Thanks Seth. For a company to actually file suit in most jurisdictions the
general counsel or hired counsel is on the hook to have a good faith belief the
suit has merit.
The exact meaning of “on the hook” may vary from jurisdiction to jurisdiction,
but may include fines, court costs, and even disbarment. When and IF a case is
filed by Oracle regarding the Vsphere claims of LMS, it will be front page
news. The evaluation of “good faith belief” may be in the hands of a single
judge, a bar association discipline committee, or a jury, or sometimes some
combinations of those which again may vary by jurisdiction.
Various means mentioned in the thread to preempt any claims of LMS can be more
or less effective. Fear of legal costs, donating unjustified license fees to
Oracle, and fearing to use a cost effective virtual environment platform all
seem like poor corporate strategies to me.
Your mileage may vary. Do not construe my comments as legal advice.
From: oracle-l-bounce@xxxxxxxxxxxxx [mailto:oracle-l-bounce@xxxxxxxxxxxxx] On
Behalf Of Seth Miller
Sent: Thursday, April 27, 2017 12:54 PM
Subject: Re: Oracle database on VM Ware
While the responses to this thread are well meaning, many of them are based on
the premise that Oracle has the luxury of charging its customers based on its
own interpretation of the agreement they have with their customers rather than
the plain language contract agreed to by both parties, solely because Oracle
has lots of resources and might take you to court.
When you sign a deed to a property or a title to a car (both of which are plain
language contracts), is it ok for the seller to come back to you a couple of
years later and demand you pay more money because they decide that the property
or car was worth more than what was agreed to in the contract? Would you just
write a check because the seller is intimidating, has lots of resources, and
threatens to take you to court?
I have an NFS server, install the database binaries on a share, and export it
without mounting restrictions. At this point any server on the network can
mount the share and be contractually required to license that server. Do I now
have to license every server on the network because I might, at some point in
the future, mount that share on that server?
How many times has Oracle taken a customer to court based on a licensing
disagreement for Oracle Database running on Vsphere? I'll give you a hint. It
starts with z, ends with ero and rhymes with zero.
On Thu, Apr 27, 2017 at 8:06 AM, Neil Chandler <neil_chandler@xxxxxxxxxxx>
I would still get LMS to legally sign-off on your config; that document link
states very clearly at the bottom "this document is for educational purposes
I've only used Nutanix on a POC and found it to be very good tech, but very
hyped at the moment. Just like the "Cloud Is Better" sales message.
sent from my phone
On 27 Apr 2017, at 13:56, Mladen Gogala <gogala.mladen@xxxxxxxxx> wrote:
On 04/27/2017 04:58 AM, Neil Chandler wrote:
Yes it does. The Nutanix documentation tells you to get your situation
confirmed with legal and they explicitly (and sensibly) avoid confirming any
That is true, but Nutanix has a deal with Oracle:
The installation ends up being much cheaper, which is the goal.
Tel: (347) 321-1217