Re: Accidental Use of Oracle Active Data Guard
Date: Wed, 10 Feb 2016 15:35:56 -0500
Message-ID: <56BB9F2C.6040505_at_gmail.com>
This is my personal opinion. I am not using my Commvault email address, and everything I write on this group is my personal opinion and has nothing to do with my employer. Commvault doesn't deal with the client Oracle licenses.
As I have said, I have seen the cases when people got away with it., when I was a DBA.
On 2/10/2016 2:51 PM, Seth Miller wrote:
> Wow. It's pretty amazing that you would post something like this in a
> public forum and continue to defend it.
>
> Does Commvault actually tell its customers that this is an acceptable
> form of use or is this just your personal opinion?
>
>
> Seth Miller
>
> On Wed, Feb 10, 2016 at 1:32 PM, Mladen Gogala
> <gogala.mladen_at_gmail.com <mailto:gogala.mladen_at_gmail.com>> wrote:
>
> The question is about the 30 days. Here is the excerpt:
>
> http://www.oracle.com/us/corporate/pricing/olsa-gr-v020703-070544.pdf
>
> /Trial Programs You may order trial programs, or Oracle may
> include additional programs with your order which you may use for
> trial, nonproduction purposes only. You have 30 days from the
> delivery date to evaluate these programs. If you decide to use any
> of these programs after the 30 day trial period, you must obtain a
> license for each program from Oracle. If you decide not to obtain
> a license for any program after the 30 day trial period, you will
> cease using and will delete the applicable programs from your
> computer systems. Programs licensed for trial purposes are
> provided “as is” and Oracle does not provide technical support or
> offer any warranties for these programs. /
>
> Essentially, I am in compliance with the license, as long as my DB
> is less than 30 days old. Technically, if I drop the database and
> create a new copy, I am starting a new 30 days trial. You will
> have to prove that this is not so. As you yourself have said, you
> shouldn't be complying with everything that auditors ask for. I
> have seen people getting away with the trials. And, for the
> record, license audits did not create too many friends to Oracle
> Corp.
> Personally, I advise everybody to take a look at DB2 for Linux.
> Excellent database, 3 times cheaper than Oracle and works just as
> well for majority of purposes. One of the ways of coping with
> exorbitantly expensive Oracle licenses is not using them, whenever
> possible. That might even motivate Oracle Corp. to reconsider
> their licensing policy.
>
>
> On 2/10/2016 1:28 PM, Dimensional DBA wrote:
>>
>> Sorry, I had to get on the road for a bit. I asked you to read
>> the licensing agreements, so let me help you here
>>
>> http://www.oracle.com/us/corporate/pricing/databaselicensing-070584.pdf
>>
>> http://www.oracle.com/technetwork/licenses/standard-license-152015.html
>>
>> “Subject to the full terms of the OTN License Agreement, this
>> limited license allows the user to develop applications using the
>> licensed products as long as such applications have not been used
>> for any data processing, business, commercial, or production
>> purposes.”
>>
>> I am not a lawyer and I did not stay at a Holiday Inn Express
>> last night J, but I can read plain English and I have negotiated
>> enough contracts over the last 23 years with multiple Chief Legal
>> Counsels to understand that copying a database from prod to
>> development by any means so that you can continue development on
>> that app that is being used in prod is a license violation by
>> that sentence above.
>>
>> Then you have the next statement in the licensing agreement
>>
>> “Test Environment: All programs used in a test environment must
>> be licensed under an OMA, OLSA, or other appropriate Oracle (or
>> Oracle authorized reseller) license agreement”.
>>
>> You can claim that you are only doing development on something
>> but if you do not have a test and dev environment separate then
>> the licensing folks will consider it to be test also and it would
>> be a license violation if the app hadn’t made it to production
>> yet. Also you must be very careful here relative that no portion
>> of the app (think reusable libraries) is being used in your
>> production environments or your app from a services perspective
>> is not touching other apps that are in production use. Just for
>> the sake of lawyers think in terms of are you using the a single
>> DNS/AD server for prod and development that under a total
>> application perspective could be considered the app is in prod.
>>
>> Then there are support agreements and your base license MSA and
>> their licensing sentences that we will skip for now.
>>
>> I have seen too much in this space. This is why when I worked at
>> Amazon and a variety of other customers that before we downloaded
>> Oracle software to test with to see how it worked and if we
>> wanted to buy it, we would go through legal counsel to negotiate
>> a contract with Oracle on the use of their software for a
>> specific limited period of time without charge because in most
>> cases besides using canned benchmarks we wanted to actually
>> develop/test with the real production applications to test the
>> features. Once you are a customer of Oracle or really any
>> software vendor there are many places for you to trip over
>> licensing issues and in most cases that trip is because of us
>> technical people doing something we shouldn’t.
>>
>> *Matthew Parker*
>>
>> *Chief Technologist*
>>
>> *Dimensional DBA*
>>
>> *425-891-7934 (cell)*
>>
>> *D&B *047931344**
>>
>> *CAGE *7J5S7**
>>
>> *Dimensional.dba_at_comcast.net <mailto:Dimensional.dba_at_comcast.net>*
>>
>> *View Matthew Parker's profile on LinkedIn*
>> <http://www.linkedin.com/pub/matthew-parker/6/51b/944/>
>>
>> *From:*Malden Gogala [mailto:gogala.mladen_at_gmail.com]
>> *Sent:* Wednesday, February 10, 2016 5:45 AM
>> *To:* Dimensional DBA
>> *Cc:* oracle-l_at_freelists.org <mailto:oracle-l_at_freelists.org>
>> *Subject:* Re: Accidental Use of Oracle Active Data Guard
>>
>> Is anything I said inaccurate?
>>
>> Sent from my iPhone
>>
>>
>> On Feb 10, 2016, at 8:35 AM, Dimensional DBA
>> <dimensional.dba_at_comcast.net
>> <mailto:dimensional.dba_at_comcast.net>> wrote:
>>
>> It is recommendations like this, trying to skirt Oracle
>> licensing that will cause a license audit for a company and
>> makes it harder for companies who make simple mistakes versus
>> willful mistakes to deal with Oracle LMS.
>>
>> You really should read the Oracle licensing document for
>> software downloads from OTN/Oracle.com <http://oracle.com>
>> and read the oracle licensing documents relative to customers
>> who own licenses versus simply being the single developer in
>> the wild downloading software to learn or do development on
>> while not owning any licenses.
>>
>> Your activities as an individual in a company and using any
>> company equipment for these activities puts the company at
>> risk and makes life worse for us in the Oracle Community.
>>
>> *Matthew Parker*
>>
>> *Chief Technologist*
>>
>> *Dimensional DBA*
>>
>> *425-891-7934 (cell)*
>>
>> *D&B *047931344
>>
>> *CAGE *7J5S7
>>
>> *Dimensional.dba_at_comcast.net
>> <mailto:Dimensional.dba_at_comcast.net>*
>>
>> *View Matthew Parker's profile on LinkedIn*
>> <http://www.linkedin.com/pub/matthew-parker/6/51b/944/>
>>
>> *From:*oracle-l-bounce_at_freelists.org
>> <mailto:oracle-l-bounce_at_freelists.org>
>> [mailto:oracle-l-bounce_at_freelists.org] *On Behalf Of *Mladen
>> Gogala
>> *Sent:* Wednesday, February 10, 2016 5:02 AM
>> *To:* oracle-l_at_freelists.org <mailto:oracle-l_at_freelists.org>
>> *Subject:* Re: Accidental Use of Oracle Active Data Guard
>>
>> On 02/10/2016 07:42 AM, John Hallas wrote:
>>
>> How true that is.
>>
>> It is often very difficult to work out what we have got
>> and who controls the licenses.
>>
>> The best site as regards license management (and many
>> other things) I worked at had a very simple rule – if a
>> server was not listed on a central spreadsheet which was
>> managed by Purchasing then you could not install any
>> Oracle software on there.
>>
>> It did not matter how much anybody shouted or how
>> important the project was – that was the rule.
>>
>> John
>>
>> www.jhdba.wordpress.com <http://www.jhdba.wordpress.com>
>>
>> *From:*kathy duret [mailto:katpopins21_at_yahoo.com]
>>
>>
>>
>> Where I have seen it fall down is that management doesn't
>> always involve and/or communicate what is licensed
>> effectively to staff.
>>
>> **
>>
>>
>> ______________________________________________________________________
>> Wm Morrison Supermarkets Plc is registered in England
>> with number 358949. The registered office of the company
>> is situated at Gain Lane, Bradford, West Yorkshire BD3
>> 7DL. This email and any attachments are intended for the
>> addressee(s) only and may be confidential.
>>
>> If you are not the intended recipient, please inform the
>> sender by replying to the email that you have received in
>> error and then destroy the email.
>> If you are not the intended recipient, you must not use,
>> disclose, copy or rely on the email or its attachments in
>> any way.
>>
>> This email does not constitute a contract in writing for
>> the purposes of the Law of Property (Miscellaneous
>> Provisions) Act 1989.
>>
>> Our Standard Terms and Conditions of Purchase, as may be
>> amended from time to time, apply to any contract that we
>> enter into. The current version of our Standard Terms and
>> Conditions of Purchase is available at:
>> http://www.morrisons.co.uk/gscop
>>
>> Although we have taken steps to ensure the email and its
>> attachments are virus-free, we cannot guarantee this or
>> accept any responsibility,
>> and it is the responsibility of recipients to carry out
>> their own virus checks.
>> ______________________________________________________________________
>>
>>
>> Another good trick to remember is that you have the right to
>> use database 30 days for free, as a trial license.
>> Consequently, if you keep re-creating your development
>> database every 30 days, using some form of "duplicate
>> database", you don't have to pay for the license. That is
>> where SAN snapshot technology pays off.
>>
>>
>>
>> --
>>
>> Mladen Gogala
>>
>> Oracle DBA
>>
>> http://mgogala.freehostia.com
>>
>
>
-- http://www.freelists.org/webpage/oracle-lReceived on Wed Feb 10 2016 - 21:35:56 CET