none
License Question

    Question

  • We're curious as to whether we can bundle the SQL Server PHP driver with our software installation of a proprietary software product. According to http://sqlsrvphp.codeplex.com/license this should be possible, but the license file that is included with the installer seems to prohibit this. As such, we're a little confused.

    Any feedback would be appreciated, thank you.

    Friday, July 02, 2010 5:30 PM

Answers

  • WizardOz,

    The information provided by Charles is correct in general. It gets a little interesting/different with open source software.

    I assume you don't plan to distribute the source code of the driver (since you are planning to do with your proprietary software which typically does not include source code) and are asking about redistributing binaries only. If this is incorrect, then please clarify.

    Since you have the source code available, you have the option to build the driver binaries yourself and redistribute those binaries. In this scenario, clause 3D of the MS-PL license requires you to do so under a license compliant with MS-PL. What this exactly means is something best handled by lawyers, I suggest your legal counsel contact our legal dept. and take this offline. As clause 3E says, the source code is as-is and it will be up to your company to support your binaries even if you just built the source code as-is.

    If you wish to redistribute the driver binaries built, signed and distributed by Microsoft, then the EULA governs the binaries (i.e. the source code license does not apply). While the EULA for v1.1 of the driver does not explicitly prohibit redistribution, it is subject to export laws and regulations of United States.

    We are re-working our EULA for v2.0, and we expect to support your requirements - subject to United States exports laws/regulations of course. We urge you to test our latest CTP2 with your software product.


    Ashay Chaudhary
    SQL Server Driver for PHP (http://blogs.msdn.com/sqlphp)
    All information provided "as-is" and without warranty.
    • Marked as answer by WizardOz Wednesday, July 07, 2010 4:34 PM
    Monday, July 05, 2010 11:32 PM
    Moderator
  • Since the question is a license issue, you can call 1-800-426-9400, Monday through Friday, 6:00 A.M. to 6:00 P.M. (Pacific Time) to speak directly to a Microsoft licensing specialist, and you can get more detail information from there. Worldwide customers can use the Guide to Worldwide Microsoft Licensing Sites to find contact information in their locations.
    Please remember to mark the replies as answers if they help and unmark them if they provide no help
    Monday, July 05, 2010 7:09 AM
    Moderator

All replies

  • Since the question is a license issue, you can call 1-800-426-9400, Monday through Friday, 6:00 A.M. to 6:00 P.M. (Pacific Time) to speak directly to a Microsoft licensing specialist, and you can get more detail information from there. Worldwide customers can use the Guide to Worldwide Microsoft Licensing Sites to find contact information in their locations.
    Please remember to mark the replies as answers if they help and unmark them if they provide no help
    Monday, July 05, 2010 7:09 AM
    Moderator
  • WizardOz,

    The information provided by Charles is correct in general. It gets a little interesting/different with open source software.

    I assume you don't plan to distribute the source code of the driver (since you are planning to do with your proprietary software which typically does not include source code) and are asking about redistributing binaries only. If this is incorrect, then please clarify.

    Since you have the source code available, you have the option to build the driver binaries yourself and redistribute those binaries. In this scenario, clause 3D of the MS-PL license requires you to do so under a license compliant with MS-PL. What this exactly means is something best handled by lawyers, I suggest your legal counsel contact our legal dept. and take this offline. As clause 3E says, the source code is as-is and it will be up to your company to support your binaries even if you just built the source code as-is.

    If you wish to redistribute the driver binaries built, signed and distributed by Microsoft, then the EULA governs the binaries (i.e. the source code license does not apply). While the EULA for v1.1 of the driver does not explicitly prohibit redistribution, it is subject to export laws and regulations of United States.

    We are re-working our EULA for v2.0, and we expect to support your requirements - subject to United States exports laws/regulations of course. We urge you to test our latest CTP2 with your software product.


    Ashay Chaudhary
    SQL Server Driver for PHP (http://blogs.msdn.com/sqlphp)
    All information provided "as-is" and without warranty.
    • Marked as answer by WizardOz Wednesday, July 07, 2010 4:34 PM
    Monday, July 05, 2010 11:32 PM
    Moderator
  • Thank Sir Charles Wang, I agree with yours  opinion, once again thanks.
    Wednesday, July 07, 2010 10:36 AM
  • Hello Ashay,

    Thank you for your detailed response, I appreciate it very much. It sounds like this should work for us then, either by compiling from source or by using the newer version.

    We're still evaluating other web frameworks, including Java, but it's good to know that we could go forward with PHP at least. I do have to say however, that distributing the MSSQL PHP driver is definitely be somewhat cumbersome, since it would require to install the SQL Native Client (for which we'd have to check the license agreement as well) and the PHP driver (with the currently conflicting license information).

    In my honest opinion, if Microsoft wants to make its products, such as SQL Server, more accessible, then it should not restrict its drivers and such unnecessarily.

     

    Thank you again.

    Wednesday, July 07, 2010 4:39 PM
  • "require to install the SQL Native Client (for which we'd have to check the license agreement as well)"

    SNAC is a free redistributable. Yes, it needs to be checked once but not a problem thereafter.

    "I do have to say however, that distributing the MSSQL PHP driver is definitely be somewhat cumbersome, .... In my honest opinion, if Microsoft wants to make its products, such as SQL Server, more accessible, then it should not restrict its drivers and such unnecessarily"

    Agreed. And, I am working on simplifying it considerably.


    Ashay Chaudhary
    SQL Server Driver for PHP (http://blogs.msdn.com/sqlphp)
    All information provided "as-is" and without warranty.
    Wednesday, July 07, 2010 11:34 PM
    Moderator