NDA-like deal (was: Re: FW: News Flash! Informix FREE! on NT!!!!)

I quoted the license text of this deal, and commented: +> user may not disclose benchmark or +> other performance test results without Informix's prior written consent. +I would prefer that this 'NDA-look-a-like' registration be removed. As I +understand it this is not a 'beta-release' to developers motivating a +Non-Disclosure-Agreement. This is production release software, it should be +able to stand up to public criticism and testing. Am I wrong? In article <357e2d2d.10219988@nntp.news.netcom.net>, davek@summitdata.com says... > In my opinion, yes, you are dead wrong in objecting to the above language. > Oracle has done this for years - anyone wishing to publish a benchmark with > Oracle needed express written consent to do so. > I have not read any Oracle license text but it would not surprise me. When did Oracle become the lead for Informix to follow? > On the one hand, this seems > bad, as it prevents anyone with less than favorable numbers from publishing. > Exactly, a rather severe restriction of free speach IMHO. > But in fact, any published benchmark, even a fully sanctioned one, simply > serves as a target for the competition to beat. So sooner or later your > numbers will look bad (see my anecdote at the bottom of this response for an > example of this in action). > So what? Consider: In the light of history most governments will look less than perfect. How would that justify banning criticism of the government today? > Informix still places no prohibition on anyone who has > purchased the s/w from publishing a benchmark (in fact, they SHOULD have > such a prohibition, at least so they have the ability to review the > benchmark and verify that it was performed honestly). > I do not agree. A consumer should have the right to publically criticise any product bought. I understand the advantages for a producer if their customers were not allowed to complain about the products. It would sure mean a lot to the car industry, not to mention the food industry. I sympathize with Informix wish to restrict their competitors from publishing unfair benchmarks. It does not IMHO justify putting a gag on their customers. I am not a lawyer, but I learnt to trigger on broad-sweeping legal statements. What is really interesting here is what we would be allowed to do if we accepted the above agreement? - Could I write to this newsgroup on the form: 'I have this problem that I believe to be bug in Informix, have anyone else suffered from it?' - Could I tell a customer of mine: 'I would not choose Informix for your particular application environment based on the tests I made on my new Informix product yesterday'. - Could I ask here or by mail to a colleuge: 'I am using this configuration of Informix and I am managing to insert 500 rows/second in this table of mine. Do you have any suggestions for speeding it up?' My point here is that the legal statement bans me from 'disclosing benchmark or any performance test'. It is not restricted to publishing benchmarks in some computer magasine test or commercial add. And again, this can be motivated in an NDA scenario with a beta-release, but I see no justification for it regarding production quality software. /Johan -- ________________________________________________________________________ | >>> The opinions herein are mine and not neccessarily my employers <<< | | Johan Andersson, Msc CSE jna@carmenta.se | ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~