Why we fixed Oracle database licensing: #2

Oracle White Papers

Oracle invents licensing white-papers on the fly, and has done so for many decades. Ever since, Oracle LMS, GLAS and Sales organizations insinuate that they reflect the truth and nothing but the truth….including how licensing on VMware works. Examples of such white papers are:

• Licensing Data Recovery Environments
• Database Licensing
• Oracle Partitioning Policy
• Licensing Oracle Software in the Cloud Environment
• Oracle Forms 6i and Reports 6i Licensing

In contrary to Microsoft and many others, Oracle failed to create a licensing vehicle (like a 3yr Master Agreement that requires renewal) to incorporate licensing change that apply to an entire company and pre-existing licenses. It's an issue I've already highlighted 10 years ago in Computerweekly.com after hosting a main session at VMworld. 10 years later, Oracle is still caught up in its own underwear. Let's agree that this is Oracle's problem and not the client's problem? If you are not convinced, pay close attention.

Without exception, all white papers contain footnotes denouncing the validity of the very document itself:

This document is for educational purposes only and provides guidelines regarding Oracle's policies in effect as of February 14, 2022. It may not be incorporated into any contract and does not constitute a contract or a commitment to any specific terms. Policies and this document are subject to change without notice. This document may not be reproduced in any manner without the express written permission of Oracle Corporation.

And so, clients should ignore any discussion or reference to such document and insist it should only be presented by Oracle if it carries an authorized signature from the client. And that without it, the definitions from the signed agreement apply. It's that simple.

To put a stake in the ground, the Dutch central government addressed this issue for all governmental organizations here (use Google Translate for your convenience). It has clarified that all of the above white papers are non-binding, and that assertions from Oracle’s employees are confusing ..... and incorrect. But, the rabbit hole goes deeper. The government clarified that Oracle’s contracts are construed with US laws in mind and may contain texts that conflict with applicable Dutch (and therefore European) laws! With that in mind, in 2019, we addressed Oracle’s alleged license requirements for Disaster Recovery scenario’s, which you can read about here: Under some circumstances, Oracle’s suggested licensing requirements for DR environments contradict EU laws (oops, did Oracle sell you twice as much licenses than you really needed?).

There is a need for much more transparency in Oracle database licensing. But, clients are not in a position to have a meaningful discussion with Oracle without having a good understanding and being comfortable about their licensing position. We are proud to announce that we have solved this problem.

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