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Why the EU should block Oracle/Sun

Last week, I argued that the European Commission, the European Union's top competition authority, was wasting its time delaying Oracle's acquisition of Sun. Since then, I've heard from Henrik Ingo, the COO (chief operating officer) for Monty Program Ab, the MySQL fork headed by MySQL's founder Michael "Monty" Widenius. He has a different take on the EU's opposition to the deal, and I thought it worth sharing his viewpoint with you.

First, Ingo notes that "While it's true that many use MySQL for free [under the open-source GPL license), and some even hack on the GPL'd source code, most of MySQL's paying customers use MySQL under a commercial license which has nothing to do with Open Source. It is in this market that MySQL competes against Oracle and for those customers the GPL version of MySQL offers no consolation. This is the main reason why the EU is concerned."

He's correct; MySQL is a dual-licensed product. Anyone can use MySQL as an open-source program, but, to quote Sun's description of the license, "OEMs, ISVs, VARs and other distributors that combine and distribute commercially licensed software with MySQL software and do not wish to distribute the source code for the commercially licensed software under version 2 of the GNU General Public License (the "GPL") must enter into a commercial license agreement with Sun."

This is a different model than that say used by Red Hat. Anyone can use the latest RHEL (Red Hat Enterprise Linux) . Indeed companies like CentOS and Oracle produce near-identical twins to RHEL and it's all quite legal. Where Red Hat makes it money is with support contracts.

That's not the case with MySQL. Ingo explains it's that dual-licensing "revenue is what has been used to improve MySQL for the last 15 years. Yes it's Open Source, but apart from Google and Percona doing some enhancements, MySQL actually did not come to be thanks to a vibrant community of Open Source volunteers, the licensing revenue was used to pay for in-house development."

Ingo continued, "So yes, you're right that Oracle couldn't kill MySQL, and some MySQL users like the Web 2.0 wouldn't even notice anything, but believe me, big European OEM customers to MySQL are concerned."

In addition, "You mention the storage engines, and this should be another reason the EU is concerned. We [Maria DB] argued to the EU that much of the innovation in (SQL) databases as a whole happens today by virtue of MySQL storage engines. Kickfire, Infobright, Calpont are all challenging Oracle as innovative and affordable DB solutions. By owning MySQL, Oracle would get indirect control over all of these (who again need the proprietary, non-GPL license for their business). In other words, Oracle could (potentially) stifle innovation much further than just MySQL itself."

Ingo also observed that my "argument that the EU shouldn't meddle in the merger of 2 US companies we see quite a lot in the US, not surprisingly. The fact is, EU regulates companies that operate in EU, just as US regulates European companies if they operate in the US market."

He agrees with me that "It is true that Sun is suffering every day now. One interesting consequence to understand is that the EU has stalled on a very narrow point of the big picture. Oracle has all powers to end this process in 1 day, by agreeing with the EU to divest the MySQL part and keep the rest. After all, Oracle would want us to believe that MySQL is so insignificant they don't even care to talk about it and the MySQL revenues are so small that a regulator shouldn't even be concerned. If indeed Oracle is not interested in MySQL, there is no reason for them to drag this process any day longer. Otoh if they are not letting go of MySQL... maybe there is something there for the EU to look at after all?"

What it all boils down to is that "MySQL indeed competes and puts price pressure on Oracle."

OK. He's convinced me. While there are other significant open-source DBMSs (database management systems) like PostgreSQL, MySQL is the most important of them. After all, the familiar development phrase LAMP (Linux, Apache, MySQL, PHP/Python/Perl) includes MySQL. Oracle, like Microsoft, tries to control its areas with an iron hand. Since it appears that, open source or not, commercial MySQL could be locked up by Oracle, I now believe that until MySQL is spun out, the deal should be blocked.

What People Are Saying

Look in here and see !

If you look into the schedule here:

http://ec.europa.eu/competition/mergers/cases/index/m110.html#m_5529

you will agree that EU commission is delaying the merger on purpose.

Fact: all notifications, even those which came after the notification of Sun-Oracle have an earlier deadline date.

Now, what would you conclude from the fact, that someone sets a deadline in far future before officially having examined a case ?

You will conlude that some very big IT company is interested in delaying the merger. A company that has very good friends sitting there, if not even Mr. Baroso himself.

Darn, you just cannot trust these italian mafia guys.

Let's, how we can get rid of him.

EU commission abuses it's legal powers

there is no doubt EU commission abuses it's legal powers.

It is their job to enable competition but actually they do the opposite by protecting IBM's (and HP's and MS's) dominancy in the European market.

I dare say, there is more behind the scene than just this ridiculous MySQL argument.

1. this technology is below 1% in market share and Oracle will officially continue to support it.

2. it's OpenSource and Monty just started a new version that can be adopted by say IBM at any time.

3. if at any time Oracle could dominate the database market like - say MS - is dominating the Desktop market, I would start thinking about it, but no way this will ever happen.

Pulling out of Europe and leaving these guys alone for a while with IBM's Mafia would do the job.

EU commission abuses it's legal powers

there is no doubt EU commission abuses it's legal powers.

It is their job to enable competition but actually they do the opposite by protecting IBM's (and HP's and MS's) dominancy in the European market.

I dare say, there is more behind the scene than just this ridiculous MySQL argument.

1. this technology is below 1% in market share and Oracle will officially continue to support it.

2. it's OpenSource and Monty just started a new version that can be adopted by say IBM at any time.

3. if at any time Oracle could dominate the database market like - say MS - is dominating the Desktop market, I would start thinking about it, but no way this will ever happen.

Pulling out of Europe and leaving these guys alone for a while with IBM's Mafia would do the job.

More typical FOSS FSF shill

More typical FOSS FSF shill whining.

Sounds like "freedom", you can't compete so ask the EU to step in.

Chapter 11

SUN is in a desperate need for a new owner.

If the merge with ORacle wont happened then SUN will most likely file chapter 11 or someone else will buy them.

The EU-commission deep-dive is jepordizing SUN as a company.

Oracle will anyway buy what the want under a chapter 11 procedure but then not the full company.

Unkas

Silly

MySql did a paltry $25 million in TOTAL sales in ALL of EU last year. Oracle probably dropped more than $25 m on the way to the bank. They rank 14th on the list of most used databases in EU. Oracle is #1. And Oracle is generally in a completely different market - large backend systems, where SQL is more web app stuff.

Your SQL friend is exaggerating the import of commercial use of MySQL. Do you honestly think that Oracle quashing $25m is SQL sales is going to impact their sales? The cheapskates using MySql aren't bloddy likely to cough up for Oracle software.

So explain to me where is the justification for examining the anti-competitiveness of this merger?

The EU is playing politics. MySql's Monty pprobably sees this as an opportunity to keep Sun's $2B and get his company back too, thinking oracle would cut loose of MySql in order to get the Sun acquisition moving again.

read the text

If indeed Oracle is not interested in MySQL, there is no reason for them to drag this process any day longer. Otoh if they are not letting go of MySQL... maybe there is something there for the EU to look at after all?"

OEM is not growth

The web, enterprise usage, or Web 2.0 is where growth for MySQL has to be. IMO, I think fewer and fewer companies are embedding databases these days as connectivity has become more pervasive. Some OEM's might be concerned but they have many options to choose from, so I can hardly see why that would be a reason to block the deal.

Again beggin the EU to do the dirty work?

Is the global economy become a place where the US is supposed to steer the innovation by having become a deregulated place (should I say far west) and the EU become the defender of civil liberty and the watchdog multinationals bad behavior ? Did you bother to ask the US antitrust office to stop this deal?

I believe a good number of this blog readers are Americans, shouldn't you guys start to stand up for yourself also on these issues?

"I don't want to do your dirty work, oh yeah..."

"shouldn't you guys start to stand up for yourself also on these issues?"

Sure. It's entirely up to the owners/shareholders of Oracle and Sun if they want to buy each other or not.

Government can't even run a post office efficiently, expecting the bureaucrats to be able to say who "should" and who "shouldn't" do business together is just setting up a situation where the biggest corruption wins.