Erik Funkenbusch <erik@xxxxxxxxxxxxxxxxxxxxxx> wrote:
> On Sun, 13 Jan 2008 09:26:44 -0600, thad05@xxxxxxxxxxxxxxxxxxxxxxxxx wrote:
>
>> 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.
>
> What clauses might those be? Have you actually read the Windows EULA?
> There is no such clause.
The EULA in my MSDN supplied copy of Windows had an exclusion on
publishing server benchmarks without permission from MS, and I've
seen more recent exceptions regarding .Net benchmarks in desktop
versions of Windows. I'll admit that my memory could be out of date.
The text of the license I have includes:
"Server Software. You must obtain Microsoft???s prior written approval
to disclose to a third party the results of any benchmark test of
server software or additional software that comes with it."
Is this language perhaps specific to MSDN versions of Windows
Server products? Or perhaps you have a more recent copy that does
not include that text? Please share the EULA you are referring to
if you can.
>> Having spent a few thousand defending a trademark against this sort
>> of legal saber rattling, I wouldn't count it out.
>
> Maybe you should actually read what it is you are speculating about first,
> before doing the actual speculation.
Hey it wouldn't be speculation if I was working from perfect
and complete information now, would it? ;) I'm not trying to
claim that MS actually precludes the benchmarks in question, only
that any mention of benchmark restrictions in the license could
be used as a legal scare tactic to silence a benchmark publisher.
If you are just some shmo with a blog, chances are you won't
want to pony up the few thousand dollars it would take to handle
even a bogus claim.
Again, I'm not saying that MS is doing this or even would do this,
only that they could if they wanted to. It is not exactly an
uncommon practice in business (unfortunately).
Thad
P.S. feel free to share the version of EULA you are working from.
--
Yeah, I drank the Open Source cool-aid... Unlike the other brand, it had
all the ingredients on the label.
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