Re: About bringing a suit against Oracle University Turkey...

From: <>
Date: Mon, 31 Dec 2007 08:50:59 -0800 (PST)
Message-ID: <>

Comments embedded.
On Dec 29, 4:29 pm, Bora Yuret <> wrote:
> Hello,
> I was working as a trainer(contractor) for Oracle University Turkey
> and for their education partners. One of their partners tried to force
> me about a training that OUT(Oracle University Turkey) will not know
> anything about the education(with photocopy books).
>  I did not accept it and informed OUT about this situation. But they
> did nothing about their partner and reduced the number of my Oracle
> educations. So i gave up working with Oracle and finished our
> partnership.
> I founded my own education company, with a small class. I agreed with
> Sideris courseware to use their Oracle coursewares for my educations.
> I asked OUT for an Oracle database education license to use in my
> class. But they told me that I could only buy a license per user, ie.
> for every student in my class. And i should renew my license for every
> education, for every student. This was an unacceptable and unpayable
> license of course. So i decided to use Oracle Database Express Edition
> for my educations.
> But last week, OUT sent me a warning that i can not use Oracle XE for
> my educations. They threatened me that if wouldn't stop my educations,
> they will bring a suit against my company.

I'm sorry, no, I can't believe that is the reason they have threated to file a lawsuit against you. The license agreement for Oracle XE clearly states the following provision:

c) you may use the programs to provide third party demonstrations and training

Thus OUT has no leg upon which to stand if your statement is correct; I expect there is more to this tale than you've volunteered to divulge.

> Don't i have any chance to organize Oracle database educations
> independent from Oracle?

That depends upon the nature and provisions of your employment agreement with OUT and Oracle Corporation.

> I am thinking about bringing a suit against
> OUT that they prevent us from the competition.

If your prior employer required you to sign a non-competition clause you have no legal right to sue, as you agreed, in writing, to refrain from competing in the marketplace for the designated number of years. I would verify with an attorney such an agreement was not signed, else OUT is completely within their rights to file suit against you for, I would surmise, breach of contract. Until you contact a qualified attorney all of this is speculation on your part and on ours.

> May you please help me with your experience?

Certainly, if, and when, you decide to post the truth about this situation instead of your skewed viewpoint of it.

> Do every education
> company have to get permission from Oracle  for Oracle educations,
> either if the company do not use Oracle coursewares.

No, but you are a special case. As a former employee of Oracle you have likely agreed to a non-competition arrangement where you cannot, for a specified period of time, compete in that marketplace.

> Isn't there any
> chance for competition?

I'll repeat this again with a slightly different wording:

Not if you worked for Oracle previously and signed a non-competition clause preventing you from competing in the marketplace for a specified period of time after your employment terminates. Which you have.

You've asked this in two different forums now, twice in this forum under two different subject headings, and you've received the same responses in both groups.

> Thanks for your answers and have a nice year.
> Bora YURET
> HedefBilgi Bilisim Akademisi
> Ankara, TURKEY

David Fitzjarrell Received on Mon Dec 31 2007 - 10:50:59 CST

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