Envisage Technologies (Envisage) is a US-based company, considered to be the leader in unified public safety training, compliance and performance software. Oracle started a lawsuit against Envisage in May 2021. Based on the Complaint for Copyright Infringement, Oracle’s position is that Envisage does not own enough licenses to host their applications for the estimated “2 million public safety professionals and 11,000 agencies.”
More specifically, in 2006, Envisage procured 2 Processor licenses for Standard Edition One with “hosting rights,” meaning that Oracle Database could be used as the underlying database platform for the proprietarily developed and owned application of Envisage to service its end-users through a SaaS subscription model.
Oracle claims that Envisage runs its environment on the Amazon Relational Database Service (Amazon RDS), a platform hosted by Amazon Web Services (AWS). Referring to the AWS Service Terms, Section 10.3. “Using Oracle Software” indicates that Oracle Software can be deployed on AWS based on two alternative models:
- License Included applicable for those customers that do not have Oracle licenses to cover their usage and therefore are willing to include them within their AWS cloud subscription. The significant limitation here is that this could be used only for the company’s internal business operation. In other words, hosting the Oracle software as part of a “subscription” model is not allowed.
- Bring Your Own Licenses (BYOL) applicable for the customers leveraging their existing licenses. Here the license terms contractually agreed upon with Oracle apply, as well as Oracle’s current policies for licensing Oracle Database software in the cloud computing environment.
Additionally, only Oracle Database Standard Edition One (SE1) and Standard Edition Two (SE2) are allowed to be used as part of the “License Included” option; Oracle Database Enterprise Edition can only be used as part of the Bring Your Own License Model (BYOL).