Hewlett-Packard is trying to get the European Commission to investigate Oracle for refusing to port any more of its software to HP’s high-end Itanium machines.
HP claims that Oracle is abusing its software strength to freeze it out of the hardware market, according to Reuters. The wire service said the disclosure came in a hearing Tuesday concerning HP’s suit against Oracle for pulling its support.
Oracle maintains that the Itanium is at end-of-life. HP claims Oracle is trying to migrate Itanium users to its Sun Sparc machines. Oracle says HP is perpetrating a fraud on the marketplace by artificially propping up Itanium.
The court is reportedly pressing HP and Oracle to settle now that Meg Whitman is running HP, not ex-SAP exec and Oracle enemy Leo Apotheker. Apparently there’s little chance of a settlement.
Meanwhile, Oracle claimed in a court filing that it’s confirmed from discovery gotten from HP that what it’s maintained for months is true – that there’s a “top-secret” pact between Intel and HP to keep the Itanium chip alive for two more generations and that HP is paying Intel to keep the part going despite Intel’s better judgment.
If Intel had its way, Oracle claims, it would kill the thing off for lack of sales. Instead Intel is forced to pretend that the “dead microprocessor is still alive” and “has a future” so HP can keep cleaning up on HP-UX service and support fees, fees it would lose if Itanium customers went to Linux-based x86 boxes.
“HP understands,” Oracle says, “that the future prospects of IT products drive customer purchasing decisions. A buyer who knew that Intel saw no future for Itanium, and was only continuing to invest in the line pursuant to a contractual obligation would devalue the future prospects of Itanium servers and be less inclined to buy.”
Unhappily the juicier bits of what Oracle told a court are redacted.
HP is suing Oracle for refusing in March to keep porting its software to the chip. HP claims it’s because Oracle bought Sun and Sun’s Sparc machines compete against its high-end Itanium systems. It says Oracle made its decision to force customers onto Sparc. Meantime it’s paralyzing the marketplace with uncertainty.
Oracle claims it’s the victim.
HP and Intel co-developed the processor back in the 90s on the supposition that the 64-bit part would go mainstream. Instead HP is practically the only company that uses it and it has billions riding on it although sales are down 23%.
HP claims Oracle is contractually obligated to support the chip. Oracle says it’s not.
Oracle wants the February 27 trial delayed claiming it hasn’t been able to get all the discovery it’s demanded and depositions haven’t even been scheduled. It wants documents from Intel and they’re proving hard to get, it said.
Both HP and Intel have denied Oracle’s contentions. Intel CEO Paul Otellini has said the Itanium roadmap goes beyond more than two generations.