[License-discuss] proposal to revise and slightly reorganize the OSI licensing pages

[Rick Moen]

Quoting Chris Travers (chris at metatrontech.com):

> For example, suppose I start selling a binary-only table engine for
> MySQL which offers real benefits over Innodb.  Let's say less bloat,
> less maintenance, faster performance, and no issues with thread
> deadlocks when multi-row inserts are done.  Suppose this is
> dynamically linked and I ship with an installer that detects installed
> MySQL versions and installs against this.  The installer asks for a
> license key which is used to determine how many client access licenses
> you have purchased.  I sell CAL's for $50/client.

As always, it depends on the various facts of the case and how well
argued, if the matter were taken to court.

Again, the judge determines whether there has been copying of
copyright-eligible expressive elements into a new work.

I see from taking a brief look at the recent judge's order in the
Google/Oracle case dismissing a bunch of claims that he said those
claims were based on literal copying of non-eligible expressive elements
that might be patentable but not copyrightable (idea/expression
dichotomy).

> After all, *all* have done is use an API owned by Oracle (my money
> would also be that they'd sue me to try to win anyway, see Google v.
> Oracle).

Whether that is _all_ that you have done would depend on the various
facts of the case and how well argued, if the matter were taken to
court.