Linux as a virtual machine on Windows

[NoOp]

On 11/10/2008 06:27 PM, Gilles Gravier wrote:
> Hi!
> 
> Derek Broughton wrote:
>> Nils Kassube wrote:
>>
>>   
>>> But then it may be free nevertheless according to what
>>> Derek posted. Probably it would be best to ask Sun in case of a
>>> commercial application.
>>>     
>>
>> Certainly I agree with that.  I sure can't figure it out myself :-)
>>   
> 
> The FAQ is clear on this :
> 
> 6. *What exactly do you mean by /personal use/ and /academic use/ in
>      the Personal Use and Evaluation License
>      <http://www.virtualbox.org/wiki/VirtualBox_PUEL>?*
> 
>    Personal use is when you install the product on one or more PCs
>    yourself and you make use of it (or even your friend, sister and
>    grandmother). It doesn't matter whether you just use it for fun or
>    run your multi-million euro business with it. Also, if you install
>    it on your work PC at some large company, this is still personal
>    use. However, if you are an administrator and want to deploy it to
>    the 500 desktops in your company, this would no longer qualify as
>    /personal use/. Well, you could ask each of your 500 employees to
>    install VirtualBox but don't you think we deserve some money in this
>    case? We'd even assist you with any issue you might have.
> 
>    Use at academic institutions such as schools, colleges and
>    universities by both teachers and students is covered. So in
>    addition to the personal use which is always permitted, academic
>    institutions may also choose to roll out the software in an
>    automated way to make it available to its students and personnel.
> 
> 
> Gilles.
> (I work for Sun - Gilles.Gravier at Sun.com)
> 
> 

A FAQ is not a legal license. Further it's not clear with regard to
non-profit & there is no actual definition of 'Commercial' in the
license itself (See below).

The PUEL states:
http://www.virtualbox.org/wiki/VirtualBox_PUEL
<quote>
§ 2 Grant of license. (1) Sun grants you a personal right to install and
execute the Product on a Host Computer for Personal Use or Educational
Use or for Evaluation. “Personal Use” requires that you use the product
on the same Host Computer where you installed it yourself and that no
more than one client connect to that Host Computer at a time for the
purpose of displaying Guest Computers remotely. “Educational use” is any
use in an academic institution (schools, colleges and universities, by
teachers and students). “Evaluation” means testing the product for a
reasonable period (that is, normally for a few weeks); after expiry of
that term, you are no longer permitted to evaluate the Product.
</quote>

The license for "commercial" is the Enterprise Subscription.

The Enterprise Subscription:
http://www.sun.com/software/products/virtualbox/get.jsp
<http://globalspecials.sun.com/DRHM/servlet/ControllerServlet?Action=DisplayProductDetailsPage&SiteID=sunstor&Locale=en_US&productID=107395300>
prices seem pretty reasonable & there is a link to the license:

<http://globalspecials.sun.com/Storefront/Company/sunstor/staticContent/eulas/eula_107395300.html>

which, I'm not so sure is "pretty reasonable" - examples:

- (f) You may not publish or provide the results of any
benchmark or comparison tests run on Software to any third party
without the prior written consent of Sun.

- (i) Software may contain
programs that perform automated collection of system data and/or
automated software updating services. System data collected through
such programs may be used by Sun, its subcontractors, and its service
delivery partners for the purpose of providing you with remote system
services and/or improving Sun's software and systems.

The only mention of 'Commercial' is in "3. Permitted Use":

(d) Commercial Use. You may use Software internally for your own
commercial purposes.

I reckon that the Sun legal folks might want to review and reconstruct
the licenses.