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@xxxxxxxxx <mailto:gogala.mladen@xxxxxxxxx>> 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@xxxxxxxxxxx <mailto:Dimensional.dba@xxxxxxxxxxx>*
*View Matthew Parker's profile on LinkedIn*
<http://www.linkedin.com/pub/matthew-parker/6/51b/944/>
*From:*Malden Gogala [mailto:gogala.mladen@xxxxxxxxx]
*Sent:* Wednesday, February 10, 2016 5:45 AM
*To:* Dimensional DBA
*Cc:* oracle-l@xxxxxxxxxxxxx <mailto:oracle-l@xxxxxxxxxxxxx>
*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@xxxxxxxxxxx
<mailto:dimensional.dba@xxxxxxxxxxx>> 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@xxxxxxxxxxx
<mailto:Dimensional.dba@xxxxxxxxxxx>*
*View Matthew Parker's profile on LinkedIn*
<http://www.linkedin.com/pub/matthew-parker/6/51b/944/>
*From:*oracle-l-bounce@xxxxxxxxxxxxx
<mailto:oracle-l-bounce@xxxxxxxxxxxxx>
[mailto:oracle-l-bounce@xxxxxxxxxxxxx] *On Behalf Of *Mladen
Gogala
*Sent:* Wednesday, February 10, 2016 5:02 AM
*To:* oracle-l@xxxxxxxxxxxxx <mailto:oracle-l@xxxxxxxxxxxxx>
*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@xxxxxxxxx]
Where I have seen it fall down is that management doesn't
always involve and/or communicate what is licensed
effectively to staff.
**
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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
