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Oracle sues HP Enterprise for illegally “intercepting” customers and software

Oracle sued HP Enterprise for illegally providing technical support to customers using the Oracle Solaris operating system.

HP collaborated with Terix Computer , a third-party distributor of this operating system. As a result, Oracle suffered serious losses, according to its representatives. HP Enterprise must now pay back the damage.

In addition, Oracle has demanded that HP Enterprise ban distribution of updates for Solaris and warn others against this behavior.
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Oracle requires its customers to use Oracle technical support instead of receiving it from third-party companies.

“In order to get additional revenue from the provision of support services, HP Enterprise deliberately deceived customers by telling them that HP and Terix have the legal right to distribute Solaris updates and provide other support services and do so at lower rates than Oracle. Then, along with Terix, the company improperly gained access to proprietary updates of Solaris and passed them on to its customers, ”CNews reports the Russian text of the Oracle statement.

In its financial statements, Oracle does not reflect revenue from software support services, but it is known that such payments can be large and bring a considerable margin to the company.

In the third quarter of 2015-2016 fiscal year ended February 29, 2016, Oracle's revenue from the renewal of the licensing agreement and the provision of software support services reached $ 4.7 billion, which accounted for 52% of the total corporate revenue for the 3-month period.

A complaint is filed with the District Court for the Northern District of California. Oracle claims that HP Enterprise was aware that Terix does not have the right to provide support services for Oracle products. The lawsuit even states that HP Enterprise employees understood this and tried to convey to management and the legal department of the company that if they provided support through Terix, copyright law and Oracle product support rules would be violated.

Old abacus


This judicial confrontation of American IT giants is not the first in recent years. For official maintenance, Oracle requires an annual agreement to receive technical support. Customers of the company who purchase these services from Oracle receive an identification number, through which they create an account on the tech support site.

In the spring of 2015, Oracle won a lawsuit in which it accused Terix of violating the copyright on Solaris and the illegal distribution of proprietary software and related services. Then Oracle received $ 57.7 million from the defendant. How much damage Oracle intends to recover from HP Enterprise is not yet known.

In 2010, Hewlett-Packard Co. , from which HP Enterprise emerged in November 2015, went to court to prohibit the transfer of its former CEO Mark Hurd to Oracle. A year later, HP demanded by Oracle that Oracle continue to provide software support for HP high-end servers.

Source: https://habr.com/ru/post/299606/


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