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
Yeah I don't know, you'd need a lawyer to weigh in on that. Contract law and all the stuff around mutual agreements and consideration (the monetary kind) is pretty fundamental. You can always walk away and use a different database. If they put a set of x conditions on a doc and you sign it and hand over a huge check I'd guess a condition would have to be actually illegal for a court to invalidate just that part of the agreement.