This area is still a little grey as it depends on jurisdiction potentially (EU has different rules than the US for this area). But I think this does justify some changes as the 10 day rule intention is for a clustered system in a single datacenter. But it\’s not so easy to define a disk array these days. Especially when that may include stretched metro cluster environments, which are logically a single disk array.

Your statement about vSphere Replication falling into the “10 day” rule seems inaccurate. Oracle clearly states that “The above right only applies when a number of machines are arranged in a cluster and share one disk array.” The thing is that when using vSphere Replication between two datacenters for DR purposes, you’ll always be using at least 2 disk arrays and not one. This would mean the “10 day” rule simply does not apply in this setup.

Thanks Tobias, this is indeed more FUD and is not correct. The requirement remains to licenses where Oracle Software is installed and/or running. Therefore only the hosts where this is true need to be licensed. They can not legally enforce you to license any other hosts in your environment if the Oracle software does not run on them. If however you move the Oracle software to an unlicensed host, then you will have to license that host. This is why we recommend to use one of the various means to isolate the Oracle software to licensed hosts.

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Nice job on fighting more Oracle FUD. Btw, I am starting to hear some FUD already with the yet to be released Oracle 12c that it can or should not be virtualized because of its plug fable db architecture. Don't think it's coming from Oracle corp but from some folks in the field.