There have been rumours running through the Oracle community over the last couple of days following publication of a note containing a clue that Burleson Consulting may have acquired the rights to BMC’s performance monitoring tool “Patrol” – and may even have bought out BMC itself. These rumours started shortly after the disappearance of a blog item by Charles Hooper discussing an SQL statement executed by the product formerly (perhaps still) known as BMC Patrol.
When questioned about the disappearance of the blog item Mr. Hooper explained that it had been taken down by his service provider in accordance with a DMCA takedown notice issued by Burleson Consulting and signed by Don Burleson who had quoted the SQL statement in question and stated that: “Under penalty of perjury, I swear that … I am the copyright owner of this material”.
The purchase of BMC Patrol by Burleson Consulting has not yet been officially announced by either party but the copyright claim contained in the DMCA notice would appear to indicate that Burleson Consulting has acquired exclusive copyright by purchasing (at a minimum) the rights to the product.
Latest gossip suggests that database giant Oracle Corporation has not completely discounted their option to sue Burleson Consulting regarding the latter’s frequent publication of the SQL statement:
"select sysdate from dual;" despite having prior publication dates for the phrase as a whole and the words “sysdate” and “dual” independently.
Any such gossip is, as yet, completely unsubstantiated but attorneys representing the descendants of Rene Descartes are said to be keeping their fingers crossed that Oracle Corporation will make something of this issue.
It is possible, however, that these rumours were never intended as serious comment and are the result of the inevitable mockery that ought to follow any ridiculous abuse of the DMCA mechanism.
The original article is back – with a footnote about the false DMCA claim.
I can’t help noticing that the article was unavailable for 17 days in total, though – which is longer than the eleven days it took for my articles to reaappear. There is an important performance guideline here – when Mr. Burleson is behaving badly, publish the fact and drop a note to his wife.