Feeds

Oracle deploys lawyers against Solaris fix-it duo

More allegations of third parties pinching Ellison & Co's code

High performance access to file storage

Oracle have unleashed its lawyers onto two Solaris fix-it companies, accusing them of stealing copyrighted code through their work with customers.

The database giant has filed action against Terix and Maintech saying they took or facilitated the removal of “large quantities” of copyrighted Solaris patches, updates and bug fixes.

Oracle alleges the duo duped end users by claiming they had the authority to access patches from Oracle’s Solaris support site and to then distribute them to their own customers.

In a filing made to the US district court for the Northern District of California, Oracle said it is seeking unspecified damages over copyright infringement on Solaris, false advertising, breach of contract, intentional interference with prospective economic relations, and unfair competition against the companies.

According to Oracle’s filing: “While a customer may engage a third party – instead of Oracle – to provide support services on Oracle hardware, neither the third party nor the customer can access Oracle’s support web site to support that hardware.

“Defendants ignored these fundamental rules and restrictions as part of their own support services for Oracle hardware to customers that need access to Oracle’s proprietary patches and updates.”

The company claims Terix, with Maintech’s knowledge, “misrepresented itself” as an Oracle partner authorised to provide Solaris support.

In a statement to The Register Terix chief executive Bernd Appleby said his company describes itself as an independent support service firm and had never claimed an affiliation with Oracle.

“Terix acts only as an authorized agent of the end-users, pursuant to their rights, to facilitate support services. Each end-user referenced in the complaint has valid license, rights, entitlements and credentials provided by Oracle. Each end-user has their unique login credentials which are only used for the sole benefit of that end-user and are never shared. Oracle’s complaint is without any basis in either law or fact," said Appleby.

Frank D’Alessio, president of Maintech, had no comment beyond: “We believe Oracle’s claims are without merit.”

The case echoes Oracle’s pursuit of ServiceKey through the US courts, over similar claims that the Solaris support specialist illegally distributed Oracle-owned code and support to the US Navy and US Food and Drug Administration. The case was settled out of court in May, although Oracle has been claiming victory.

The database giant’s focus on channel companies supporting its operating system updates the initial attack on those supporting Oracle apps. The opening salvo was against SAP subsidiary TomorrowNow on its support of PeopleSoft, JD Edwards and Siebel. Oracle accused SAP and TomorrowNow of corporate theft on a “grand scale” and eventually secured a $1.3bn award from SAP three years later.

Since TomorrowNow, Oracle has gone to war with Rimini Street and CedarCresetone, alleging Rimini Street has also helped itself to Oracle-copyrighted code, while claiming ex-partner CedarCrestone had illegally supported E-Business Suite, PeopleSoft and Fusion Middleware and that it made “false claims” to potential customers, saying it developed updates independently of Oracle.

Rimini said it acts within the rights granted under Oracle customers' licenses, while CedarCrestone has denied any wrongdoing. They accuse Oracle of trying to scare customers and of launching a broader war on the competition. ®

Combat fraud and increase customer satisfaction

More from The Register

next story
This time it's 'Personal': new Office 365 sub covers just two devices
Redmond also brings Office into Google's back yard
Oh no, Joe: WinPhone users already griping over 8.1 mega-update
Hang on. Which bit of Developer Preview don't you understand?
Inside the Hekaton: SQL Server 2014's database engine deconstructed
Nadella's database sqares the circle of cheap memory vs speed
Microsoft lobs pre-release Windows Phone 8.1 at devs who dare
App makers can load it before anyone else, but if they do they're stuck with it
Half of Twitter's 'active users' are SILENT STALKERS
Nearly 50% have NEVER tweeted a word
Internet-of-stuff startup dumps NoSQL for ... SQL?
NoSQL taste great at first but lacks proper nutrients, says startup cloud whiz
Batten down the hatches, Ubuntu 14.04 LTS due in TWO DAYS
Admins dab straining server brows in advance of Trusty Tahr's long-term support landing
IRS boss on XP migration: 'Classic fix the airplane while you're flying it attempt'
Plus: Condoleezza Rice at Dropbox 'maybe she can find ... weapons of mass destruction'
OpenSSL Heartbleed: Bloody nose for open-source bleeding hearts
Bloke behind the cockup says not enough people are helping crucial crypto project
prev story

Whitepapers

Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
SANS - Survey on application security programs
In this whitepaper learn about the state of application security programs and practices of 488 surveyed respondents, and discover how mature and effective these programs are.