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MongoDB's Server Side Public License Is Likely Unenforceable

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Re: MongoDB's Server Side Public License Is Likely Unenforceable

#51
post #11

Isn't it just so that the Mongo's SSPL is a natural extension of AGPL, modified to make it cover things that wouldn't otherwise be considered a derived work (which is exactly what FSFs interpretation of GPL does for more typical, 'single-host' situations), and inheriting the AGPL's problems?

I'm not sure what the question is, but the AGPL is very carefully drafted to avoid the problems Van is talking about.

Well, according to the article the second problem is directly inherited from AGPL.

Re: MongoDB's Server Side Public License Is Likely Unenforceable

#52
post #44

I honestly don't see how this can pass OSI or DFSG approval. It's a blatant violation of rule 9, which prohibits restrictions on distribution of other software.

Only if you think that related software necessary to make and run the service is "other software" and not an improvement over the primitive default service.

Re: MongoDB's Server Side Public License Is Likely Unenforceable

#53
MongoDB of course has right to change their license to anything they want. One day they might decide to go proprietary with no notice too...

According to our poll many users will seek alternatives for MongoDB because of the license change

https://www.percona.com/blog/2018/10/24/poll-mongodb-license...

MongoDB probably feels they have reached critical mass so it does not matter any more...

Re: MongoDB's Server Side Public License Is Likely Unenforceable

#54

I don't understand the line of reasoning. Can anyone give me a lay explanation? My understanding of the license change is basically "if you use MongoDB to support any site, all software higher in the stack needs to be released as well". Is that accurate? If so, why can't an author make this part of the license?

IP lawyer here :) "If so, why can't an author make this part of the license?" So let's separate out two questions implicit here: Can you make this part of a license? Would you win if you sued someone for violating it? The answer to the first is clearly yes, you can license it however you want :-). However, like most IP, in basically all countries there are limitations on how you are allowed to license things, to ensu…

Let's hypothetically say that a court agrees that this is copyright misuse.

Where would that put existing MongoDB released under the SSPL? Surely not public domain, so where?

Re: MongoDB's Server Side Public License Is Likely Unenforceable

#57

> accused infringer would then, quite rightly, plead impracticability I’m not a lawyer, but I wouldn’t expect that to be a valid defense. If you can’t comply, don’t use it.

I wish the article had taken this question more seriously. Impracticability is a defense under contract, but a fundamental requirement in the US test is: > "an occurrence of a condition, the nonoccurrence of which was a basic assumption of the contract" Impracticability is not a defense against signing stupid or damaging contracts; it specifically releases a party when circumstances change such that a contract is no…

Here is the analysis: Let's think about the context where this would come up: A party ("Service") takes the SSPL'd MongoDB and implements a service. Service releases some code based on a good faith interpretation of the scope of the release necessary. There is a dispute between MongoDB and Service as to the scope of the necessary code release.

In the ensuing lawsuit, Service raises misuse and argues that the scope is ambiguous. Leaving aside the misuse argument, a court could either a) find for Service, thus restricting the scope of the code to be delivered, or b) find for MongoDB, thus giving rise to an immediate defense of frustration/impracticability, which would undo the contract.

Re: MongoDB's Server Side Public License Is Likely Unenforceable

#58
post #51

Earlier quoted context omitted.

I'm not sure what the question is, but the AGPL is very carefully drafted to avoid the problems Van is talking about.

Well, according to the article the second problem is directly inherited from AGPL.

Not quite. There are administrative problems with the AGPL, which are inherited here. But it is the scope of this license that pulls in these new defenses.

Re: MongoDB's Server Side Public License Is Likely Unenforceable

#60
post #3

Use Postgres, problem solved.

While I like relational data and I _love_ Postgres specifically, there are some tasks and contexts for which non-relational stores are better suited.

I agree, although I think the use cases for non-relational databases is overstated, but I view MongoDB as one of the most dangerous pieces of software I’ve had to touch. It demos great, but long term usage of MongoDB has been nothing but pain for me. Lost writes, all three nodes deciding the other is primary, crappy performance if you’re just outside of the indices, and extremely painful migrations all come to mind.

I really hate MongoDB. I’ve been burned by it consistently for the past half decade or so, across several companies, data sets, ops teams, and underlying hardware. I’ve just decided that fundamentally MongoDB doesn’t work.

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