alt Hacker NewsWhat an honor for Professor De Witt (no relation to my handle).
My handle notwithstanding, I'm smart enough to not take legal advice from HN but nonetheless I cannot stop myself hence the rhetorical question: how is a EULA clause like that even enforceable? If this isn't going against freedom of speech then this surely it's against some consumer protection laws?
The cynical answer to that I guess is "a lot of money funding a legal team the size of a warlord's militia" and also "lobbying" but even then it doesn't track to me that this clause could have even that much of an effect as a scare tactic?
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Similar discussion I had a couple of weeks ago in the post about LG spying on consumers: https://news.ycombinator.com/item?id=49603808
Basically ToS can't overrule the law, but the law doesn't seem to limit much what can be put in ToS, so abuse will always end up in court.
The problem is that the consequence of this is this filters significantly in favor of the company which complaints are worth taking to court, given that these companies have legions of lawyers on payroll.
It's their copyright, they get to decide the conditions in the license if you want to use their software.
The EULA is enforceable because you have to agree to it to use the software, and Oracle has large and well financed legal team who will descend from a great height on you and anyone who publishes the results of you doing performance testing.
What does the right to freedom of speech have to do with your contract with Oracle?
Oracle isn’t the government, they have the freedom of association which means they are under no obligation to license their database to you.
NDAs are well established law, you could view this a very limited in scope NDA.