From:	 "Britt Johnston" <britt@nusphere.com>
To:	 corbet@lwn.net
Subject: Re: [Fwd: Re: mysql.org]
Date:	 Wed, 18 Jul 2001 11:09:40 -0400


NuSphere Response to MySQL AB's Open Invitation 
-----------------------------------------------

NuSphere accepts MySQL AB's invitation to discuss resolution of
our business issues.  NuSphere and MySQL AB have already spoken via 
phone and confirmed discussions will commence on Friday, July 20th.

NuSphere would welcome a fresh approach by MySQL AB to resolving 
these issues.  The public postings and attempts to incite the
community were not in the best interest of MySQL.  We would 
welcome a productive dialog rather than a public campaign.

NuSphere requests that MySQL AB continue discussions in the tone 
and spirit of the invitation.  The pattern that has taken place 
over the past several months of extreme action by MySQL AB, 
followed by overtures for negotiation, continues to damage 
the trust needed to establish the further agreements that MySQL AB
seeks.  We note that public statements have been made after the 
invitation, statements that are not in the spirit of the invitation.

During our discussions commencing Friday, we are willing to 
address the issue of delaying legal proceedings.  MySQL AB
must understand that its strong and very public statements denying 
the validity of the agreement we entered into on June 21, 2000, 
denying the rights granted to use MySQL related trademarks, and now
denying the financial and technical contributions that NuSphere has
made to MySQL, all underscore the need to seek legal enforcement of 
our rights.  Any delay that NuSphere could agree to would require 
that MySQL AB show restraint and a spirit of cooperation in its 
ongoing public statements.

As you are aware, we are forming a not-for-profit corporation to
focus on building and supporting a larger MySQL development 
community and promoting MySQL.  The mysql.org domain is expected 
to be transferred to that organization.   NuSphere has taken the 
lead and is covering the costs of forming this organization and 
expects it will take some time before it can operate on its own. 
We firmly believe that establishing a source of information
independent of any for-profit corporation is an important step for 
the long term health of the MySQL community.  We encourage you to 
reconsider your opposition and join us in supporting this effort.

The Gemini storage manager is now available under the GPL license via
mysql.org.  The new Gemini table handler, storage manager, and the 
existing MyISAM table handler provide the most scalable and reliable
version of MySQL ever.  This release completes the commitment NuSphere
made and we jointly announced in January 2001 when our relationship
was strong.

Gemini as released under the GPL provides all the support for
transactions, row level locking and crash recovery essential for 
building commercial applications.   MySQL AB is encouraged to
incorporate this significant contribution to the MySQL server 
sources to eliminate concerns about a fork.  Regrettably MySQL AB 
cut off NuSphere's prior direct access to make those changes.

NuSphere is a major sponsor of the OSCON 2001 conference and intends 
to heavily promote MySQL at the event.  NuSphere has organized a 
MySQL track to further promote MySQL on both a technical and business
level at the conference.  NuSphere continues to support the formation 
of a noncommercial organization.  All of these demonstrate the
strength and depth of our commitment to the MySQL community.  Your
willingness to return to resolving our issues in a business-like
fashion would be welcome.

Sincerely,

Britt Johnston
CTO, NuSphere Corporation