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Re: oracle server for learning purposes?

From: HansF <fuzzy.greybeard_at_gmail.com>
Date: Sun, 22 Jul 2007 20:46:28 -0700
Message-ID: <1185162388.407661.174800@n2g2000hse.googlegroups.com>


On Jul 22, 9:14 pm, hjr.pyth..._at_gmail.com wrote:
> On Jul 23, 12:15 pm, HansF <fuzzy.greybe..._at_gmail.com> wrote:
> [...]
>
> > However, I note that the license has a complete section on the
> > rights. That has 3 major parts:
>
> > 1) What you are permitted to do
> > 2) Who owns the Oracle softwarly
> > 3) Confirmation of what you are permitted to do by giving specific
> > exclusions, presumably as examples.
> > Part 1 states "We grant you a nonexclusive, nontransferable limited
> > license to use the programs only for the purpose of developing a
> > single prototype of your application, and not for any other purpose."
> > That "not for any other purpose" is pretty explicit.
>
> Well, as I said earlier and elsewhere, it's only pretty explicit if
> you leave off the next sentence, where they clarify that it is the
> commercial or production use of any application so prototyped that is
> the issue. The inclusion of that second sentence actually seems to be
> contradictory to the first, in fact, because it implicitly allows
> other uses that the first sentence seeks to deny. That's bad drafting
> and leaves the matter of 'explicit prohibition' up in the air.

I disagree. The exact wording is

"If you use the application you develop under this license for any internal data processing or for any commercial or production purposes, or you want to use the programs for any purpose other than as permitted under this agreement, you must contact us, or an Oracle reseller, to obtain the appropriate license. ..."

That second sentence does not stop at commercial or production. I read 'internal' use [no limits on what kind either], 'commercial or production use', or 'any other purpose' [for example, paper weight] 'other than stated' - which was, in the previous sentence, stated as for prototyping' . Pretty inclusive AND pretty explicit, in my mind.

Still, it ain't up to me - IANAL. I'm sure it's a lawyer's dream come true: loose enough to allow for interpretation and mis-interpretation, allowing for both generosity as well as lengthy, scary, court cases if desired.

Leaving the last rebuttal to you. <g>

--
Hans Forbrich   (mailto: Fuzzy.GreyBeard_at_gmail.com)
*** Feel free to correct me when I'm wrong!
*** Top posting [replies] guarantees I won't respond.
Received on Sun Jul 22 2007 - 22:46:28 CDT

Original text of this message

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