----- Original Message -----
From: "Sharninder" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Thursday, April 03, 2003 1:30 PM
Subject: Re: [ilug-cal] [LICENCING/PART-OT] Oracle in Linux Platform


<snipped>
> ----------------------------
> You may not:
> �use the programs for your own internal data processing or for any
> commercial or production purposes, or use the programs for any purpose
> except the development and prototyping of your applications;�use the
applications you develop with the programs for any internal
> data processing or commercial or production purposes without securing
> an appropriate license from us;�remove or modify any program markings or any
notice of our
> proprietary rights;�make the programs available in any manner to any third
party;
> �use the programs to provide third party training;
> �assign this agreement or give or transfer the programs or an interest
> in them to another individual or entity;�cause or permit reverse engineering
or decompilation of the programs;
> �disclose results of any program benchmark tests without our prior
> consent; or,�use any Oracle name, trademark or logo.
> ------------------------
>
> now according to me if i download the program and make it available to
> you in a CD or anything that should be a violation of the agreement.

So, how is it ever a violation of that EULA if I use your bandwidth to download
*my* stuff???? After all how different is it from me d/ling the ISO images and
asking u to install it on my single system?

The EULA *nowhere* states:

[1] The machine on which the s/w is to be installed has to owned by self

[2] The bandwidth to download the stuff has to be my own

[3] That the CD writer used to make a backup copy has be self-owned and present
on the same system when Oracle has been installed

The EULA *does* state:

[1] Only on a single  machine

[2] Can't redistribute/re-package/re-export

[3] Cannot put to commercial use!

Yes, it does say:

<extract>

make the programs available in any manner to any third party; �use the programs
to provide third party training; �assign this agreement or give or transfer the
programs or an interest in them to another individual or entity;�

</extract>

Now, as far as my understanding goes, my installing the package would really
confirm my usage of the product... what if I do not install. What if you just
use my bandwidth for your own download, what it all the registration info
entered prior to the download is your own and not mine? What if the product
d/led is registered in your name name and not mine...  and I delete the dump
after I've copied it on a CD for u? Does the question of transfer even arise if
the registration and download request was made in your name???

Its just the same as taking my legit DVDs to your place to watch coz i'ven't yet
got my own player. However, if I let u rip/copy the DVDs then ofcourse it would
be illegal.

Therefore, unless we install on the machine oracle was downloaded to (and the
d/led copy is removed after copying) I guess there would be no violation....

I would really like some legal perspective on this... maybe we can take this
off-list?

--indra.



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