RE: Attention Mark Townsend of Oracle Corp.
> From: dcruncher4@aim.com > > In article <mailman.170.1199067637.20610.informix-list@iiug.org>, Ian Michael > Gumby says... > > >Mark isn't Oracle Legal and no matter what he says, it has no legal bearing > > on anything concerning Oracle's licensing policies. > >That was a given. > > I know and that's why I revived this thread. IMO Oracle has intentionally left > the wordings of XE EULA ambiguous, so that they can screw the customer > whenever they please, as it happened to our friend from Turkey. > > Madison was 100% right in his interpretation of XE EULA. No, not exactly. The law isn't as simple as that. First, many companies (Oracle and IBM included) put language in to their "contracts/shrink wrap/ warranties / employment agreement" that if they ever saw the light of day within a court of law they would be tossed out. (Trust me, I signed one with IBM... ;-) Second, there's an issue of "Order of Precedence" of the contracts. As Madison points out, there's the underlying OTN blanket agreement and then the XE EULA. The OTN agreement takes precedence unless there is language within the OTN that allows for further modifications. (I'll admit I did a first blush read and fell asleep.) I don't believe the OTN does not allow for the XE EULA. The point is that Oracle wants you to adopt their product and when you put it into production, you will get nailed. They all do. Oracle is no more evil than IBM. _________________________________________________________________ The best games are on Xbox 360. Click here for a special offer on an Xbox 360 Console. http://www.xbox.com/en-US/hardware/wheretobuy/
Ian Michael Gumby wrote: > Oracle is no more evil than IBM. Amazingly enough we may have finally found a single point of agreement. But given that Oracle is a US corporation operating under the laws in multiple jurisdictions your legal assessment is incorrect at least as it would apply in the US. The statements of a corporate officer may not change the wording of a contract. But they can be used to render it unenforceable. So far no one has seen the actual communication sent to the OP. So far no one has heard an official response from Oracle. It is New Year's Eve. Give it a break for a week and lets see what happens. -- Daniel A. Morgan University of Washington damorgan@x.washington.edu (replace x with u to respond)
> Date: Mon, 31 Dec 2007 08:45:14 -0800 > From: damorgan@psoug.org > Subject: Re: Attention Mark Townsend of Oracle Corp. > To: informix-list@iiug.org > > Ian Michael Gumby wrote: > > > Oracle is no more evil than IBM. > > Amazingly enough we may have finally found a single point of agreement. Yes, but that doesn't change the fact that Oracle as a database is still a piece of crap when compared to Informix. ;-) _________________________________________________________________ Share life as it happens with the new Windows Live. http://www.windowslive.com/share.html?ocid=TXT_TAGHM_Wave2_sharelife_122007