Re: Hello some idea to include a contract clause to protect against virtual machines
- From: Paresh Yadav <yparesh@xxxxxxxxx>
- To: Andrew Kerber <andrew.kerber@xxxxxxxxx>
- Date: Mon, 24 Nov 2014 12:32:15 -0500
Tim,
Well said about starting with lawyers. I will just add (or rather clarify
as it seems to be implied by your statement), start with lawyers and then
try to avoid getting lawyers involved once handshake is done, they get paid
by the minutes, reminds me of Charles dickens who got paid by the number of
words or so one of my past lawyer told me, no wonder he is not my current
lawyer!
Thanks
Paresh
416-688-1003
On Mon, Nov 24, 2014 at 12:20 PM, Andrew Kerber <andrew.kerber@xxxxxxxxx>
wrote:
> I agree with Tim in this. Also, I have done quite a bit if Oracle on
> VMware without issue. There is almost surely a configuration or corruption
> problem on the VM causing your problem. If you cannot diagnose it
> yourself, you might track down an expert in that area before involving
> Oracle. I can point you to a firm good in this area if you want to email
> me off list.
>
> Sent from my iPhone
>
> On Nov 24, 2014, at 10:44 AM, Tim Gorman <tim@xxxxxxxxx> wrote:
>
> Paul,
>
> Not sure what recent interpretations you've seen, but to my knowledge the
> issue has been left in a gray area by Oracle, perhaps deliberately?
>
> As a result, VMware is advising their Oracle customers
> <http://www.vmware.com/files/pdf/techpaper/vmw-understanding-oracle-certification-supportlicensing-environments.pdf>
> on how to navigate through that legal gray zone, with the basic idea that
> customers should virtualize but track/audit to prove that they did not
> implement virtualization contrary to the *intent* of Oracle licensing
> policies.
>
> As far as Oracle's well-known threat to "withhold support for
> installations on VMware" (also addressed in the article), we have had
> several discussions about this here on the ORACLE-L list, including an
> informal poll asking if anyone has ever experienced this withholding of
> support. As I recall, nobody could substantiate this ever happening, so it
> might be considered a very slim (to non-existent) possibility.
>
> Hope this helps...
>
> -Tim
>
>
>
> On 11/24/14 9:10, Paul Drake wrote:
>
> I would have thought that recent interpretations of licensing the Oracle
> database server software in a virtualized environment (namely VMware
> vCenter 5.x) would have extinguished this as a possibility.
> On Nov 24, 2014 8:48 AM, "Juan Carlos Reyes Pacheco" <jcdrpllist@xxxxxxxxx>
> wrote:
>
>> Hello, please
>> does anybody includes in the contract something against the use of
>> virtual machines to install Oracle.
>> One of our customer has a virtual machine that degrades the performance,
>> and is necessary to restart the server periodically.
>> They expect we solve something we can't solve, because the problem is in
>> the virtual machine, other customer with the same software doesn't have
>> that problem.
>>
>> I was asking myself if there is a "standard" clause in the contracts
>> for the customer to free from problem related to virtual machines.
>> In example I read there is no support from oracle for vmware machines, if
>> you have a bug you have to demostrate this same bug happens in a physical
>> installation too.
>>
>> Thank you :)
>>
>>
>>
>
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