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Would this be likely to hold up in court at all? It seems like this kind of thing would fall under the purview of defamation law, and benchmarks are essentially
by xelxebar 9y ago
Would this be likely to hold up in court at all? It seems like this kind of thing would fall under the purview of defamation law, and benchmarks are essentially "just facts" so about as safe as you can get. I imagine they'd have to show that you maliciously construed the benchmark itself or something to make any case stick.
- dozzie 9y ago> Would this be likely to hold up in court at all? Ask Oracle customers, they are tied by the same prohibition.
- unixhero 9y agoA license is an obligation the user falls under legally when taking official use of a software.
- xelxebar 9y agoSure, but licences are not free to obligate anything at all. A lincense cannot legally obligate otherwise illegal behaviour, for example. It just wouldn't hold up in court. My question is about how far licenses can circumscribe non-illegal behaviour. There are clear pathological cases that probably wouldn't hold up in court either. What if a software contract says that you must turn over your first born child? I image that the software company would have to provide some very good reasons for including such a clause. So, how far can a license actually go?