zlacker

>>pavel_+(OP)
How can database vendors make benchmarking illegal? Saying "we don’t allow benchmarking" in their EULA don’t make it illegal if the clause is abusive. Maybe it can work in some juridictions but I don’t think it is enforceable worldwide.

>>titani+68
I'm not a lawyer so I don't really have any clue :). But I suspect the defense would be that it's an agreement between two parties: you want to use their shit you agree to use it by their terms. The debate around these things has always been more or less centered on what it meant to agree, i.e. did I agree when I opened the shrinkwrap on a box? But with Oracle licenses there is not much doubt about what it means to agree, there being reams of paper evidence that you agreed, and large checks written to make that agreement concrete.

>>markbn+da
I suppose you could also go at it from the angle that it's an anti-competitive practice and no license should be able to restrict you from publishing truthful benchmarks.

>>Asooka+Ma
You could knowingly publish incorrect, fictional, or fabricated results. When they sue, you won’t have violated any license. But at least oracle will look terrible.

>>drb91+kc
Then they'll just sue for libel instead