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RE: Re[2]: Verrrry interesting article at MetaLink

From: Fink, Dan <Dan.Fink_at_mdx.com>
Date: Thu, 10 Oct 2002 11:24:49 -0800
Message-ID: <F001.004E605C.20021010112449@fatcity.com>


>From Oracle's Terms of Use on Metalink...

"Confidentiality



Except for information in Web sites controlled by third parties that are accessible via hyperlinks from the MetaLink Web site, the information contained in the Materials is the confidential proprietary information of Oracle. You may not use, disclose, reproduce, transmit, or otherwise copy in any form or by any means the information contained in the Materials for any purpose, other than to support your authorized use of the Oracle Programs for which you hold a supported license from Oracle, without the prior written permission of Oracle. Oracle will take reasonable measures to keep third parties from obtaining unauthorized access to Technical Assistance Requests (TARs) that you submit using the MetaLink Web site; however, Oracle does not guarantee that third parties will not have access to any information, comments, feedback, or materials that you submit to Oracle through or in association with the MetaLink Web site."

Oracle claims ownership of Jared's script, which it cannot do since it does not own the copy rights. Check copyright law, but there is a strong case for copyright infringement. There is a difference between passing copyrighted material on to others (giving someone a book) and claiming ownership (Look, ma, I just wrote this great play called 'Romeo and Juliet'). If Oracle had placed a copyright notice or attibution for Jared, I think they are okay, but they are passing the script as one of their own.

On the non-legal side, to me there is a big difference between being used by a corporation and used by an individual or other. Any/all of my scripts/documents on my website are available for use by anyone who so desires for their personal use. If I find that one of my presentation becomes part of Jim-Bob's Oracle Consulting Training classes, we are going to have to have a talk about fair use. Even if they preserve my copyright and/or attribution, they are using it for material gain. Since Oracle charges for support and access to Metalink, there may be a case. If they had posted it to OTN or Oracle Mag, which is free to use, it is another story.

Go Get 'Em Jared!

-----Original Message-----
Sent: Thursday, October 10, 2002 11:09 AM To: Multiple recipients of list ORACLE-L

Dick,

the difference is that Oracle is a corporation that is making money on someone else's work. they are quick to hammer the people we work for over license issues and, in this case, use someone elses work as a part of their software suite.

it's not right.

Tom Mercadante
Oracle Certified Professional

-----Original Message-----
Sent: Thursday, October 10, 2002 11:45 AM To: Multiple recipients of list ORACLE-L

Jared,

    Should you be irritated? I've had some of the things I published on the list put out as gospel elsewhere with my name attached & it's been a real pain
in the ^^$. I don't know. I think I'd feel flattered and relieved that no one
knows where it came from.

Dick Goulet

____________________Reply Separator____________________
Author: Jared Still <jkstill_at_cybcon.com>
Date:       10/10/2002 7:19 AM


Not interested in compensation. Just a litte irritated that the only change to the script was to remove my name.

Jared

On Thursday 10 October 2002 04:08, Rachel Carmichael wrote:
> you put the code out in the world without a comment in it about copying
> is not allowed and you've made it free for the taking.
>
> Compensation isn't likely. Credit is definitely due and should be
> given.
>
> --- John.Hallas_at_vodafone.co.uk wrote:
> > Jared,
> > You should feel upset as well as flattered. In my view you have a
> > strong
> > case against Oracle for some form of compensation, as a minimum you
> > should
> > be credited in the article.
> > Whether you can win against a big corporation is another matter of
> > course.
> > I and many others can confirm that the document has been on your site
> > for at
> > least 3 - 4 years (although they state the article to be originally
> > dated
> > 1998).
> >
> > I would certainly be in contact with Oracle about this. Perhaps a
> > good
> > starting point would be your sales rep or contact at wherever you are
> > working now.
> >
> > John
> >
> > -----Original Message-----
> > Sent: 10 October 2002 08:13
> > To: Multiple recipients of list ORACLE-L
> >
> >
> >
> >
> > Dear list,
> >
> > I found something rather interesting on MetaLink today.
> >
> > While doing a little research on UTL_FILE, I came across
> > document # 1050919.6. This document deals with how to
> > dump a table to an ascii file.
>
>

http://metalink.oracle.com/metalink/plsql/ml2_documents.showDocument?p_data
>b
>
> > ase_id=NOT&p_id=1050919.6
> >
> > I began to think the code looked a little familiar. Then I
> > saw the temporary file name of '_dtmp.sql', which was
> > rather reminiscent of file names I use.
> >
> > Further perusal revealed that the comments were written
> > by yours truly, and match word for word those I added to
> > the dump.sql script years ago.
> >
> > See for yourself: http://www.cybcon.com/~jkstill/util/zips/dump.sql
> >
> > I don't know whether to be flattered or upset.
> >
> > Jared
> > --
> > Please see the official ORACLE-L FAQ: http://www.orafaq.com
> > --
> > Author: Jared Still
> > INET: jkstill_at_cybcon.com
> >
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> > Author:
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> >
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-- 
Please see the official ORACLE-L FAQ: http://www.orafaq.com
-- 
Author: Jared Still
  INET: jkstill_at_cybcon.com

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  INET: NDATFM_at_labor.state.ny.us

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Author: Fink, Dan
  INET: Dan.Fink_at_mdx.com

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Received on Thu Oct 10 2002 - 14:24:49 CDT

Original text of this message

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