What?! How do they disallow people from benchmarking it? Do they just forbid people from benchmarking in legal terms? That sounds so fishy.
Wikipedia article: https://en.wikipedia.org/wiki/David_DeWitt#The_%22DeWitt_Cla...
It's plainly illegal, but nobody who has built their business on Oracle DB wants to piss off Oracle the company with a lawsuit, and it doesn't appear any legal activists want to either.
[0] https://www.brentozar.com/archive/2018/05/the-dewitt-clause-...