FYI: Monty says: Help saving MySQL -δ ---------- Forwarded message ---------- From: Florian Mueller <florian [ dot ] mueller [ dot ] de82319 [ at ] googlemail [ dot ] com> Date: Sun, Dec 13, 2009 at 5:30 AM Subject: Open war: MySQL community vs. Oracle/Sun's mobilization campaign To: dimitris [ at ] glezos [ dot ] com I'd like to give you an update on dramatic developments in the tug-of-war over the Oracle/Sun merger. Monty, MySQL's creator and founder, has made an urgent call on the open source community to send emails to the European Commission concerning the proposed takeover of Sun's MySQL by Oracle. I'm not allowed to talk about the Oracle/Sun hearing that took place in Brussels on Thursday and Friday. What I can say about the case in general is that in my view the facts are just the same they've been all along. But as Oracle's lawyer even stated in public, they believe now that Europe will change mind due to messages from big customers in favor of the transaction. It's just that Oracle mobilized customers to write letters to the Commission and basically dictated the content by telephone. Based on what we heard from at least one such customer, Oracle apparently tried to particularly appeal to customers who also use Java and/or Sun hardware, and Oracle basically tried to capitalize on customer concerns about Sun's overall future in case the deal falls through, while the European Commission's concerns are only about MySQL, not about the rest of Sun. Monty just wants a solution for MySQL (the simplest and most effective one would be for Oracle to commit to sell MySQL to a suitable third party). In light of this aggressive campaigning by Oracle, Monty made the following call on the open source community a few hours ago: http://monty-says.blogspot.com/2009/12/help-saving-mysql.html There is already some initial Internet momentum even though it's the middle of the night in Europe: http://bit.ly/info/66vFwm (That's just some statistics from the bit.ly URL shortener, which is popular but not the only one that people use. Apparently people have already begun sharing it via Twitter etc.) I want to stress that this was Monty's personal decision and it's easy to see the difference between Monty's writing style and mine. I continue to believe Oracle should, in the first place, never have started with customer-related campaigning around a regulatory process. I think a case like this should be decided entirely on its merits, not on the basis of mobilization, and I told that view to the Commission a couple of days ago. *However, I can absolutely understand* that Monty took this decision because he's just too afraid that in the end some letters orchestrated by Oracle could make a difference at a decisive point in time. If the open source community understands it, it can probably generate far more messages to the Commission than Oracle has achieved. A few years ago I ran a campaign against software patents that repeatedly called on companies and the open source community to write letters/emails. But that was a legislative process in the European Parliament. I don't think Oracle should have done something like that in connection with merger control, which is supposed to be a purely facts-based regulatory process. But they did, and now Monty hopes the open source community will show them how strong it is, how fast it can mobilize people and how this community stands together. Further below please find an example of an email that Oracle sent to customers a few weeks ago, asking to set up a conference call with someone in their US headquarters to discuss the acquisition of Sun. When people accepted those invitations to conference calls, Oracle then made all sorts of promises (neither legally binding nor truly useful) as to what they would do after the acquisition and once the customer reacted favorably, they then asked the customer to write a letter to the Commission to request immediate approval of the takeover. The email below was given to me by one such customer and of course I have meanwhile provided it to the European Commission in order to prove that this isn't an independent outpouring of customer support: it's simply an Oracle campaign. The email below is in German because that is the only language in which I have obtained it so far, but there's every indication that Oracle did this throughout Europe, not only in Germany. Florian florian [ dot ] mueller [ dot ] de82319 [ at ] gmail [ dot ] com +49-171-2632226 ------------------------------ *Von:* [[NAME OF ORACLE SALES DIRECTOR REMOVED]] [[email address: FIRST_NAME.LAST_NAME at oracle.com]] *Gesendet:* Montag, 23. November 2009 [[TIME REMOVED]] *An:* [[NAME OF CUSTOMER CONTACT PERSON REMOVED]] *Cc:* [[NAME OF ORACLE ACCOUNT MANAGER REMOVED]] *Betreff:* Terminanfrage - Gespräch zum Thema Oracle und SUN Sehr geehrter Herr [[CUSTOMER LAST NAME REMOVED]], unserem Unternehmen ist sehr daran gelegen, die Einstellung unserer wichtigen Kunden zur SUN Akquisition zu verstehen. Gerne möchten wir Ihre Sicht zu dieser Transaktion kennenlernen. Deswegen bittet Sie Herr Joakim Johansson - Director Corporate Development - aus unserem Headquarter in Redwood Shores um ein kurzes Telefonat von 10 bis 15 Minuten. Wir würden uns sehr freuen, wenn Sie für dieses Gespräch zur Verfügung stehen und uns einige Terminvorschläge für ein Telefonat - vorzugsweise nachmittags - nennen könnten. [[NAME OF ACCOUNT MANAGER REMOVED]], Account Manager für [[CUSTOMER COMPANY NAME REMOVED]] wird gerne die weitere Koordination übernehmen. Wir freuen uns auf Ihre Antwort. 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