Re: Benchmark

Bruno Wolff III wrote:
> On Fri, Feb 11, 2005 at 02:22:39 -0500,
>   Jaime Casanova <systemguards@gmail.com> wrote:
>
>>Think anout it, In USA you can speak and publish about the President
>>but cannot say anything about M$ or Oracles' DBMS?
>
>
> Not if you signed a contract that says you can't.
>
> If you didn't actually sign an agreement saying you wouldn't publish
> benchmarks, then you might have a case. You might argue that a click
> through eula isn't a valid contract or that you are a third party
> who isn't bound by whatever agreement the person who installed Oracle
> made. However it probably would cost you a bundle to have a chance
> at winning.

IANAL etc, but the key fear is more likely that Oracle merely cancel
your licence(s). And deny you any more. And prevent your software from
running on top of Oracle. At which point, you have to sue Oracle and
prove restraint of trade or unfair competition or similar. Don't forget
that you have no right to purchase Oracle licences, they are free to
sell to whoever they choose and under whatever conditions.

--
   Richard Huxton
   Archonet Ltd