Feeds

Oracle accused of breaking US competition law over Solaris support

Lawsuit counterattack attempts to park Sherman tank on Larry's lawn

Eight steps to building an HP BladeSystem

Oracle has been accused of unfair competition and of breaking US anti-trust laws over its Solaris support business.

The claims are made in a counter-lawsuit lodged by Solaris fix-it company Terix, which had previously been dragged into court by Oracle for allegedly stealing the database giant's copyrighted code.

The Terix suit claims Oracle violated California's unfair competition law and that it attempted to operate an illegal monopoly in violation of Section 2 of the US Sherman Act.

It was the Sherman Act that the US Department of Justice accused Microsoft of violating over bundling of Windows and IE during that company's antitrust case during 1990s and 2000s.

Terix's case has been lodged in the Northern District of California, San Jose Davison.

The Terix claim states:

Oracle's efforts include (among other things) the use of Oracle's natural monopoly over Solaris patches (including error corrections, security fixes, and other updates) and Oracle's natural monopoly over firmware for Sun/Oracle hardware to force customers to purchase software and hardware support from Oracle, even in the many instances when those customers could and would otherwise obtain superior software and hardware support from third-part service providers such as TERiX at a significantly lower cost.

"Senior Oracle personnel have not only admitted but in fact touted Oracle's intent. Indeed, at a press briefing on the day Oracle acquired Sun, Oracle's executive vice president of global customer services announced: "We believe we should be the ones to support our customer... if you're a third-party support provider offering multivendor support, we're coming.... we're coming."

According to Terix, Oracle has succeeded in undermining and weakening third party providers of software and hardware support, including Terix, by forcing customers to sign with Oracle.

Oracle unleashed its case against Terix and fellow support biz Maintech in July last year saying they'd stolen its copyrighted code - Solaris patches, updates and bug fixes - through their work with customers. Larry Ellison's company also accused the firms of mis-representing themselves to customers by claiming they are allowed to support Solaris.

Oracle wants unspecified damages over copyright infringement, false advertising, breach of contract, intentional interference with prospective economic relations, and unfair competition.

The database giant saw part of its case thrown out by the judge in January, as the court ruled Terix and Maintech had not duped users by saying they were allowed to fix and update Solaris. ®

Maximizing your infrastructure through virtualization

More from The Register

next story
There's NOTHING on TV in Europe – American video DOMINATES
Even France's mega subsidies don't stop US content onslaught
You! Pirate! Stop pirating, or we shall admonish you politely. Repeatedly, if necessary
And we shall go about telling people you smell. No, not really
Airbus promises Wi-Fi – yay – and 3D movies (meh) in new A330
If the person in front reclines their seat, this could get interesting
BBC goes offline in MASSIVE COCKUP: Stephen Fry partly muzzled
Auntie tight-lipped as major outage rolls on
UK Parliament rubber-stamps EMERGENCY data grab 'n' keep bill
Just 49 MPs oppose Drip's rushed timetable
Want to beat Verizon's slow Netflix? Get a VPN
Exec finds stream speed climbs when smuggled out
Samsung threatens to cut ties with supplier over child labour allegations
Vows to uphold 'zero tolerance' policy on underage workers
Dude, you're getting a Dell – with BITCOIN: IT giant slurps cryptocash
1. Buy PC with Bitcoin. 2. Mine more coins. 3. Goto step 1
prev story

Whitepapers

Top three mobile application threats
Prevent sensitive data leakage over insecure channels or stolen mobile devices.
The Essential Guide to IT Transformation
ServiceNow discusses three IT transformations that can help CIO's automate IT services to transform IT and the enterprise.
Mobile application security vulnerability report
The alarming realities regarding the sheer number of applications vulnerable to attack, and the most common and easily addressable vulnerability errors.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Consolidation: the foundation for IT and business transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.