Is the MySQL FOSS License Exception transitive - does it remove the GPL restrictions for downstream

Posted by Eric on Stack Overflow See other posts from Stack Overflow or by Eric
Published on 2010-05-04T19:33:44Z Indexed on 2010/05/04 19:38 UTC
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mysql

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gpl

I'm looking at building a MySQL client plugin for a proprietary product, which would violate the GPL as discussed in the FAQ at http://www.gnu.org/licenses/gpl-faq.html#NFUseGPLPlugins

However, according to the MySQL FOSS License Exception ("FLE"), discussed at http://www.mysql.com/about/legal/licensing/foss-exception/, you can license an open-source product built with the client with many alternatives. The oursql library (https://launchpad.net/oursql) is BSD-licensed.

Is this a valid way around the GPL? By my reading of the FLE, the only clause that refers to downstream uses of derived works is section 2.e:

All works that are aggregated with the Program or the Derivative Work on a medium or volume of storage are not derivative works of the Program, Derivative Work or FOSS Application, and must reasonably be considered independent and separate works.

This is the case for our product: it is not a derivative work of oursql, and in fact accesses it only via a plugin-driven interface.

So is this a valid loophole?

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