Oracle’s Soft/Hard virtualization policy doesn't apply to Java 

Java is sold under the processor licensing metric on servers, which is the exact same licensing model used for Oracle Database.  For customers who use VMWare in their organization--and many customers deploy VMWare-- the way Oracle calculates Java deployment can be shocking. In simple terms, Oracle will count all the cores that are running VMWare even if Java is not running on all of these cores. Many feel that approach does not make sense, but licensing rules are not based on common sense. Licensing rules are based on licensing contracts. 

The Oracle we are using is bundled with third party applications

We have seen many cases where customers think all the Java in their environment is bundled with their third-party applications.  It is true that Java is bundled with some applications.  For example, some Oracle products and some IBM products include the underlying Java support.  However, many vendors who had bundled free Java in the past, have not gone back to Oracle and signed OEM Java agreements with Oracle for what is now a fee-based version. Often the only one who knows if Java is included is Oracle, as their records reflect whether the vendor has signed an OEM agreement. Typically, legacy contracts are silent on bundled Java.

Oracle is not auditing hence there is no need to count Java

If you deploy Oracle products like Oracle Database or Weblogic, and you have been in an official Oracle audit, Java might not have been in scope. However, it is just a matter of time before Oracle starts auditing for Java. If you do not have any products from Oracle besides Java, you might still be subject to a process that will feel like a licensing audit. Java Sales reps are now asking for detailed deployment reports and virtualization reports to determine your Java usage, and they will determine if you owe fees to Oracle. So, while this is not an official audit, there can be substantial financial risk associated with this type of Java review.  

We think the Java we deploy, would be free  

• Java installed after January 1, 2019 is fee-based. 
• If you apply patches to older versions of Java, it automatically becomes fee-based. Many customers don’t realize they already have auto updater, a built-in feature that automatically installs Java updates.  It has often been installed as your Security team requires patches to avoid all potential Java security issues.
• If you are using Windows Installer to install Java, then Java would be considered a commercial feature, making all your Java in the Windows environment fee-based.
• Java deployed in VMware is subject to Oracle Soft Partitioning rules as stated above.

When you take all these considerations into account, you quickly realize that a good percentage of Java in your environment is fee-based.

The points mentioned above are just some of the common misconceptions about Java. You can find out more by reading other Clarify blogs such as “Java - Think is it Free, Not Anymore” and  “Don't Cut a Check to Oracle - Optimize your Java Footprint First!” You can also schedule a free consultation with Clarify () to explore next steps for your company to minimize the financial risk around your Java deployment.