For discussion...
Question: Are these license restrictions on right to disclose benchmarks enforceable?
Question: If they are enforceable, do licensors ever try to enforce them? If not, why?
A little background here: https://danluu.com/anon-benchmark/
For example, this has been posted to HN at least twice recently:
https://clemenswinter.com/2018/07/09/how-to-analyze-billions...
Question: Was the author subject to any restrictions on publication? If yes, did the author seek "permission" from the licensor to publish these findings?
Excerpts from some of the licenses:
2.2. 32 Bit Kdb+ Software Use Restrictions
(c) 32 Bit Kdb+ Software Evaluations. User shall not distribute or otherwise make available to any third party any report regarding the performance of the 32 Bit Kdb+ Software, 32 Bit Kdb+ Software benchmarks or any information from such a report unless User receives the express prior written consent of Kx to disseminate such report or information.
kdb+ on demand - Personal Edition [64-bit]
1.3 Kdb+ On Demand Software Performance. End User shall not distribute or otherwise make available to any third party any report regarding the performance of the Kdb+ On Demand Software, Kdb+ On Demand Software benchmarks or any information from such a report unless End User receives the express, prior written consent of Kx to disseminate such report or information.
This Kdb+ Software Academic Use License Agreement ("Agreement") is made between Kx Systems, Inc. ("Kx") and you, the University, or employee of the University ("End User") with respect to Kx's 64 bit Kdb+ Software and any related documentation that is made available to you in (jointly, the "Kdb+ Software"). You agree to use the Kdb+ Software under the terms and conditions set forth below. This Agreement is effective upon you clicking the "I agree" button below.
1. LISCENSE GRANTS [sic]
1.4 Kdb+ Software Evaluations. End User shall not distribute or otherwise make available to any third party any report regarding the performance of the Kdb+ Software, Kdb+ Software benchmarks or any information from such a report unless End User receives the express, prior written consent of Kx to disseminate such report or information.
Kdb+ software end-user agreement:
By accessing the Kdb+ Software via the Google platform, you are agreeing to be bound by these terms and conditions (which may be updated from time to time) and to the extent you are acting on behalf of a permitted organization that you have authority to act on their behalf and bind them to these terms and conditions.
You may not access the Kdb+ Software if you are a direct competitor of Kx.
4. Benchmark Test Results. User agrees not to disclose benchmark, test or performance information regarding the Kdb+ Software to any third party except as explicitly authorized by Kx in writing.