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  #31  
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Ian Michael Gumby
 
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Default RE: Attention Mark Townsend of Oracle Corp. - 12-30-2007 , 09:20 PM







Quote:
From: dcruncher4 (AT) aim (DOT) com> > In article <477849ED.1080004 (AT) psoug (DOT) org>, DA Morgan says...> > >With respect to the posting it is important to remember we are> >seeing only one side of the issue, that of the person that posted> >it, and it may well be that he has misinterpreted what he was told> >or that there is more to the story.> [SNIP]> In others words, Mark's assurance in this forum is worthless in any> defense.
Mark isn't Oracle Legal and no matter what he says, it has no legal bearingon anything concerning Oracle's licensing policies.

That was a given.

Its also important to point out that licenses will vary country by country due to differences in each country's laws. (There's also international law but lets not get in to this...)

OUT (Oracle Turkey) is trying to bully the guy. Right or wrong, getting in to a legal battle will mean big bucks, regardless of the country.

But hey! That's Oracle for ya.

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  #32  
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Ian Michael Gumby
 
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Default RE: Attention Mark Townsend of Oracle Corp. - 12-31-2007 , 08:59 AM









Quote:
From: dcruncher4 (AT) aim (DOT) com


In article <mailman.170.1199067637.20610.informix-list (AT) iiug (DOT) 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 intentionallyleft
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. (Trustme, 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.






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  #33  
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DA Morgan
 
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Default Re: Attention Mark Townsend of Oracle Corp. - 12-31-2007 , 11:25 AM



dcruncher4 (AT) aim (DOT) com wrote:
Quote:
In article <477849ED.1080004 (AT) psoug (DOT) org>, DA Morgan says...

With respect to the posting it is important to remember we are
seeing only one side of the issue, that of the person that posted
it, and it may well be that he has misinterpreted what he was told
or that there is more to the story.

I think it is as unambiguous as it can be

"But last week, OUT sent me a warning that i can not use Oracle XE for
my educations. They threatened me that if wouldn't stop my educations,
they will bring a suit against my company. "

In others words, Mark's assurance in this forum is worthless in any
defense.
Mark is a VP and his ability to explain the facts of life to OUT is
far from worthless. What he writes here may not help you. What he
emails them directly may so I would suggest you contact him directly
and forward a copy of all communications you have received.

But lets keep the temperature down a bit for several reasons. First
because this is playing out in an Informix usenet group where it is
totally off-topic. Are you aware of comp.databases.oracle.misc? This
would be more appropriate there.

Second: Because so far you have posted, all over the internet, your
interpretation of what OUT sent you. It would be helpful to read the
full and complete text without editing or editorial comment. My
girlfriend was born in Ankara so the fact that the original is in
Turkish is not an issue. Put the doc on the internet and post a link to
it.

Third: Lets keep in mind that you may be misinterpreting what they
wrote. They may be misinterpreting the XE license. And until we hear
something official this is all quite possibly just a misunderstanding.

What I can tell you is that XE is being used all over the planet to
teach Oracle courses with the active encouragement of Oracle management.

So lets be a bit patient, it is after all a holiday week, and see what
comes of this in the next week to ten days.

Might I suggest a glass of Raki until we hear something official? <g>
--
Daniel A. Morgan
Puget Sound Oracle Users Group
www.psoug.org


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  #34  
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DA Morgan
 
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Default Re: Attention Mark Townsend of Oracle Corp. - 12-31-2007 , 11:30 AM



Ian Michael Gumby wrote:

Quote:
OUT (Oracle Turkey) is trying to bully the guy. Right or wrong, getting
in to a legal battle will mean big bucks, regardless of the country.
That's my guess.

Quote:
But hey! That's Oracle for ya.
Or it might just be the actions of a single individual without the
knowledge of management. To paint an entire corporation based on what
you have to work with ... one incomplete side of the story ... is
remarkably premature.

Has the concept of asking questions and obtaining the full story before
jumping to a conclusion been completely lost? I doubt you make decisions
about your databases based on such flimsy information.
--
Daniel A. Morgan
Puget Sound Oracle Users Group
www.psoug.org


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  #35  
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DA Morgan
 
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Default Re: Attention Mark Townsend of Oracle Corp. - 12-31-2007 , 11:40 AM



dcruncher4 (AT) aim (DOT) com wrote:
Quote:
In article <mailman.170.1199067637.20610.informix-list (AT) iiug (DOT) 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.
And you are 100% premature.

So far what you have is a communication from low-level Oracle employee
who might be incorrect in their interpretation. Calm down, contact Mark
directly, and see if you can clear it up.

If you start off with the attitude you are expressing here I can
understand why someone might have asked you to cease and desist.
Consider displaying aptitude rather than attitude.
--
Daniel A. Morgan


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  #36  
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Ian Michael Gumby
 
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Default RE: Attention Mark Townsend of Oracle Corp. - 12-31-2007 , 11:41 AM






Quote:
Date: Mon, 31 Dec 2007 08:25:48 -0800
From: damorgan (AT) psoug (DOT) org
Gee DA Maroon,

Its really neat that a VP from Oracle is actually taking the time to post here.

LOL...

The point that started this discussion is that there is no such thing as a free lunch when it comes to the database market.
(Unless you're talking JavaDB/Derby)

Mark isn't Oracle legal and while there's a lot of noise about their XE EULA, that's all it is , noise.

You get on Oracle's radar and they will do what they want.

Why? Cause you have several competing agreements that mean you have to spend major bucks on a legal team which most people can't afford.
And of course the outcome isn't guaranteed.

So going full circle, no license is going to let you do whatever you want with the product, unless its an Apache license. Their terms are extremely liberal.


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  #37  
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Ian Michael Gumby
 
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Default RE: Attention Mark Townsend of Oracle Corp. - 12-31-2007 , 11:44 AM





So Da Maroon,

Are you saying that OUT doesn't have the authority to handle this situation? Hmmm, I don't think so.
Are you saying that OUT didn't talk to their regional attorneys before sending a cease and desist letter?
I don't think so.

Just goes to show you why you can't trust Oracle. Even when its in writing.

Quote:
Date: Mon, 31 Dec 2007 08:30:38 -0800
From: damorgan (AT) psoug (DOT) org
Subject: Re: Attention Mark Townsend of Oracle Corp.
To: informix-list (AT) iiug (DOT) org

Ian Michael Gumby wrote:

OUT (Oracle Turkey) is trying to bully the guy. Right or wrong, getting
in to a legal battle will mean big bucks, regardless of the country.

That's my guess.

But hey! That's Oracle for ya.

Or it might just be the actions of a single individual without the
knowledge of management. To paint an entire corporation based on what
you have to work with ... one incomplete side of the story ... is
remarkably premature.

Has the concept of asking questions and obtaining the full story before
jumping to a conclusion been completely lost? I doubt you make decisions
about your databases based on such flimsy information.
--
Daniel A. Morgan
Puget Sound Oracle Users Group
www.psoug.org
_______________________________________________
Informix-list mailing list
Informix-list (AT) iiug (DOT) org
http://www.iiug.org/mailman/listinfo/informix-list
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  #38  
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DA Morgan
 
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Default Re: Attention Mark Townsend of Oracle Corp. - 12-31-2007 , 11:45 AM



Ian Michael Gumby wrote:

Quote:
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)


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  #39  
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Ian Michael Gumby
 
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Default RE: Attention Mark Townsend of Oracle Corp. - 12-31-2007 , 01:45 PM






Quote:
Date: Mon, 31 Dec 2007 08:45:14 -0800
From: damorgan (AT) psoug (DOT) org
Subject: Re: Attention Mark Townsend of Oracle Corp.
To: informix-list (AT) iiug (DOT) 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. ;-)



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  #40  
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DA Morgan
 
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Default Re: Attention Mark Townsend of Oracle Corp. - 12-31-2007 , 04:16 PM



Ian Michael Gumby wrote:

Quote:
Gee DA Maroon,
And with that childish schoolyard level of maturity you think you
will get a response?

You did.

I kill filed you on all of my personal email accounts.

You remind me, and likely those employed by IBM, of a quote from
William Penn's Fruits of Solitude:

"Truth often suffers more by the heat of its defenders, than from the
arguments of it opposers."

Good day sir.
--
Daniel A. Morgan
University of Washington
damorgan@x.washington.edu (replace x with u to respond)


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