Do you work for Oracle?

Article: HP Wins Oracle Lawsuit
By: mpx (mpx.delete@this.nomail.pl), August 5, 2012 1:00 pm
Room: Moderated Discussions
Don't you have a quality dissonance when a few slogan words are interpreted as multibilion dollar contract and this results in a yet another slogan-type (definitely not S.M.A.R.T.) text that is humorously called "the vertdict"? If this thing stays, it is going to be the source of future lawsuits. If HP Itanium computer was to decide it would output "not enought data" as a verdict, after getting this type of input...

Cosidering my previous posts - I've just debunked the most critical part of judge's justification of the verdict:

"The second sentence of Paragraph 1 states that "Oracle will continue to offer it's products suite on HP platforms... in a manner consistent with that partership as it existed prior to Oracle hiring Hurd" As conceded by Daley who drafted the language, the sentence uses the term "will" and thus speaks of mandatory future actions. The sentence can only be reasonably interpreted as requiring Oracle to continue offering it's product suite on HP's Itanium platforms. As this Court previously held "the plain language is readily susceptible to that interpretation". And the phrase "in a manner consistent with the HP-Oracle partnership as it existed prior to Oracle's hiring of Hurd" ties the future action directly to parties' historic course of dealings in which Oracle consistently and systematically ported new versions of its product to HP's Itanium based-servers".

This is obviously wrong as there are possible multiple viable interpretations of "historical dealings" between corporations. The specific one I deducted was that Oracle was systematically porting new versions of its products to HP platforms that were attractive to port by having good technical parameters, bright future, high or growing market share. That is they were not making porting decisions "by name", but "by parameters". In the past all HP product were attractive, they had desired parameters, now only x86 fullfill these conditions. I believe if Itanium platform had good parameters it would be developed for eagerly (just as Power is supported now, despite coming from a competitor), and that porting is going to happen on any new platform that will offer good parameters (most likely ARM64). So the lack of support is a HP failure - it didn't provide a platform with parameters good enough.

The other possible interpretation - the one that Oracle actually gave, and with which they may win the appeal - was that in the partnership prior to Hurd employnment they always had the right to cease supporting HP platform. They just didn't utilize their right. There's no document forbidding Oracle to drop support for Itanium prior to hiring Hurd, so this interpretation must be considered valid. It's a nomal, recognized right of software owner to stop producting software for some platforms. Microsoft and Redhat did it - both close partners to HP. Oracle could do it too, before firing Hurd - there is no problem there. Interpretation of Hurd agreement as a ban on the right to drop support would mean that Hurd settlement changed the partnership, while Hurd settlement says the partnership should be the same as before - so such interpretation leads to absurd.

Considering possible plain language interpretations - HP continues to offer it's products suite on HP platforms (x86), which constitute majority of what HP sells. So the plain language is fulfilled. There's nothing about Itanium in the plain language of the settlement.

The strangest thing is how the judge extracted time period for which according to him should


I don't work for Oracle.
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TopicPosted ByDate
Article: HP Likely to Win Lawsuit vs. HPDavid Kanter2012/08/01 12:02 PM
  Article: HP Likely to Win Lawsuit vs. HPJoel2012/08/01 12:27 PM
    Article: HP Likely to Win Lawsuit vs. HPAlberto2012/08/01 12:50 PM
    HP-UX goes to Xeonmpx2012/08/01 11:20 PM
      HP-UX goes to XeonGabriele Svelto2012/08/02 12:00 AM
        Project OdysseyPaul A. Clayton2012/08/02 04:20 AM
          Project OdysseyRicardo B2012/08/02 05:31 AM
            Project Odysseysomeone2012/08/02 06:38 AM
              Project Odysseyrwessel2012/08/02 06:54 AM
                Project OdysseyRicardo B2012/08/02 07:08 AM
                  Project OdysseyMichael S2012/08/02 08:15 AM
                    Project Odysseyrwessel2012/08/02 09:43 AM
  Article: HP Likely to Win Lawsuit vs. Oraclempx2012/08/01 01:37 PM
    Article: HP Likely to Win Lawsuit vs. OracleMark Roulo2012/08/01 02:08 PM
      Article: HP Likely to Win Lawsuit vs. Oraclempx2012/08/02 01:01 AM
        Do you have a reference for the HP/Oracle agreement?Mark Roulo2012/08/02 06:36 AM
          "quality of support" MS2012/08/02 09:44 AM
            "quality of support" mpx2012/08/03 10:53 AM
        Article: HP Likely to Win Lawsuit vs. Oraclempx2012/08/02 08:06 AM
        Article: HP Likely to Win Lawsuit vs. OracleAnonymouse2012/08/04 09:55 PM
          Thank you for finding that! (NT)David Kanter2012/08/05 01:20 AM
            Thank you for finding that!mpx2012/08/05 03:58 AM
    Article: HP Likely to Win Lawsuit vs. OracleDavid Kanter2012/08/01 02:30 PM
      Article: HP Likely to Win Lawsuit vs. Oraclempx2012/08/01 11:01 PM
        Article: HP Likely to Win Lawsuit vs. OracleAnonymouse2012/08/04 10:01 PM
          Article: HP Likely to Win Lawsuit vs. Oraclempx2012/08/05 03:56 AM
            Do you work for Oracle?David Kanter2012/08/05 09:28 AM
              Do you work for Oracle?mpx2012/08/05 01:00 PM
                What you missedGroo2012/08/06 10:22 AM
                  What you missedmpx2012/08/08 11:26 AM
                    What you missedGroo2012/08/08 01:59 PM
  Article: HP Likely to Win Lawsuit vs. HPdefderdar2012/08/01 01:52 PM
    Article: HP Likely to Win Lawsuit vs. HPMark Roulo2012/08/01 02:10 PM
    Article: HP Likely to Win Lawsuit vs. HPmpx2012/08/01 10:19 PM
      Article: HP Likely to Win Lawsuit vs. HPKira2012/08/05 01:26 PM
        Article: HP Likely to Win Lawsuit vs. HPMichael S2012/08/05 01:55 PM
          Article: HP Likely to Win Lawsuit vs. HPDavid Kanter2012/08/05 02:49 PM
            Article: HP Likely to Win Lawsuit vs. HPKira2012/08/05 04:46 PM
            Article: HP Likely to Win Lawsuit vs. HPMichael S2012/08/06 12:02 AM
              Article: HP Likely to Win Lawsuit vs. HPKira2012/08/06 12:25 AM
                Article: HP Likely to Win Lawsuit vs. HPMichael S2012/08/06 12:42 AM
                  Article: HP Likely to Win Lawsuit vs. HPKira2012/08/06 12:46 AM
                    Article: HP Likely to Win Lawsuit vs. HPblaine2012/08/06 11:33 AM
                      Article: HP Likely to Win Lawsuit vs. HPKira2012/08/06 01:36 PM
          Article: HP Likely to Win Lawsuit vs. HPKira2012/08/05 04:45 PM
            Article: HP Likely to Win Lawsuit vs. HPMichael S2012/08/06 12:33 AM
              Article: HP Likely to Win Lawsuit vs. HPKira2012/08/06 12:44 AM
                Article: HP Likely to Win Lawsuit vs. HPMichael S2012/08/06 01:07 AM
                  SAP-SD 2-tier new reporting rulesMichael S2012/08/06 01:15 AM
          Article: HP Likely to Win Lawsuit vs. HPmpx2012/08/05 11:54 PM
            M-series roadmapMichael S2012/08/06 02:16 AM
              M-series roadmapmpx2012/08/06 11:01 PM
                M-series roadmapMichael S2012/08/07 12:34 AM
                  M-series roadmapEduardoS2012/08/07 12:54 AM
                    M-series roadmapMichael S2012/08/07 02:24 AM
                      M-series roadmapEduardoS2012/08/07 03:57 AM
                        M-series roadmapMichael S2012/08/07 01:17 PM
    Like not doing profiling? (NT)Megol2012/08/02 06:11 AM
  Oracle's actions a boon to FLOSS?Win Lawsuit vs. HPPaul A. Clayton2012/08/01 02:18 PM
    Oracle's actions a boon to FLOSS?Win Lawsuit vs. HPJoel2012/08/01 03:43 PM
      Oracle's actions a boon to FLOSS?Win Lawsuit vs. HPDavid Kanter2012/08/01 04:53 PM
      I meant in generalPaul A. Clayton2012/08/01 06:02 PM
        I meant in generalEric2012/08/02 11:55 AM
          Spirit of the agreementblaine2012/08/03 06:45 AM
            Spirit of the agreementGroo2012/08/03 08:09 AM
  OEL?Kira2012/08/01 02:44 PM
    OEL?David Kanter2012/08/01 04:50 PM
      OEL?Ricardo B2012/08/02 05:16 AM
    OEL?Kevin G2012/08/01 06:08 PM
      OEL?Steve Underwood2012/08/02 07:34 PM
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