Before pushing the parties toward a settlement, the judge previewed a likely outcome of the preliminary injunction if a settlement is not reached. For a preliminary injunction to be granted, she said, the plaintiff must show that it is being done irreparable harm.
On the GPL issue, Saris told MySQL that “I haven’t seen the irreparable harm to you and I have seen it to Progress,” if its business were shut down.
I’m delighted to see that Judge Patti B. Saris in my home town of Boston, a town not normally renowned for avoiding confrontation, is ducking the question of whether the GPL can be enforced. She does appear to be practicing good jujitsu on the negotiators, though, by turning around the injunction issue: