One might have thought European Commission antitrust regulators had their hands full with harassing Microsoft about the “Browser Ballot” (our comments) and fining Intel, but apparently they’re already looking for new targets so they can “stay busy”: Sun disclosed on Monday that the EC had objected to the “combination of Sun’s open source MySQL database product with Oracle’s enterprise database products and its potential negative effects on competition in the market for database products.”
It’s difficult to see how Oracle’s takeover of Sun would reduce competition in the intensely competitive database market. Since Sun’s MySQL software is open source and uses the strongly “copyleft” GNU General Public License (GPL) v2, Oracle will have little control over its future evolution. If Oracle decided to stop updating MySQL tomorrow, anyone in the MySQL development community could simply “fork” the project. Oracle knows this. (Do the European regulators?) If anything, Oracle’s proposed acquisition of Sun indicates that they are embracing the business model of commercial open source. In Sun’s case, that has meant striving to lead the best collaborative project possible and making money on providing the best product support.
European antitrust regulators should be celebrating this deal, rather than obstructing it.
Berin Szoka / Berin is the founder of TechFreedom. Previously, he was a Senior Fellow at The Progress & Freedom Foundation and Director of PFF's Center for Internet Freedom. He covers Internet and media policy issues including privacy, advertising, neutrality, cybersecurity, free speech, child safety, and various other efforts to regulate the Net.
Berin was elected in 2010 to the Steering Committee of the DC Bar Association's Computer & Telecommunications Law Section. Before joining PFF, he practiced communications, Internet and satellite law as an Associate in the Communications Practice Group at Latham & Watkins LLP. Previously, he practiced at Lawler Metzger, a boutique telecommunications law firm in Washington and clerked for the late Hon. H. Dale Cook, Senior U.S. District Judge for the Northern District of Oklahoma.
A recognized expert on the legal and regulatory issues associated with space commercialization, Berin is a member of the FAA's Commercial Space Transportation Advisory Committee (COMSTAC). He is a Director, and former Chairman, of the Space Frontier Foundation, a citizens' advocacy group founded in 1988 and dedicated to opening the space frontier by enabling "NewSpace."
He received his Bachelor's degree in economics from Duke University and his J.D. from the University of Virginia School of Law, where he served as Submissions Editor of the Virginia Journal of Law & Technology.