[Tfug] Database licensing theory

[Bexley Hall]

Hi Paul,

Hope your holiday was pleasant.  Grandkids can either make
it fun or a nightmare!  ;-)

> We are looking a possible database
> migration.  From a legal standpoint, what is the
> "source code" of a database?  We use an application
> that runs on an Oracle 9i database using an application
> specific full use Enterprise Edition license.  My gut
> reaction is that the table structure is not source code but
> that all the functions, procedures, triggers, constraints,
> etc are part of the source code and would be protected by
> the application license.  What are your thoughts?

I am not sure you have been precise enough in your
description of your situation.  So, my reply may
seem to pick nonexistent nits...

IANAL, so...

Data that you put in the database is yours.
Tables (and relations) that you "engineered" are yours.
Methods that you write are yours.

(all this subject to license terms of course)

However, if the *application* (that you have licensed!)
does any of these things ON YOUR BEHALF, then they may
well belong to the *licensor* and not you (nor Oracle).

Likewise, the actual *implementations* (internal representation,
etc.) of all of these things can be usurped by the license.
I.e., you may own the structure of the data but not the
*implementation* of that structure (since the RDBMS actually
chose the implementation -- and, it can be argued, the choice
of implementation is something that makes *this* RDBMS better
than others... hence patent worthy).

Of course, any data that the application relies upon that
might be copyrighted is also off limits (e.g., if it has
a comprehensive list of USPS ZIP codes that it uses to
"seemlessly" expedite data entry by suggesting possible
state names once you have specified a city name...)

I.e., if you can do what you want some other way, then that
"other way" is yours to pursue (unless it infringes on
patents, copyrights, etc.)

Can you sus what you need from my comments?

--don