Feeds

Comcast dragged into muck in Oracle's Solaris fix-it lawsuit

Oracle wants to see its Solaris licenses, but Comcast wants nothing to do with it

Choosing a cloud hosting partner with confidence

Comcast is caught in the crossfire in Oracle's ongoing lawsuit against Solaris fix-it companies Maintech and Terix, but the broadband giant is trying to stay out of it – illegally, Oracle claims.

A filing [PDF] with the US District Court of the Southern District of New York last week reveals that Oracle subpoenaed Comcast last July for documents to use as evidence in the trial, but so far Comcast has failed to respond.

The filing shows that Comcast – while not itself being named as a defendant in the suit – has been a customer of Maintech and Terix, two companies that the database giant has accused of distributing copyrighted Solaris patches without authorization.

Maintech, Terix, and Comcast have each argued that the licenses customers receive when they purchase Solaris servers grant them the right to "perpetual" support of both the hardware and the OS – including the right to seek support from third parties once their original support contracts with Oracle run out.

Oracle says that's not true, and to prove it, it has demanded Comcast show it the licenses in question. Yet despite what Oracle describes as "several months of negotiating" during which the database giant says it "bent over backwards to be accommodating," Comcast has yet to produce the documents.

Comcast has argued that the request is overly burdensome – and indeed, Oracle's filing says it wants to see the original licenses covering "the thousands of Oracle/Sun servers that [Comcast] acquired over time," although it says it was willing to narrow the request to only those servers that were supported by Terix or Maintech.

The broadband firm also objects to being forced to produce "documents that are already in possession of Oracle" – in other words, Oracle (or Sun before it) wrote the licenses, so it should already know what they say. Oracle says that's not the case, however, because there have been many different versions of the Solaris license over the years.

"In short," Oracle's filing states, "Oracle is not in a position to track the Solaris licenses that Comcast has that Defendants contend justify their extensive misuse of Oracle's intellectual property – this information is solely within Comcast's control and it either has these documents available for production or it does not."

With Comcast now having failed to produce the requested documents for almost nine months, Oracle has asked the court for a judicial order forcing it to do so.

Meanwhile, Terix has fired a counter-suit at Oracle, alleging that its attempts to undermine third-party Solaris support providers violate California unfair competition statutes and federal antitrust law. ®

Business security measures using SSL

More from The Register

next story
Phones 4u slips into administration after EE cuts ties with Brit mobe retailer
More than 5,500 jobs could be axed if rescue mission fails
Israeli spies rebel over mass-snooping on innocent Palestinians
'Disciplinary treatment will be sharp and clear' vow spy-chiefs
Apple CEO Tim Cook: TV is TERRIBLE and stuck in the 1970s
The iKing thinks telly is far too fiddly and ugly – basically, iTunes
Huawei ditches new Windows Phone mobe plans, blames poor sales
Giganto mobe firm slams door shut on Microsoft. OH DEAR
Phones 4u website DIES as wounded mobe retailer struggles to stay above water
Founder blames 'ruthless network partners' for implosion
Found inside ISIS terror chap's laptop: CELINE DION tunes
REPORT: Stash of terrorist material found in Syria Dell box
OECD lashes out at tax avoiding globocorps' location-flipping antics
You hear that, Amazon, Google, Microsoft et al?
Show us your Five-Eyes SECRETS says Privacy International
Refusal to disclose GCHQ canteen menus and prices triggers Euro Human Rights Court action
prev story

Whitepapers

Providing a secure and efficient Helpdesk
A single remote control platform for user support is be key to providing an efficient helpdesk. Retain full control over the way in which screen and keystroke data is transmitted.
Saudi Petroleum chooses Tegile storage solution
A storage solution that addresses company growth and performance for business-critical applications of caseware archive and search along with other key operational systems.
Security and trust: The backbone of doing business over the internet
Explores the current state of website security and the contributions Symantec is making to help organizations protect critical data and build trust with customers.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.