DeWitt Clause

Are Cloud Spanner or AlloyDB subject to a DeWitt Clause or are users free to publish benchmark results? I am not a lawyer but based on my reading of the ToS there is a DeWitt Clause. From section 7 of the “general service terms” it looks like there is a DeWitt clause and customers cannot unless they get permission from Google – https://cloud.google.com/terms/service-terms

According to Section 7 of the ToS, customers cannot publicly disclose Cloud Spanner benchmarking results without getting written consent from Google. Therefore, customers are not free to publish Cloud Spanner benchmarking results. There are other requirements that must be meet that are also covered by section 7 as listed below:

  1. Benchmarking. Customer may conduct Cloud Spanner benchmark tests of the Services (each a “Test”). Customer may only publicly disclose the results of such Tests if it (a) obtains Google’s prior written consent, (b) provides Google all necessary information to replicate the Tests, and (c) allows Google to conduct benchmark tests of Customer’s publicly available products or services and publicly disclose the results of such tests. Notwithstanding the foregoing, Customer may not do either of the following on behalf of a hyperscale public cloud provider without Google’s prior written consent: (i) conduct (directly or through a third party) any Test of the Services or (ii) disclose the results of any such Test.