[Info-vax] Trial Phase 2 (was Re: HP wins Oracle Itanium case)

[JF Mezei]

Bill Gunshannon wrote:

> I really don't understand how a court can order a private company to
> loose money.  I don't remember the courts ordering Ford to keep making
> Edsels.  And, yes, I know a lot of people who actually like them!!


A court doesn't order a company to lose money. They order a company to
honour a contract it signed and deliver the goods/services specified in
that contract.

Oracle signed that contract.  What the court basicaly said is that the
contract is valid forever and to end it, Oracle needs to sign another
contract with HP to void the first one.


In this new phase, Oracle may be seeking ways for the court to specify
some triggers that automaticaly void the contract. (such as HP
announcing  HP-UX not being ported beyond IA64 and that Kittson is to be
last of IA64 chips)


That contract looks like it was scribbled on a napkin in a bar. In 2010,
it was obvious that IA64 had not succeeded and would remain a low volume
proprietary niche chip supported by HP at very high cost. It was obvious
that the 8086 would supplant it for 64 bit performance.

Oracle was plain stupid or perhaps Ellison was drunk when he signed it.

HP paid Intel the big bucks to keep quiet about the planned end of IA64.
And they got Oracle to stupidly commit to develop for IA64 until HP
tells them it is OK to stop.  So HP is in full control over the EOL
plans for its legacy BCS business and can stretch the remaining life
however it wants with the big partners contractually bound to follow
without complaints.