Re: vmware & Oracle

  • From: "Mark Brinsmead" <pythianbrinsmead@xxxxxxxxx>
  • To: neiloverend@xxxxxxxxx
  • Date: Sat, 21 Jul 2007 20:47:30 -0600

Neil,

   You might want to read the fine-print...

   The text you quoted from
http://www.oracle.com/technology/software/index.html is completely correct.
However, the words "Development License" appear as a hyper-link to a
licensing agreement that you might want to read a little more closely.

   It has been a while (probably a couple years at least) since I have read
the OTN license in its entirety, but it has always been my understanding
that OTN development licenses apply only to developing (or testing, or
prototyping) applications that your organization does not use in production.

   That is, my understanding of the OTN license allows (for example) a small
company developing accounting software to operate unlimited databases for
prototyping, developing, or testing said accounting software, but only if
the software is used (in production) exclusively by third parties.  The
moment this hypothetical software company starts "eating its own dogfood"
(using the accounting software they develop to manage their own books), all
of the development/test databases must now be commercially licensed.

   The OTN license also provides "free" database licenses (with no option
for support, by the way -- not such a good idea) for organizations who want
to develop a NEW application, or (perhaps) for organizations who want to
investigate the feasibility of (for example) moving an existing application
running on something like federated SE databases to a consolidated database
using RAC.  Assuming that the "migration" involves a large enough change to
the application and database architecture that you can legitimately call the
RAC-based version a "new" application, then you should be able to safely use
OTN licenses through the design and prototyping phase.  (This is good -- it
allows you to decide whether the move to RAC is feasible before you have to
commit to $5M in new database licenses.)  But the moment that organization
starts actually using the RAC-based version of the application, OTN licenses
can no longer be used for their development or testing environments.

   This is how I understand OTN licenses, anyway.  But hey, I'm not a
lawyer, and I could be completely mistaken.  And like I said before, it's
been at least a year since I've read the whole thing; maybe two or three.

   That said, here is a (tiny) excerpt from the OTN License agreement
hyper-linked from the text you quoted:

================================
LICENSE RIGHTS
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.  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.  We may audit your
use of the programs. Program documentation may be accessed online at
http://www.oracle.com/technology/documentation.
================================

   Hmmm...  re-reading even this excerpt seems to shoot down one of my own
past beliefs.  "... only for the purpose of developing a single prototype
..."  This seems to shoot down the notion of a small company developing
software for third parties.  The initial development of the first version
might still fit this restriction, but as soon as the application moves into
the "maintenance" phase, it is no longer a "prototype"; and as soon as there
is a second release, it is no longer "single".

   I guess this is a good object lesson for myself.  If you want to be
"safe", don't think about licensing in generalities.  Be prepared to re-read
the (entire) license in the context of your specific situation.  Just one or
two words that might be irrelevant in on scenario can be extremely
meaningful in another.

   Sigh --  I wish this licensing stuff was simpler.  On the "plus" side,
however, Oracle's license agreements are at least written in "plain english"
(and other languages!) such that a typical DBA has some hope of
understanding them without having to get a law degree!  I guess I should be
thankful.


On 7/20/07, Neil Overend <neiloverend@xxxxxxxxx> wrote:
>
> >  ...this insinuates you don't see the need to properly license Oracle
> for
> > development purposes. Am I missing something?
> >
>
> You don't need to pay for licences for development systems
>
> http://www.oracle.com/technology/software/index.html
> "All software downloads are free, and each comes with a Development
> License that allows you to use full versions of the products only
> while developing and prototyping your applications."
> --
> //www.freelists.org/webpage/oracle-l
>
>
>


-- 
Cheers,
-- Mark Brinsmead
   Senior DBA,
   The Pythian Group
   http://www.pythian.com/blogs

Other related posts: