RE: Oracle License
Date: Thu, 21 Jul 2016 08:31:12 -0700
Message-ID: <009a01d1e364$ea156340$be4029c0$_at_comcast.net>
As I have stated in the past in these discussions you should take a trip down to your companies Chief legal counsel and let them explain the differences to you about legal contracts and what do the real contracts versus the white papers mean to your company.
Matthew Parker
Chief Technologist
Dimensional DBA
425-891-7934 (cell)
D&B 047931344
CAGE 7J5S7
Dimensional.dba_at_comcast.net
View Matthew Parker's profile on LinkedIn
www.dimensionaldba.com
-----Original Message-----
From: oracle-l-bounce_at_freelists.org [mailto:oracle-l-bounce_at_freelists.org]
On Behalf Of Dimensional DBA
Sent: Thursday, July 21, 2016 8:23 AM
To: jeremy.schneider_at_ardentperf.com; 'Chris Taylor'
Cc: 'Oracle-L Freelists'; 'Nagaraj chk'
Subject: RE: Oracle License
The key difference here is what is a legal contract, a white paper you download or a legal document you agree too. The OTN agreement and any legal paperwork you sign with Oracle when you actually order a product or support are legal documents and those documents state specifically what documents are included within those documents and that the document being signed/agreed to are the only part of the agreement.
Yes if two legal documents are in disagreement then the broader one rules, but none of the documents but the OTN agreement and any document you specifically sign with Oracle are the legal agreements. Everything else is simply marketing materials without legal binding.
If you even go to the downloads page for cluster ware it states specifically that cluster ware is covered under the cluster ware license.
Nowhere does a legal document state that it is free and unencumbered from other requirements.
Matthew Parker
Chief Technologist
Dimensional DBA
425-891-7934 (cell)
D&B 047931344
CAGE 7J5S7
Dimensional.dba_at_comcast.net
View Matthew Parker's profile on LinkedIn www.dimensionaldba.com
-----Original Message-----
From: oracle-l-bounce_at_freelists.org [mailto:oracle-l-bounce_at_freelists.org]
On Behalf Of Jeremy Schneider
Sent: Thursday, July 21, 2016 7:55 AM
To: Chris Taylor
Cc: Oracle-L Freelists; Nagaraj chk
Subject: Re: Oracle License
On Thu, 21 Jul 2016 09:40:17 -0500 Chris Taylor wrote:
> Sorry I meant the License Agreement you agree to when you download the
> software versus the Usage specified in the Oracle 11g and 12c docs for
> the software. Those appear to be in conflict as far as scope.
Ok that makes more sense.
But still, I'm not sure whether the online docs actually mean anything if they are not referenced by the License Agreement you click and if they are not part of the software package you download.
The GPL has very specific instructions that you must distribute the license with your software. Some software is distributed under multiple conflicting license arrangements to different parties. The author might license one user under a BSD license and another user under a commercial license. As long as they own all the source code, they can do this.
Similarly, Oracle software is distributed to some users under an OTN license and to other users under a particular contract. So the software itself doesn't have a license inherent to it - it's all about the terms under which you acquired the software from Oracle.
I hear what you're saying about broader rights applying in the case of a conflict, I'm just skeptical that when Oracle posts a document to their website - even with "license" in the document name - this makes it legally binding. I guess this is what real lawyers are for...
-Jeremy
-- http://about.me/jeremy_schneider ## Sysadmin and editors. The holy wars of UNIX. - Linus Torvalds on linux-kernel -- http://www.freelists.org/webpage/oracle-l -- http://www.freelists.org/webpage/oracle-l -- http://www.freelists.org/webpage/oracle-lReceived on Thu Jul 21 2016 - 17:31:12 CEST