back to article Oracle: HP settlement is 'not going to happen'

An Oracle attorney has said that the company won't be settling with HP in the lawsuit over the Itanium processor, after the judge denied both their motions to summarily hand over the win to them. At a hearing in California yesterday, Dan Wall said a settlement "isn't going to happen", Reuters reported. "In this one, it is not …


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  1. LoCatus

    How dumb is HP?

    In my opinion, this is just as stupid as someone taking Microsoft to court cause Windows Vista won't run on their Pentium-II.

    Hey H.P.! Do you have a contract with Oracle that clearly states how long they will support and create new software for your now outdated system? Well? Do ya?

    Or are you simply embarrassed cause as soon as Intel announced the EOL for the Itanium processor some fool went out and purchased a trainload of the things? And now you find there won't be any Oracle support for them. ROFL!!

    Instead of spending the $$ outing a new board with supported hardware, HP would rather waste the money on a frivolous trip through the courts.

    Intel: "We're going to stop making the Itanium."

    Oracle: "O.K. we'll move our programmers over to other projects."

    HP: "But we're still raking in the cash selling Itanium!"

    And folks wonder why the industry is so stagnant. Get with the times HP! Move forward! Design and sell a more up to date system!

    Congratulations HP, You just got added to my list of companies not to do business with. Right under Dell and Apple. LOL!

    1. Matt Bryant Silver badge

      Re: How dumb is HP?

      Oh dear, the quality of trolls nowadays is distinctly lacking. I blame the schools, right after blaming the troll's parents for getting that drunk in the first place. I suppose the lesson for other trolls is, if you're going to go fishing for a bite, at least try reading up a bit beforehand. It will help make you look less stupid than LoCatus.

      "....Do you have a contract with Oracle that clearly states how long they will support and create new software for your now outdated system?...." That is what the courtcase is to decide. HP claim that a joint marketting agreement from before the Sunset includes the provision that Oracle would develop and release on Itanium to the same schedule as Slowaris.

      " soon as Intel announced the EOL for the Itanium processor...." Intel have never announced the EOL of the Itanium, in fact when Larry started sprouting his rubbish Intel were quick to announce continued support for Itanium (, just for the trainee trolls).

      "...And folks wonder why the industry is so stagnant...." I have to wonder if you even work in any computer-related industry. And, no, that POS McDonalds till you probably "work" behind doesn't count.


      1. Oninoshiko

        Re: How dumb is HP?

        I'm going to hope the neg to Matt is for the argumentum ad hominem. The rest of his post is about spot on.

        Yes, HP says they *DO* have a contract. That is why they are in court.

        Remember, just because it's Matt, doesn't make him wrong.

        1. Wunderbar1

          Re: How dumb is HP?

          HP says a lot of things....

          These are the motions and pleadings from the case with the denials of HP and Oracle's motions for summary judgement. The HP "contract" is the Hurd settlement agreement, specifically the paragraph which states that HP and Oracle will continue doing business as they have in the past. As Oracle has already demonstrated with e-mails between HP and their general counsel that this was not meant to include Itanium (HP wanted specific language about Itanium and core factor pricing in the agreement and Oracle said "no, we are not agreeing to any of that"), there isn't much room for HP's argument.

          I am sure Oracle did this to spite HP and to give Sun some opportunities to sell their 90s gear into big Oracle software accounts, but this isn't even the most objectionable lawsuit Oracle is engaged in at the moment. If people are going to be all up in arms, be up in arms about Oracle attempting to make APIs copyrightable, which would mess up software development in general. Telling people that they need to migrate off of Itanium by the time they are ready to upgrade to 12g, which isn't even on the market, isn't an onerous burden. Also, these people knew who they were dealing with coming in. You can't rely on Oracle, but you can rely on Oracle to be Oracle and do whatever is in their interest at any given time.

    2. Wunderbar1

      Re: How dumb is HP?

      Whilst I agree with LoCatus general comments that Itanium is going out, which isn't exactly a recent development, Oracle should not be completely let off the hook.

      Oracle knew prior to 2009 when they acquired Sun that the outlook for Itanic was bleak and that Intel was focused on x86 for the future, as did the rest of the world. They nevertheless didn't have a problem with pushing HP-UX as a platform, even the preferred platform, for their software. This was primarily because in giant Oracle accounts that are going to run Unix for the RAS and the big OS images there were three options. Sun, not a great option as it looked like they might go bankrupt and their Sparc servers not at all designed for database workloads. IBM Power, which is a good chip architecture for DB, but they were/are Oracle's largest enterprise DB competitor. HP, Itanium is certainly better suited than Sparc for DB and, prior to Soracle, Oracle did not have competitive areas with HP... so they pushed HP, knowing full well what they supposedly uncovered in 2010 about Itanium.

      Oracle is definitely not just dropping Itanium so they can "move their programmers" to better projects, like Sparc T. If this were just an Oracle decision about which chip sets looked they had a strong future and would be preferred by customers for Oracle DB, Sparc should have been dropped with Itanium. Itanium probably has multiple times more Oracle DB users than Sparc and Sparc's future doesn't look anymore promising than Itanium... Sparc wasn't dropped, for obvious reasons.

  2. asdf Silver badge

    HP Oracle

    Hey birds of a feather. Two former giants of industry whose best days are behind them. With db and ink sales sure to continue for years to come it will be slow gentle glide into irrelevance.

  3. GoGlen

    Hmm... HP fired John Hurd, who is now big-honch at Oracle... coincidence?

    Nah. There could not possibly be any bitterness between them.

    After all, John Hurd is getting mega-bucks from his BFF Larry. Chances are, they need to cut expenses to justify the absurd salary for Hurd (a position that was created out-of-thin-air, for no reason other than for John).

    1. Anonymous Coward
      Anonymous Coward

      Re: Hmm... HP fired John Hurd, who is now big-honch at Oracle... coincidence?

      Wow, Oracle has both John Hurd *and* Mark Hurd?

      Can't say I've heard of John before. Which dept did he work in?

  4. Allison Park

    HP has no case

    HP has a right to complain about Oracle's unconsumer behavior, but its perfectly legal. I have read the HP and Oracle court documents and there is nothing that supports HP's case.

    Hard to believe this whole thing rest on HP getting a press release out of Oracle to say they will still work together. Nothing specific and certainly nothing about Itanium.

    While Oracle seems mean what is worse is HP has been deceitful to their customers.

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