Somehow or other this thread points out issue(s) mvDbms vendors need to come
to grips with.

I got onto google and entered "SQL Server site license" and picked the first
link I saw and found out I could get a single processor SQL Server Standard
license for $3,500 (or a single processor SQL Server Enterprise license for
$7,500).  To me this means I get an unlimited user SQL Server license for a
single processor for $3,500 (or $7,500 if I'm interested in some advanced
analysis features).  This is specifically offered for e-commerce
applications.

It's often been pointed out that the mvDbms products are waaaaaay too
expensive by comparison.  This thread has wildly speculated about possible
"heavy handed" action by IBM in order to continue to overcharge users for U2
products.  At this rate there won't be any U2 users left.

I don't believe anyone is trying to "cheat" IBM here (and IBM knows it).
Developers are just trying to compete.  This is good; for developers and for
IBM.  :-)

Bill

> -----Original Message-----
> From: [EMAIL PROTECTED] 
> [mailto:[EMAIL PROTECTED] On Behalf Of David Jordan
> Sent: Monday, April 18, 2005 5:38 AM
> To: [email protected]
> Subject: RE: [U2] MvInternet - IBM Licensing Requirement
> 
> >I have not
> >heard of a single legal case in the IT world, not just the 
> MV market, 
> >brought by a DBMS vendor against a VAR/developer for abuse of this 
> >common communications design.  I think any company that does 
> so would 
> >be committing political suicide, if it allowed its developer 
> base to go 
> >so long without action, and then all of a sudden claimed 
> that accepted 
> >practices and established connectivity products were now in 
> violation 
> >of their legal terms.
> 
> I am aware of Microsoft doing this.  It has done software 
> audits on even large organisations and clobbered then for 
> breaches on SQL Server license.
> Oracle and IBM have stringent components of their contracts 
> to enable them to do audits.  I have had to sign distributor 
> contract with IBM and it stated that they were entitled to 
> investigate my client's sites to ensure that they have proper 
> licenses.
> 
> As the pressure is on the IT vendors to build revenues and IT 
> spending is down, then sooner or later vendors are going to 
> chase licensing issues to recover revenue.
>  
> 
> >Unless IBM publicly states their position on this topic, takes a 
> >developer to court, or just sends a polite "please rethink 
> your license consumption"
> >note to someone, we will not know how liberal they are about their 
> >licensing, regardless of what their license actually says.  
> My guess is 
> >that no DBMS company will take action unless there is blatent abuse
> 
> It is in the licensing contract and a breach of license can 
> lead to criminal charges to Directors.  Under SOX one cannot 
> ignore this because one thinks it is unlikely to happen.  IBM 
> U2 is not ignoring this area and has already placed 
> restrictions in the use of phantoms to contain this manipulation.
> 
> 
> Additionally:
> The examples you give are not the main issue that causes a 
> breach.  There are a number of applications where users 
> connect and stay connected but through a 3rd party mechanism 
> that channels tasks through one license to the backend that 
> then distributes to multiple background processes.  The 
> intent of this process is not application convenience or 
> style but more an attempt to avoid license fees and many 
> advertise this.  It is this avoidance of license revenue that 
> can expose companies legally.
> 
> I have discussed this issue with both jbase and MvOn as their 
> products talk to Oracle or SQL Server and falls into a 
> similar category where you really only have 1 process 
> accessing the RDBMS, independent of the number of users on 
> jBase or MvOn.  Both organisations have very quickly pointed 
> me to Oracle and Microsoft to discuss licensing issues and 
> neither would publicly recommend that companies run using 1 
> license of Oracle or SQL Server.  This is very much on the 
> radar of database vendors.
> 
> Regards
> David Jordan
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