On Fri, Feb 11, 2005 at 02:22:39 -0500, Jaime Casanova <[EMAIL PROTECTED]> 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
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