Re: Is an Oracle license required for a development environment?

  • From: "Paul Vallee" <paulvallee@xxxxxxxxx>
  • To: pythianbrinsmead@xxxxxxxxx
  • Date: Wed, 3 May 2006 08:33:16 -0400

If I can chime in, in my experience, what you need is not a lawyer, and
certainly not an Oracle sales person to help you with this.

What you need is Miro Consulting. I've had a working relationship with Scott
Rosenberg, the founder & president, since 1999 when he was the lead Oracle
license sales guy for Cintra, which was the leading independent reseller of
Oracle licenses. What this means is that at the moment he founded Miro, he
knew all the tricks. All the monthends & related negotiating leverage, all
the flexibility Oracle had on pricing, the licenses and terms inside out,
all the upsells, which were of little value, etc.

He's gone on to found a consulting company that specializes in reducing his
clients "Total Cost of Ownership" for Oracle. I've sent about half a dozen
customers of Pythian's his way, and he's either saved them a bunch of money
or simply not taken them on as customers when the deal they already had was
as sweet as they got. That means it's a no-lose proposition to get them to
review your licensing.

You can find out more about them at http://www.miroconsulting.com.

Pythian does not get a dime either way, so rest assured I have no financial
stake in recommending this company. :-)

Hope this helps,
Paul
--
Paul Vallee
President, The Pythian Group, Inc.
http://www.pythian.com
I blog at http://www.pythian.com/blogs/


On 5/3/06, Mark Brinsmead <pythianbrinsmead@xxxxxxxxx> wrote:

Giovanni has more or less "hit the nail on the head".

I have always interpreted this license to mean that one (as an indepenent
consultant) can use the development (OTN) license to develop software that
will be used by customers, but a corporation developing applications for
(eventual) use in-house would require commercial licenses.  It *might* be
legal for a corporation doing in-house development to use OTN licenses for
the version 0.0 prototype, but (as I read the license) a commercial
license would have to be obtained prior to "deployment".

Basically, the bottom line is -- as Mladen has suggested -- that
everything must be licensed.  The major exceptions being the various
products that Oracle now gives away free, and "cold-standy" (or
"recovery-test" or "disaster-recovery") database servers where you are
allowed to install the software without licensing it, with the restriction
that you may run the software for no more than 10 days per calendar year
without purchasing a license.  (Note: that is actually "10
days-or-parts-thereof".  Anyone who has ever rented a car should know that
this is not even remotely similar to 240 hours!)

Please note:  I am not a lawyer.  And I am not your lawyer.  Heck, I have
not even actually read the standard OLSA license in several months, and I
may or may not be accurately remembering the details or correctly
interpreting the language.  Even in the highly unlikey event that I *am*, I
probably have not seen the actual contract that applies to you.  Do not
base any decisions on anything I have said here or anywhere else.  Go hire
a qualified lawyer.  Do it NOW!!!!  Save yourself!  Run!  ;-)



On 5/2/06, Giovanni Cuccu <giovanni.cuccu@xxxxxxxxx> wrote:
>
> Hi,
>    here is a ctrl-C of the development licence:
> Oracle Technology Network Development License Agreement
> ....
> ...
> 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.
> ....
> ....
>
> I understand that when I start developing an application I can
> download and use the Oracle Software. It's not clear what happens to
> my development DB when my application goes live (provided that the
> customers are buying their licences), can the version 1.0 be
> considered as a prototype for the next version?
> Mah,
>      Giovanni
>
> On 5/2/06, Nigel Bishop < Nigel.Bishop@xxxxxxxx> wrote:
> >
> >
> >
> > Thanks
> >
> >
> >
> > Nigel
> >
> >
> >
>
> --------------------------------------------------------------------
> Another free oracle resource profiler
> http://sourceforge.net/projects/oraresprof/
> Now version 0.9
> --
> //www.freelists.org/webpage/oracle-l
>
>
>


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




-- -- Paul Vallee President, The Pythian Group, Inc. http://www.pythian.com

Other related posts: