Re: Benchmark

On Fri, Feb 11, 2005 at 02:22:39 -0500,
Jaime Casanova <systemguards(at)gmail(dot)com> wrote:
> What about the free speech rigths, in USA they are in the constitution
> and cannot be denied or revoked, IANAL.

You can voluntarily give up your rights to free speech in the US.

> And like stated by Mitch just numbers are not lies that can be pursued
> in a court of law.

I think part of the reason they don't want people doing this, is because
if you don't configure their database well, you can make it look bad
when it shouldn't.

> Think anout it, In USA you can speak and publish about the President
> but cannot say anything about M$ or Oracles' DBMS?

Not if you signed a contract that says you can't.

If you didn't actually sign an agreement saying you wouldn't publish
benchmarks, then you might have a case. You might argue that a click
through eula isn't a valid contract or that you are a third party
who isn't bound by whatever agreement the person who installed Oracle
made. However it probably would cost you a bundle to have a chance
at winning.