____/ thad05@xxxxxxxxxxxxxxxxxxxxxxxxx on Sunday 13 January 2008 15:26 : \____
> Tim Smith <reply_in_group@xxxxxxxxxxxxxxxx> wrote:
>>
>> Why would they need Microsoft's permission to publish a Tomcat benchmark?
>
> I suppose if they are running Tomcat on Windows it might fall under
> the benchmarking clauses of the Windows EULA. There is certainly
> nothing stopping MS from making legal threats on those grounds,
> even if it would ultimately not stand up in court. Considering how
> expensive it can be to respond to even a meritless claim, it would be
> an effective strategy.
>
> Having spent a few thousand defending a trademark against this sort
> of legal saber rattling, I wouldn't count it out.
Forget about sabers. Just as Microsoft shoots some knees already (collects
patent tax from businesses that refuse to be identified), it has also been
pointing guns at innocent researchers.
"According to the Vista user agreement (EULA), because the OS contains
"one or more components" of the .Net Framework 3.0, users can conduct
internal benchmarking of those components, but can't disclose the
results of those benchmarks--or measurements to compare rival
products--unless they comply with conditions found at a Microsoft Web
site"
http://www.pcworld.com/article/id,127719-c,vistalonghorn/article.html
Also consider the recent incident where a person benchmarked Vista SP1 to show
there's no performance improvement. Unless my memory betrays me, the beasts of
Redmond started a smear campaign against the poor guy.
--
~~ Best of wishes
Roy S. Schestowitz | Mandriva & Fedora - Gotta love them girls
http://Schestowitz.com | Open Prospects | PGP-Key: 0x74572E8E
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