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

[Bill Gunshannon]

In article <k1dit0$r86$1 at usenet01.boi.hp.com>,
	Keith Parris <keithparris_deletethis at yahoo.com> writes:
> 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.

An interesting conclusion from people who think Oracle's only interest
was to harm HP.  The way I see it is that HP might just as well want to
force Oracle to waste money developing for platforms that will never offer
a suitable ROI in an attempt to harm them.

Personally, I think Oracle's only real interest is in making money.  I
see very little liklihood of that supporting Itanium.

bill

-- 
Bill Gunshannon          |  de-moc-ra-cy (di mok' ra see) n.  Three wolves
billg999 at cs.scranton.edu |  and a sheep voting on what's for dinner.
University of Scranton   |
Scranton, Pennsylvania   |         #include <std.disclaimer.h>