users of MySQL
“Oracle has engaged in constructive discussions with the European Commission regarding the concerns expressed by the Commission about the Oracle/Sun Microsystems transaction, and in particular the maintenance of MySQL as a competitive force in the database market. In order further to reassure the Commission, Oracle hereby publicly commits to the following…”

December 14: Commission welcomes Oracle’s MySQL announcement
“Today’s announcement by Oracle of a series of undertakings to customers, developers and users of MySQL is an important new element to be taken into account in the ongoing proceedings. In particular, Oracle’s binding contractual undertakings to storage engine vendors regarding copyright non-assertion and the extension over a period of up to 5 years of the terms and conditions of existing commercial licenses are significant new facts. In this context, Competition Commissioner Neelie Kroes recalls and confirms her statement of 9 December 2009 that she is optimistic that the case will have a satisfactory outcome.”

December 14: Jeremy Zawodny - Trust Oracle? Why?
“Back a few years ago when Oracle dismissing MySQL in public while working hard against it in private, I realized that they were simply trying everything they could to protect their crowned jewels: public denials and classic FUD paired with hush-hugh backroom deals. Nobody has managed to explain, in even a mildly convincing way, what has changed since then. Why should we suddenly trust Oracle? Their crowned jewels are still threatened by MySQL.”

December 14: BusinessWeek - How Oracle Disarmed EU Critics
“The most influential provision in assuaging regulators’ concerns about the proposed acquisition may be one of the least noticed. Amid Oracle’s commitments was a pledge to let other technology vendors continue licensing MySQL for use in their products for another five years.”

December 15: Henrik Ingo - We scared Oracle a little, but their promises for MySQL are mostly an insult to the Commission
“5 years, or any amount of years, as a limit to such assurances is not satisfactory and customers and partners would immediately loose interest in MySQL with this promise. The only workable solution has to be perpetual and irrevocable promises.”

December 15: Stephen O’Grady - Oracle, MySQL and the EU: The Endgame Q&A
“Remember June of 2008? Oracle hiked its prices by 15-20% with no detectible impact to its volume. If MySQL was a real, substantial alternative, wouldn’t we have seen wholesale migrations away from Oracle to MySQL? That we didn’t, and continue not to, tells me they’re two different markets.”

December 16: Sheeri Cabral - A MySQL Community Member Opinion of Oracle Buying Sun
“The FUD about Oracle slowing development MySQL are not valid, and not true. The motivations behind those spreading this FUD are monetary and selfish. As a community member, I have seen Oracle put plenty of time, money and effort into developing InnoDB. I look forward to even more of Oracle’s resources being used to develop MySQL further.”

December 16: Monty Widenius - Oracle gives only empty promises for MySQL
“Oracle is trying to win the case through press releases and public pressure instead of really eliminating the European Commission’s concerns. They show no respect for the European authorities or how we do things here. Oracle just want to dictate their own terms and expect us to accept them on face value.”

December 17: AP - Oracle expects EU to approve Sun deal next month
“Oracle’s president, Safra Catz, said in a statement Thursday that the company now expects that European regulators will “unconditionally” approve the Sun acquisition in January.”

December 28: Monty Widenius - Help keep the Internet free
Monty Widenius launches his petition to help save MySQL by claiming (amongst other things) that “It’s not in the Internet users interest that one key piece of the net would be owned by an entity that has more to gain by severely limiting and in the long run even killing it as an open source product than by keeping it alive.”

December 29: Mark Callaghan - Save MySQL, save the world
“MPAB continues to drive away potential supporters with the tone of their messages, the inclusion of pointless assertions, and the complete lack of references.”

December 29: Sheeri Cabral - Save MySQL by letting Oracle keep it GPL
“I cannot say whether or not Oracle would kill MySQL. However, I have already stated I believe Oracle will not kill MySQL. This is based on the fact that Oracle has had the chance to kill MySQL for several years, by making InnoDB proprietary, and has not.”

January 3: David Nielsen - Why “helping MySQL” reflects poorly on us all
“This has nothing to do with the software’s freedom status and given the FSF’s behavior as well as argumentation throughout recent years, the entirety of the inherent freedoms remain intact even when forking the existing codebase, meaning that this is entirely about the right to make money from proprietary use cases of the code.”


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