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Oracle wants seal busted on HP's Itanium suit

Oracle has called on a California court to publicly reveal the sealed portions of the lawsuit HP brought against the software company over Intel's Itanium processor.

HP says its happy to make the documents public, but there's a caveat involving the settlement agreement between the two companies over ex–HP CEO Mark Hurd. Even when they agree, these two disagree.

Oracle started this row with HP at the end of March when it said it would cease development on future versions of its database, middleware, and application software on Intel's Itanium server chip. Itanium is important to HP because it's the only processor that supports the current versions of the company's HP-UX Unix, OpenVMS, and NonStop operating systems.

HP-UX is a particularly touchy area because it's a popular platform for supporting ERP applications at midrange and enterprise customers, and those applications are often underpinned by an Oracle database. A substantial portion of HP's profits in the system racket are derived from hardware, software, and services sold in conjunction with these Itanium-based Integrity servers.

Since Oracle's announcement, the two companies have waged a war of PR statements. According to Oracle, Intel has committed to the Xeon chip as its long-term server platform, and there's no future for Itanium beyond the "Kittson" processors due in 2014 or so. Oracle claims that HP knows this and is not being truthful about it. HP has countered that it has a ten-year plan to support its operating systems on Itanium processors.

HP has been waiting, in vain, for Intel to say there is something out there beyond the Kittson Itaniums. (Intel has hinted at this unofficially to customers , but has not said so publicly).

On June 8, HP sent Oracle co-president Safra Catz, a letter of demand that basically said that Oracle was in violation of contractual agreements between the two parties. Oracle ignored this, and a week later, HP took Oracle to court .

Once again, Oracle contended that HP knew that the Itanium was going to get the axe and asked for Oracle to commit to future software development on the Itanium chip as part of its settlement agreement with Oracle over that company's hiring of former HP CEO and chairman, Mark Hurd.

As part of that lawsuit , HP asked the court to seal parts of the document, including the first three of the ten claims HP is making in its suit. The charges, as well as the remedies that HP is seeking to rectify these claims, were blacked out. This makes analyzing exactly what the problem is a bit difficult for everyone but the lawyers and the judges.

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