/// Oracle Accuses HP of "Campaign of Secrecy and Deception" Over Itanium

December 3, 2011  |  All Things Digital

Just as I expected , Oracle filed its amended cross-complaint against Hewlett-Packard in the Itanium lawsuit a little while ago, and aside from all the redacted bits that clearly cover up some juicy reading, it’s still pretty interesting. I’m embedded the whole 43-page filing below, via Scribd. Oracle paints a picture of HP desperate to preserve the profits it makes on support and service contracts generated from customers using Integrity servers cutting arrangements with Intel to keep pumping out Itanium chips that no one but HP buys, and which Intel would secretly like to forget, in order to focus on its highly profitable line of selling mainstream Xeon server chips. Oracle describes an agreement between HP and Intel called the “Itanium Collaboration Agreement” and calls it a “a pure pay-off to induce Intel to keep churning out processors that it really wanted to kill.” Here are some other interesting highlights. Remember yesterday how I said that main issue, at least from HP’s perspective in this suit, is whether or not Oracle agreed to continue to port its software to HP-UX so that it could run on HP’s Integrity servers that use Intel’s Itanium chip. HP has argued that when the two companies settled a lawsuit concerning Oracle’s hiring of former HP CEO Mark Hurd, that Oracle agreed to do just that. Oracle has argued, — and lays its version of the legal blow-by-blow of the negotiations — that it agreed to no such thing and so is perfectly within its rights to walk way from the Itanium platform. Pick up the action on page 27. You read how, as Oracle tells it, HP sought to insert language into that settlement that included an Oracle pledge to stick with Itanium, which Oracle rejected twice. It quotes an email from Oracle General Counsel Dorian Daley to HP lawyers proposing the following langauge in a draft agreement: Reaffirmation of the Oracle-HP Partnership. Oracle and HP reaffirm their commitment to their longstanding strategic relationship and their mutual desire to continue to support their mutual customers. Oracle will continue to offer its product suite on HP platforms and HP will continue to support Oracle products (including Oracle Enterprise Linux and Oracle VM) on its hardware in a manner consistent with that partnership.

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Oracle Accuses HP of "Campaign of Secrecy and Deception" Over Itanium

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