How this database legal war could be decided by the name given to this license
] when the judge overseeing the case granted the company's request for a temporary injunction based on its trademark and unfair competition claims.
PureThink was enjoined – until the matter can be resolved – from"advertising, promoting, representing or referring to ONgDB as a free and open source drop-in replacement for Neo4j Enterprise Edition" and making false representations about ONgDB to customers. The US Ninth Circuit Court of Appeals subsequently upheld that injunction, and the case has continued so far.
Among the remaining disputed issues to be resolved, the most important for the Free and Open Source Software community is whether Neo4j's concatenation of the AGPLv3 and Commons Clause is allowed.[PDF] prepared for the case, acknowledges that the AGPLv3 language can be re-mixed and used in another license, as long as that license is not called the AGPLv3.
But if the license is referred to as the AGPLv3, then its Further Restrictions Clause – which allows users of APGLv3 licensed software to remove added licensing terms – should apply. If the court accepts that argument, it would be a significant reversal: PureThink would be allowed to fork Neo4J EE under the AGPLv3.
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