Re:Debunking Cloudflare’s recent performance tests
by ethbr0 on Monday December 06, 2021 @07:38PM
(#29467756)
Notably, the self-service and enterprise TOS differ a bit here.
From "Cloudflare Self-Serve Subscription Agreement" https://www.cloudflare.com/terms/ , "2.2 Restrictions. Unless otherwise expressly permitted in writing by Cloudflare, you will not and you have no right to: [...] (f) perform or publish any benchmark tests or analyses relating to the Services without Cloudflare’s written consent;"
From "ENTERPRISE SUBSCRIPTION TERMS OF SERVICE" https://www.cloudflare.com/enterpriseterms/ , "2.3. Restrictions and Acceptable Use. Customer must not: [...] (i) perform or publish any performance or benchmark tests or analyses relating to the Service, other than solely for Customer’s internal use;"
Generally, it sounds like the kind of thing that would be obvious to a lawyer (we want to prohibit random people badmouth our product, right?) but stupid to engineers.
The best outcome would be if Fastly and Cloudflare both dropped any language limiting benchmarking and sharing of results.
If they want to protect their brands, the most common sense requirement would be "We require you to tell us, within X hours after publishing, of benchmarks you're publishing and send us a copy of the article in which you published them (or link if publicly accessible)."
From "Cloudflare Self-Serve Subscription Agreement" https://www.cloudflare.com/terms/ , "2.2 Restrictions. Unless otherwise expressly permitted in writing by Cloudflare, you will not and you have no right to: [...] (f) perform or publish any benchmark tests or analyses relating to the Services without Cloudflare’s written consent;"
From "ENTERPRISE SUBSCRIPTION TERMS OF SERVICE" https://www.cloudflare.com/enterpriseterms/ , "2.3. Restrictions and Acceptable Use. Customer must not: [...] (i) perform or publish any performance or benchmark tests or analyses relating to the Service, other than solely for Customer’s internal use;"
Generally, it sounds like the kind of thing that would be obvious to a lawyer (we want to prohibit random people badmouth our product, right?) but stupid to engineers.
The best outcome would be if Fastly and Cloudflare both dropped any language limiting benchmarking and sharing of results.
If they want to protect their brands, the most common sense requirement would be "We require you to tell us, within X hours after publishing, of benchmarks you're publishing and send us a copy of the article in which you published them (or link if publicly accessible)."