> The Licensee hereby agrees, without the prior written consent of Cognitect, which may be withheld or conditioned at Cognitect’s sole discretion, it will not... publicly display or communicate the results of internal performance testing or other benchmarking or performance evaluation of the Software
That's just vile. is there any /good/ defense of this kind of agreement other than a 'think of the children' argument that people might make a mistake in their performance reviews?
That article only lists MS and Oracle though. Apart from IBM, I don't think CockroachDB Enterprise has such a prohibition, nor does Google Spanner (I think?), nor does Amazon Aurora (again I think?). And of course all the open source competitors don't have this clause.
Basically my impression is that DeWitt clauses are common enough to be well-known, but still in the distinct minority. That's just an impression though.
From the Datomic EULA here: https://www.datomic.com/on-prem-eula.html