Oracle Virtualbox Licensing Tweak Lies In Wait For The Unwary

Oracle has introduced new licensing terms that some users may see as hidden within the terms for VirtualBox, the general-purpose virtualization software for x86_64 hardware.

An eagle-eyed licensing consultant in Germany has spotted that licensing terms for downloads from the VirtualBox website have changed, effectively ending the opportunity for a free three-month trial once the user downloads the software.

Bernhard Halbetel, who works for advisory firm DBConcepts, has pointed out that anyone who has VirtualBox 7.1 or later might be liable for a licensing charge under the updated terms and conditions, even if they are not using the software.

“Before the change, Oracle would email those who downloaded the VirtualBox Extension Pack and say, ‘Thank you for downloading, this is a commercial license, and now we have to talk about your license fees.’ And the user could just say, ‘We downloaded only for evaluation, and we de-installed it a couple of months ago, and therefore we don’t need to pay your fee.’ And Oracle has to go away,” he told The Register.

“Now they changed in the licensing that the evaluation is not part of the Personal Use and Evaluation License (PUEL) anymore… so if you download it, then you are trapped, because then you have to pay the fee,” Halbetel said. He warned users who have downloaded VirtualBox version 7.1 or later not to ignore such emails from Oracle.

However, users can still get a free evaluation if they get the download from elsewhere. Those who check the Licensing FAQ will find the free evaluation version is available from Oracle Software Delivery Cloud, which requires a login, so users need to sign up.

Eric Guyer, founding partner at Oracle and SAP advisory and consultancy Remend, said there is no difference in the Extension Pack code and no requirement for license keys in the new download. “This is surely bad for customers as there is less contractual ambiguity when Oracle pursues companies based on the download activity it tracks.”

Craig Guarente, founder and CEO of Palisade Compliance, said it was a sign that Oracle had started soft auditing its customers in a similar fashion to its Java playbook.

“They track downloads, make accusations, get people worried, try to force them to prove a negative, and drive sales through fear. Having said that, Palisade clients are in compliance and haven’t paid a penny to Oracle. It is not a big money maker for Oracle. Just another example of how they treat customers,” he said.

The Register has asked Oracle to comment. ®

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