Hello,

I was working as a trainer(contractor) for Oracle University Turkey
and for their education partners. One of their partners tried to force
me about a training that OUT(Oracle University Turkey) will not know
anything about the education(with photocopy books).

I did not accept it and informed OUT about this situation. But they
did nothing about their partner and reduced the number of my Oracle
educations. So i gave up working with Oracle and finished our
partnership.

I founded my own education company, with a small class. I agreed with
Sideris courseware to use their Oracle coursewares for my educations.
I asked OUT for an Oracle database education license to use in my
class. But they told me that I could only buy a license per user, ie.
for every student in my class. And i should renew my license for every
education, for every student. This was an unacceptable and unpayable
license of course. So i decided to use Oracle Database Express Edition
for my educations.

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.

Don't i have any chance to organize Oracle database educations
independent from Oracle? I am thinking about bringing a suit against
OUT that they prevent us from the competition.

May you please help me with your experience? Do every education
company have to get permission from Oracle for Oracle educations,
either if the company do not use Oracle coursewares. Isn't there any
chance for competition?

Thanks for your answers and have a nice year.

Bora YURET
HedefBilgi Bilisim Akademisi
Ankara, TURKEY

Comments embedded.
On Dec 29, 4:29*pm, Bora Yuret <borayu... (AT) gmail (DOT) com> wrote:
I'm sorry, no, I can't believe that is the reason they have threated
to file a lawsuit against you. The license agreement for Oracle XE
clearly states the following provision:

c) you may use the programs to provide third party demonstrations and
training

Thus OUT has no leg upon which to stand if your statement is correct;
I expect there is more to this tale than you've volunteered to
divulge.

That depends upon the nature and provisions of your employment
agreement with OUT and Oracle Corporation.

If your prior employer required you to sign a non-competition clause
you have no legal right to sue, as you agreed, in writing, to refrain
from competing in the marketplace for the designated number of years.
I would verify with an attorney such an agreement was not signed, else
OUT is completely within their rights to file suit against you for, I
would surmise, breach of contract. Until you contact a qualified
attorney all of this is speculation on your part and on ours.

Certainly, if, and when, you decide to post the truth about this
situation instead of your skewed viewpoint of it.

No, but you are a special case. As a former employee of Oracle you
have likely agreed to a non-competition arrangement where you cannot,
for a specified period of time, compete in that marketplace.

I'll repeat this again with a slightly different wording:

Not if you worked for Oracle previously and signed a non-competition
clause preventing you from competing in the marketplace for a
specified period of time after your employment terminates. Which you
have.

You've asked this in two different forums now, twice in this forum
under two different subject headings, and you've received the same
responses in both groups.


David Fitzjarrell

Hello Mr. Fitzjarrell,

I have never been an employee of Oracle and never signed a non-
competition
aggreement with Oracle University Turkey.

I was a contractor instructor over my own company. And i have never
signed a non-competition
agreement with my previous employers too.

Yes, this is the case. To use Express Edition for my educations. OUT
claims that i offer
Oracle educations without the permission of OUT. But i don't think
that i need a permission of OUT
to offer Oracle educations.

I sent a mail to the manager of OUT, Gokhan Uguroglu, that i use
Oracle Database XE for my educations.
His answer was that Oracle XE could only be used for education of 3rd
party applications.
He claims that only OUT can offer Oracle educations in Turkey, and no
other company can offer Oracle educations,
either with XE edition.

I sent a warning to Oracle Turkey for this situation, and will go to
the Court for competition rights.
I will share the result with you, here.

It isn't difficult to send a mail to Gokhan
Uguroglu(gokhan.uguroglu (AT) oracle (DOT) com), and ask if they allow
educations in Turkey with Express Edition.

I sent to two different forums because the place to ask is here, but
that group was more crowded to get an answer.
And sent here twice by mistake. Sorry for that.

Thanks for your interest.

Bora YURET

On Dec 31 2007, 6:50 pm, "fitzjarr... (AT) cox (DOT) net" <fitzjarr... (AT) cox (DOT) net>
wrote:

Hello Mr. Fitzjarrell,

I have never been an employee of Oracle and never signed a non-
competition
aggreement with Oracle University Turkey.

I was a contractor instructor over my own company. And i have never
signed a non-competition
agreement with my previous employers too.

Yes, this is the case. To use Express Edition for my educations. OUT
claims that i offer
Oracle educations without the permission of OUT. But i don't think
that i need a permission of OUT
to offer Oracle educations.

I sent a mail to the manager of OUT, Gokhan Uguroglu, that i use
Oracle Database XE for my educations.
His answer was that Oracle XE could only be used for education of 3rd
party applications.
He claims that only OUT can offer Oracle educations in Turkey, and no
other company can offer Oracle educations,
either with XE edition.

I sent a warning to Oracle Turkey for this situation, and will go to
the Court for competition rights.
I will share the result with you, here.

It isn't difficult to send a mail to Gokhan
Uguroglu(gokhan.uguroglu (AT) oracle (DOT) com), and ask if they allow
educations in Turkey with Express Edition.

I sent to two different forums because the place to ask is here, but
that group was more crowded to get an answer.
And sent here twice by mistake. Sorry for that.

Thanks for your interest.

Bora YURET

On Dec 31 2007, 6:50 pm, "fitzjarr... (AT) cox (DOT) net" <fitzjarr... (AT) cox (DOT) net>
wrote:

Hello Mr. Fitzjarrell,

I have never been an employee of Oracle and never signed a non-
competition
aggreement with Oracle University Turkey.

I was a contractor instructor over my own company. And i have never
signed a non-competition
agreement with my previous employers too.

Yes, this is the case. To use Express Edition for my educations. OUT
claims that i offer
Oracle educations without the permission of OUT. But i don't think
that i need a permission of OUT
to offer Oracle educations.

I sent a mail to the manager of OUT, Gokhan Uguroglu, that i use
Oracle Database XE for my educations.
His answer was that Oracle XE could only be used for education of 3rd
party applications.
He claims that only OUT can offer Oracle educations in Turkey, and no
other company can offer Oracle educations,
either with XE edition.

I sent a warning to Oracle Turkey for this situation, and will go to
the Court for competition rights.
I will share the result with you, here.

It isn't difficult to send a mail to Gokhan
Uguroglu(gokhan.uguroglu (AT) oracle (DOT) com), and ask if they allow
educations in Turkey with Express Edition.

I sent to two different forums because the place to ask is here, but
that group was more crowded to get an answer.
And sent here twice by mistake. Sorry for that.

Thanks for your interest.

Bora YURET

On Dec 31 2007, 6:50 pm, "fitzjarr... (AT) cox (DOT) net" <fitzjarr... (AT) cox (DOT) net>
wrote:

Hello Mr. Fitzjarrell,

I have never been an employee of Oracle and never signed a non-
competition
aggreement with Oracle University Turkey.

I was a contractor instructor over my own company. And i have never
signed a non-competition
agreement with my previous employers too.

Yes, this is the case. To use Express Edition for my educations. OUT
claims that i offer
Oracle educations without the permission of OUT. But i don't think
that i need a permission of OUT
to offer Oracle educations.

I sent a mail to the manager of OUT, Gokhan Uguroglu, that i use
Oracle Database XE for my educations.
His answer was that Oracle XE could only be used for education of 3rd
party applications.
He claims that only OUT can offer Oracle educations in Turkey, and no
other company can offer Oracle educations,
either with XE edition.

I sent a warning to Oracle Turkey for this situation, and will go to
the Court for competition rights.
I will share the result with you, here.

It isn't difficult to send a mail to Gokhan
Uguroglu(gokhan.uguroglu (AT) oracle (DOT) com), and ask if they allow
educations in Turkey with Express Edition.

I sent to two different forums because the place to ask is here, but
that group was more crowded to get an answer.
And sent here twice by mistake. Sorry for that.

Thanks for your interest.

Bora YURET

On Dec 31 2007, 6:50 pm, "fitzjarr... (AT) cox (DOT) net" <fitzjarr... (AT) cox (DOT) net>
wrote: