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

[Keith Parris]

On 8/22/2012 3:25 PM, Keith Parris wrote:
> Oracle has filed its objection to the court's Proposed Statement of
> Decision:
> http://www.scefiling.org/filingdocs/14198/53924/endorse_86221_OraclexsxObjectionsxtoxCourtxsxProposedxSOD.pdf

And HP has filed its response to Oracle's objections: 
http://www.scefiling.org/filingdocs/14200/54286/86808_HPxxxResponsextoxOraclexsxObjectionsx8.pdf

> And I found this piece very interesting:
>
> "Oracle also objects to and requests clarification and findings
> regarding the Court’s reference to “HP’s Itanium-based server platforms”
> in paragraphs 2-5, in that it is unclear what the Court means by that
> term, specifically as to the operating systems covered."
>
> As Oracle doesn't run on NonStop, and Windows and Red Hat Linux already
> dropped support, OpenVMS (and maybe SuSE Linux, which still supports
> Itanium, but of course isn't an HP operating system) seem to be the only
> other Itanium operating systems conceivably involved (other than HP-UX,
> of course). Is Oracle here trying to weasel out of any obligation to
> continue porting Oracle Server (and developing Oracle Rdb) for OpenVMS
> on Itanium?

HP's legal team had the correct answer to this, IMO:

“Oracle objects that the term “HP’s Itanium-based server platforms” in 
the Court’s order is “unclear” because it does not specify the 
“operating systems covered.” But Oracle knows precisely which 
Itanium-based servers are covered, including the operating systems at 
issue, because the Court’s Order specifies that Oracle’s obligations 
extend only to those software products that were offered on 
Itanium-based servers when the Agreement was signed on September 20, 
2010. Oracle’s software products are designed and offered for specific 
hardware platforms (in this case, Itanium) and specific operating 
systems (in this case, primarily HP-UX but also OpenVMS and NonStop 
depending on the software product). So Oracle knows exactly which 
Itanium-based servers are covered by the Court’s Order by referring to 
those Itanium-based server platforms to which it was porting on 
September 20, 2010.”

So HP's legal team is looking out for OpenVMS (and NonStop) as well as 
HP-UX.