It depends - Oracle sales does this and tells you it has to be licensed.
I worked for a company that had this exact issue and what it boiled down to
was the following:
"Only servers that have the binaries installed are subject to licensing" -
Per the lawyers from that work.
So, [not being a license expert or a law person], I would believe that as
long as the Oracle binaries are NOT presented to a running server, there is
no licensing implication.
However, if you have installed the binaries AND they are present on a
running server, there's a really good chance your in violation of the
licensing agreement.
http://www.oracle.com/us/corporate/pricing/olsa-ire-v122304-070683.pdf
If you look at all the different licensing options in the above link such
as "Processor" or "Named User" etc, they all refer to "where the Oracle
programs are installed and/or running". The lawyers found in our case that
we owned the data, while Oracle owns the binaries/software. So we were
free to replicate our data to an offsite DR machine as much as we wanted
and then we could present the software up to 10 days a year for DR
testing. Then remove the software after those tests.
Chris
On Mon, Nov 12, 2018 at 4:01 PM Hubler, Daniel <daniel.hubler@xxxxxxxxxx>
wrote:
We started work on a 2nd data center 2 years ago, and the equipment to
make it functional is starting to come together.
One of the things that is happening is using Hitachi storage and
replicating everything in the primary data center
to the secondary.
So we end up with a bunch of storage frames at the 2nd location
containing exact copies of the disk at our primary location.
The folks who manage our contracts are telling us that Oracle corp. is
being a pain,
and demanding compensation for these replicated copies of their software,
which basically sit idle.
Personally, I can see how Oracle would want a piece of this, because we do
derive benefit from it.
The contract folks are suggesting that ONLY Oracle corp. is behaving this
way.
None of our other vendors.
Does this jive with other people’s experience?
Thanks for your input.
