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Judge shoots down Oracle's Solaris support 'trafficking' claim

But infringement, competition, false advertising claims still hang over Terix and Maintech

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Oracle has suffered a setback in its latest attempt to reserve the Solaris support business for itself.

A US court has thrown out part of a lawsuit it lobbed against Terix and Maintech that alleged they’d duped users by saying they were allowed to fix and update Solaris.

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

Oracle, which lodged its case last year, claimed the duo had taken or facilitated the removal of “large quantities” of copyrighted Solaris patches, updates and big fixes.

Earlier this month, though, the presiding judge dismissed Oracle’s claim that Terix and Maintech had trafficked in access credentials.

Terix in a statement on Thursday said it was pleased with the ruling, but said it recognised the case is not settled.

“Terix does not traffic in access credentials of Solaris Updates and we do not condone, and in fact condemn, such practices by any independent service organization,” chief executive Bernd Appleby said in a statement.

As Appleby pointed out, the case is not settled.

Remaining to be resolved are Oracle’s claims of breach of contract, copyright infringement, unfair competition and false advertising

Appleby said he believed Oracle filed the suit because Terix provides Oracle maintenance on a par with the OEM but with "added value and flexibility".

Terix supports IBM, Cisco, Hewlett-Packard, Dell, Oracle, HDS, EMC and NetApp for clients including Fortune 500s.

Oracle has sued others over support for its systems, most notably Rimini Street in 2007. The case has not been settled.

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