Feeds

Judge: Oracle must remain on Itanic

Upholds HP's breach of contract claim

Choosing a cloud hosting partner with confidence

A California court has ruled that Oracle is contractually obligated to produce software for Hewlett-Packard's Itanium-based servers and must continue to do so for as long as HP sells them.

The ruling issued on Wednesday by Judge James Kleinberg in San Jose is the latest chapter in a bitter, ongoing struggle between the two Silicon Valley giants over whether Oracle had the right to stop developing for Intel's high-end server chips.

"Today's proposed ruling is a tremendous win for HP and its customers," HP said in a statement. "We expect Oracle to comply with its contractual obligation as ordered by the Court."

Specifically, the judge ruled in favor of HP's claims of breach of contract and promissory estoppel. The latter is a legal term that amounts to one party going back on a promise made when the other party is relying on the promise.

Under the terms of the ruling, Oracle will be required to continue to offer Itanium versions of any and all of its products that were available on the architecture as of September 20, 2010, the date of the Settlement and Release Agreement between Oracle, HP, and former HP CEO Mark Hurd.

The ruling specifies that Oracle must offer "any new releases, versions, or updates" of the software, and that it may not charge HP anything to produce it.

In a statement, Oracle representative Deborah Hellinger responded that Oracle has not wavered in its position that HP has overstated the terms of its contract, saying, "HP's argument turns the concept of Silicon Valley 'partnerships' upside down":

Last March, Oracle made an engineering decision to stop future software development on the Itanium chip ... Nothing in the Court's preliminary opinion changes that fact. We know that Oracle did not give up its fundamental right to make platform engineering decisions in the 27 words HP cites from the settlement of an unrelated employment agreement.

If the decision stands, the case will next advance to a jury trial to determine whether Oracle breached its contract by stopping development on Itanium, and if so, whether HP is owed any damages. HP is reportedly seeking $500m.

The judge said both parties have 15 days to appeal the decision. Oracle has said it will do so. ®

Top 5 reasons to deploy VMware with Tegile

More from The Register

next story
'Kim Kardashian snaps naked selfies with a BLACKBERRY'. *Twitterati gasps*
More alleged private, nude celeb pics appear online
Wanna keep your data for 1,000 YEARS? No? Hard luck, HDS wants you to anyway
Combine Blu-ray and M-DISC and you get this monster
US boffins demo 'twisted radio' mux
OAM takes wireless signals to 32 Gbps
Google+ GOING, GOING ... ? Newbie Gmailers no longer forced into mandatory ID slurp
Mountain View distances itself from lame 'network thingy'
Apple flops out 2FA for iCloud in bid to stop future nude selfie leaks
Millions of 4chan users howl with laughter as Cupertino slams stable door
Students playing with impressive racks? Yes, it's cluster comp time
The most comprehensive coverage the world has ever seen. Ever
Run little spreadsheet, run! IBM's Watson is coming to gobble you up
Big Blue's big super's big appetite for big data in big clouds for big analytics
Seagate's triple-headed Cerberus could SAVE the DISK WORLD
... and possibly bring us even more HAMR time. Yay!
prev story

Whitepapers

Secure remote control for conventional and virtual desktops
Balancing user privacy and privileged access, in accordance with compliance frameworks and legislation. Evaluating any potential remote control choice.
Intelligent flash storage arrays
Tegile Intelligent Storage Arrays with IntelliFlash helps IT boost storage utilization and effciency while delivering unmatched storage savings and performance.
WIN a very cool portable ZX Spectrum
Win a one-off portable Spectrum built by legendary hardware hacker Ben Heck
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Beginner's guide to SSL certificates
De-mystify the technology involved and give you the information you need to make the best decision when considering your online security options.