> Edit: I'm told this proprietary database vendor dislikes users publishing benchmark results comparing their software to F/OSS databases. I'd argue that this is more of an anecdote than a benchmark; but just in case I edited the comment to remove the vendor and product name from the parts that talk about performance.
That doesn't really sound like they were forced to do anything.
Do you want to fight a corporation with endless money for lawyers in court?
No, of course not. But I'm still interested in what a court would ultimately decide and whether anyone has actually been taken to court over this.
The answer is that it is impossible to know. I don't recall any case ever being taken to court up to the end. We can't know the result if there is no precedent.
I suspect not, you should be covered by the first amendment. However, I don't think most people have the money to find out. The ones that do seem keen on following Ellison's example.
The first amendment doesn't apply to contracts between private entities. The government cannot forbid you to publish benchmarks. However, it can also not prevent you from signing away your first amendment rights in most circumstances.
The first amendment only protects you against the government. NDA clauses in contracts hold up in court all the time.