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Re: Oracle on Windows Server Vs Xp-Pro

From: Howard J. Rogers <>
Date: Thu, 23 Dec 2004 22:23:36 +1100
Message-ID: <41caaaba$0$1082$>

Frank van Bortel wrote:
> Howard J. Rogers wrote:
> [snip!]
> > [...] computers or other electronic devices (each
> a "Device") [...]

>>       [...]    Except [some MS products], you may not use the Product
>>       to permit any Device to use, access, display or run other
>>       executable software residing on the Workstation Computer,
>>       nor [more ...], unless
>>       the Device has a separate license for the Product.
>> Now, I'm no lawyer, but that certainly reads as though allowing 
>> *anyone at all* to connect from a remote PC to an XP Pro Workstation 
>> for the purposes of accessing an Oracle database is outside the scope 
>> of licensed activity!! A connection to an Oracle database certainly 
>> sounds to me like it would count as a "Device using, accessing, 
>> displaying or running other executable software residing on your 
>> Workstation".

> That would not even allow me to use the 6 USB connections, and
> 4 Firewire, and then connect a (non-USB) keyboard...

Frank -that's what was asked about the barcode scanner, I think. Those are 'peripherals', not 'Devices'. Devices are defined in the EULA I originally quoted as something which makes use of file and print sharing services, IIS and Remote Access. Your keyboard, USB tea cosy and Firewire-powered undergarment warmer would not count!! (Though a Firewire-powered undergarment is probably illegal for other reasons).

> Surely that would not hold in any court. MS wish they could,
> surely, but it sounds to me like "illegally restrictive".
> But then, I'm not a lawyer, either :)

If indeed it had the meaning you surmise, then it would obviously be a complete no-no. But is it likely Microsoft would go to the trouble of drafting such an indefensible license agreement? (Rhetorical question!!). On the other hand, if we distinguish between peripherals which are necessary to the function of the device, or which enhance the function of the device; and other *devices* themselves seeking to attach to the device for some mere application purpose, then it's not that restrictive.

You have to go also, I think, by 'industry practice' -and it's well known in the industry, generally, that Workstations aren't servers, but that they have a plethora of Firewire and USB ports for a reason.

I was afraid this would happen... I declare the end of my participation in the thread, but I can't resist a bit of Carlill v The Carbolic Smoke Ball Company legal banter....

It'll be Donaghue and Stevenson with the snail in the ginger beer bottle next...

> Merry XMas, and a happy 2005!
> Frank van Bortel

You too.
HJR Received on Thu Dec 23 2004 - 05:23:36 CST

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