No one knows what your Oracle License and Service Agreement (OLSA) says
except the parties to whom it is bound, However, every OLSA I have seen is
written in plain language as far as the law is concerned. There is nothing
in the contract that says that Oracle can modify the terms of the contract
at will without the consent of all bound parties. I challenge you (for the
sake of every Oracle customer) to find from a publicly available OLSA any
lines that could be considered, *"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 your organization."*
Legal precedent is pretty clear in this case. Oracle has never taken anyone
to court over disputes about licensing Oracle Database on VMware. The only
court case on record is when Mars Inc. filed an action against Oracle on
Oct. 23, 2015. Mars then filed a motion to dismiss on Dec. 16 of the same
year. The case was most likely never even brought before a judge.
The mere threat of a lawsuit regarding licensing Oracle Database on VMware
appears to have put Oracle in a panic. That should offer immense comfort to
customers running Oracle on Vsphere.
On Wed, May 3, 2017 at 2:28 PM, Dimensional DBA <dimensional.dba@xxxxxxxxxxx
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 your organization.
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.
*View Matthew Parker's profile on LinkedIn*
*From:* oracle-l-bounce@xxxxxxxxxxxxx [mailto:oracle-l-bounce@
freelists.org] *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>
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
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!