back to article Judge tosses NEC's claim that Oracle salespeople tricked it into using the wrong software license prior to audit

A San Francisco federal court judge has dismissed NEC Corporation of America's (NECAM) counterclaim of fraud against Oracle, which sued NECAM in July alleging copyright infringement and breach of contract related to the use of Oracle's database software. NECAM has the opportunity to refine its challenge of Oracle's allegations …

  1. Short Fat Bald Hairy Man

    Not a surprise.

    The reason I decided to stay away from all things this company is the completely sadistic bundling of non free components with free components.

    Confusing (small company, me) to actually read the licence and try to figure out which part we could use and which we could not.

    Just stay away if possible.

    Legacy? Good luck!

    1. Cederic Silver badge

      Re: Not a surprise.

      On top of that is the "We have the right to audit your use" part of all their contracts.

      Companies don't fear the cost of licensing Oracle products. They fear the cost of dealing with an Oracle audit, even when they know they're complying with the licence.

      Now add in the uncertainty inherent to every Oracle licence, as it's nigh-on impossible to properly understand them, and there's a good chance the audit will find something that Oracle can claim you need to pay extra for.

      They may or may not be right, but really it's nicer not to have to spend the time finding out.

  2. Headley_Grange Silver badge

    Don't not untick....

    This is just the natural evolution of the old' "if you don't not want not to not receive marketing mail then don't not untick the box that's not below", isn't it?

  3. lglethal Silver badge

    The first rule of dealing with sales people - get it in F%&king writing!!!!

    If the Sales person is saying over the phone "Of course you can use this cheaper licence without any problems in your application. I guarantee it!", thats not worth the paper it's written on.

    Make them put it in writing, preferably not just an email, but in a signed document on company letterhead. If they are not willing to do that, then their guarantee is worth about the same as a politician's promise... i.e. Sweet F. A...

    1. TKW

      Not only in writing, but in plain English writing

  4. YetAnotherJoeBlow

    a new name


  5. disgruntled yank

    Oh, dear

    Anyone remember the recent joke going around the webs? There's a new version of ransomware out there that stealthily installs Oracle software on all your servers, then threatens to call Oracle licensing if you don't cough up.

  6. ChrisC Silver badge

    "someone at Oracle contacted NECAM over the phone between December 7 and December 19 to 'direct' it to misinterpret [a question on the license]."

    And from this point on, every time someone from Oracle calls a customer to discuss anything, the first thing they'll hear is "this call is being recorded for our protection"...

  7. localzuk Silver badge


    It amazes me that any company willingly gets in bed with Oracle. Why would you choose them when they behave in such a litigious manner?

  8. Ilsa Loving

    The real news here...

    The real news here is that any company is still stupid enough to use Oracle in the first place.

    Oracle has been actively and aggressively screwing it's customers for years. I long ago decided that it doesn't matter how powerful their database is... it's just not worth the risk to even glance in their direction.

  9. Medixstiff

    As someone that's gone through many an Oracle audit and sit down to discuss licensing, Oracle can EABOD.

    At one stage we had to rethink the CPU configurations for our new Blade's after sitting down with Oracle's own people, they then had the gall to state we had violated the licensing and we had fun and games showing them all the communications where they stated what we were doing was correct.

    Then there was the audit 3 years ago where we ran the scripts, they again accused us of being wrong, we sent them communications again and then heard nothing back for two years.

    Or the fact that their own installs turn just about every feature on and you have to then turn them off or they shout license violations.

  10. Claverhouse Silver badge
    Thumb Down

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    So eventually, president Larry...

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