4 ms·

It's not about making it reasonable, it's an open threat to punish anyone who does decide to benchmark Oracle. Nobody's going to win the case, but whoever viol

It's not about making it reasonable, it's an open threat to punish anyone who does decide to benchmark Oracle. Nobody's going to win the case, but whoever violates the term will surely wind up bankrupt defending themselves.

koonsolo 6y ago
That is very wrong with the US system. It should be "loser pays"
- VonGuard 6y ago
  Sometimes it is, but you still have to get to that point, and it can take years.
ethbro 6y ago
Publish benchmarks as an LLC, then just go ahead and declare bankruptcy.
- dvfjsdhgfv 6y ago
  This is a very dangerous advice to follow in general.
  - shoulderfake 6y ago
    expand on that
    - deleted 6y ago
      [deleted]
    - NateEag 6y ago
      It's probably a reference to "piercing the corporate veil": https://www.nolo.com/legal-encyclopedia/personal-liability-piercing-corporate-veil-33006.html https://www.nolo.com/legal-encyclopedia/personal-liability-p... TL;DR: If a judge thinks your corp was just a protective shell, you can be held personally liable for its debts, and your assets can be seized.
- jojobas 6y ago
  Better yet, publish as a Russian or Chinese resident. Disclose results to a (preferably not Oracle-using) tech newspaper on the condition of anonymity.
  - toomuchtodo 6y ago
    Publish your paper directly to SciHub anonymously.
  - vbezhenar 6y ago
    Last time I checked, Oracle had some kind of branch in Russia. Not sure whether that clause is enforceable within Russia laws, but they could just bribe police, so they would make one's life quite miserable. Money is money everywhere. May be even more so in Russia. I have no idea about China, though.
gruez 6y ago
publish over tor with steps to replicate. lack of authority shouldn't be a problem because anyone can replicate it. reputable people might even be able to say they endorse the findings without running afoul of the EULA, considering they're just saying yes/no, not disclosing the results of the benchmark.

koonsolo 6y ago

That is very wrong with the US system. It should be "loser pays"

VonGuard 6y ago
Sometimes it is, but you still have to get to that point, and it can take years.

ethbro 6y ago

Publish benchmarks as an LLC, then just go ahead and declare bankruptcy.

dvfjsdhgfv 6y ago
This is a very dangerous advice to follow in general.
- shoulderfake 6y ago
  expand on that
  - deleted 6y ago
    [deleted]
  - NateEag 6y ago
    It's probably a reference to "piercing the corporate veil": https://www.nolo.com/legal-encyclopedia/personal-liability-piercing-corporate-veil-33006.html https://www.nolo.com/legal-encyclopedia/personal-liability-p... TL;DR: If a judge thinks your corp was just a protective shell, you can be held personally liable for its debts, and your assets can be seized.
jojobas 6y ago
Better yet, publish as a Russian or Chinese resident. Disclose results to a (preferably not Oracle-using) tech newspaper on the condition of anonymity.
- toomuchtodo 6y ago
  Publish your paper directly to SciHub anonymously.
- vbezhenar 6y ago
  Last time I checked, Oracle had some kind of branch in Russia. Not sure whether that clause is enforceable within Russia laws, but they could just bribe police, so they would make one's life quite miserable. Money is money everywhere. May be even more so in Russia. I have no idea about China, though.

gruez 6y ago

publish over tor with steps to replicate. lack of authority shouldn't be a problem because anyone can replicate it. reputable people might even be able to say they endorse the findings without running afoul of the EULA, considering they're just saying yes/no, not disclosing the results of the benchmark.