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DeWitt Clause, or can you benchmark %database% and get away with it

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Re: DeWitt Clause, or can you benchmark %database% and get away with it

#3

Has either the Dewitt clause or the Dewitt Embrace ever resulted in some kind of legal action? It seems like more of a threat stance to various partners and ecosystem players than anything else.

I think someone from Oracle would be more informed on that matter. JK. On a more serious note, who would dare to displease a multibillion corp with hundreds of lawyers (without being backed by a similar co & lawyers)?

Re: DeWitt Clause, or can you benchmark %database% and get away with it

#4

Has either the Dewitt clause or the Dewitt Embrace ever resulted in some kind of legal action? It seems like more of a threat stance to various partners and ecosystem players than anything else.

I think someone from Oracle would be more informed on that matter. JK. On a more serious note, who would dare to displease a multibillion corp with hundreds of lawyers (without being backed by a similar co & lawyers)?

Could you pirate the database, then hide behind the fifth amendment to not reveal that you're a pirate while simultaneously asserting that you never agreed to any EULA? I'm not sure what the legal rights are here.

I'm certain someone in say, China or Russia, could pirate the database and run benchmarks on it with no repercussions. Surprising that this isn't a business model for an overseas technology analyst firm.

Re: DeWitt Clause, or can you benchmark %database% and get away with it

#5

Has either the Dewitt clause or the Dewitt Embrace ever resulted in some kind of legal action? It seems like more of a threat stance to various partners and ecosystem players than anything else.

It does result in cease and desist threats quite often. We have been on the receiving end of one.

Re: DeWitt Clause, or can you benchmark %database% and get away with it

#6
post #4

Earlier quoted context omitted.

I think someone from Oracle would be more informed on that matter. JK. On a more serious note, who would dare to displease a multibillion corp with hundreds of lawyers (without being backed by a similar co & lawyers)?

Could you pirate the database, then hide behind the fifth amendment to not reveal that you're a pirate while simultaneously asserting that you never agreed to any EULA? I'm not sure what the legal rights are here. I'm certain someone in say, China or Russia, could pirate the database and run benchmarks on it with no repercussions. Surprising that this isn't a business model for an overseas technology analyst firm.

> Surprising that this isn't a business model for an overseas technology analyst firm.

How much are you willing to pay for a legally dubious benchmark?

Re: DeWitt Clause, or can you benchmark %database% and get away with it

#7
If you want to benchmark for internal reasons you don't publish the results and nobody knows. If you want to make a service to the community, run your benchmarks, download Tor and publish the results anonymously. I don't see what the big deal is?

Is this only limited to marketing claims where you post it on your company's website?

Re: DeWitt Clause, or can you benchmark %database% and get away with it

#10
post #7

If you want to benchmark for internal reasons you don't publish the results and nobody knows. If you want to make a service to the community, run your benchmarks, download Tor and publish the results anonymously. I don't see what the big deal is? Is this only limited to marketing claims where you post it on your company's website?

Its mainly related to MSSQL and Horracle. Horracle will just use their legal team (which is bigger than their engineers and developers) to bludgeon you over benchmarks.
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