That is the problem, the Oracle contract is not written in plain language, such
as pointers to web pages and documents where the document states that Oracle
can modify the document at will in the future and you agree to the modification
without participating in discussing or negotiating the effect of the change on
A lot of the legal stuff really depends on what you are wanting to do or incur
what costs. I had a couple of friends recently go through a variety of lawsuits
and arbitrations and in both cases the amount to pursue the legal path exceeded
the original amount that was under dispute.
From a business perspective it is not always worth fighting. Winning isn’t
always what is cracked up to be.
<http://www.linkedin.com/pub/matthew-parker/6/51b/944/> View Matthew Parker's
profile on LinkedIn
From: oracle-l-bounce@xxxxxxxxxxxxx [mailto:oracle-l-bounce@xxxxxxxxxxxxx] On
Behalf Of Schneider
Sent: Wednesday, May 3, 2017 5:04 AM
To: Seth Miller
Subject: Re: Oracle database on VM Ware
On Thu, Apr 27, 2017 at 4:54 PM, Seth Miller <sethmiller.sm@xxxxxxxxx> wrote:
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?
Well I'm a middle-class white guy from rural Michigan and I won't pay on the
car. I know I could probably leverage the courts & the cops and likely come out
on top of this thug. But my friend on the west side of Chicago - who comes from
an impoverished minority family - of course he's going to pay. What choice
does he have?
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.
That rhyming number doesn't actually matter, does it... unless I'm the white
guy a.k.a. 33 billion company like MARS, Inc with a legal team to match. For
mortals like me, real world economics trump our understanding of whether it
"should" be right or wrong...
P.S. Farnham for President! Justice for Oracle users!