As HP stands firm in their lawsuit against former CEO Mark Hurd, legal experts are indicating HP will likely be unsuccessful. HP is seeking to block Hurd from taking a job at rival firm Oracle. The two companies compete in the business sector, and HP says Hurd signed agreements to keep HP's trade secrets confidential. HP contends this should bar him from working at a competitor.
The sticking point for HP is that the case is taking place in California, whose courts traditionally favor letting employees move freely. To win the case, HP would have to prove that Hurd's knowledge would provide Oracle with an unfair competitive advantage. This is unlikely to happen.
Oracle CEO Larry Ellisoin has, of course, weighed in and called the lawsuit "vindictive". Whatever the outcome, the relationship between Oracle and HP is probably going to be difficult.
He was in the crosshairs at the start of this year when his mistress of eight years YaVaughnie Wilkins went public with their affair using a billboard campaign. Phillips is also a member of President's Economic Recovery Advisory Board.
His replacement, Mark Hurd, is no stranger to controversies either. It was a sexual-harassment probe that led to Hurd's exit from HP. "Mark did a brilliant job at HP and I expect he'll do even better at Oracle," said CEO Larry Ellison in a statement,” said Oracle CEO Larry Ellison in a statement.
At the time of Hurd's departure from HP, Ellison was critical of of the role HP's board payed in Hurd's exit. In an email sent to the New York Times, he had called it the “the worst personnel decision since the idiots on the Apple board fired Steve Jobs many years ago.”
This, in fact, is a revised version of the report. As per the original, Google was the company with the highest percentage of unpatched flaws in H1 2010. However, Google was quick to dispute IBM's claim that it had left 33 percent of critical and high-risk bugs in its software unpatched: “We learned after investigating that the 33% figure referred to a single unpatched vulnerability out of a total of three — and importantly, the one item that was considered unpatched was only mistakenly considered a security vulnerability due to a terminology mix-up. As a result, the true unpatched rate for these high-risk bugs is 0 out of 2, or 0%.”
But this wasn't the lone mistake in the original, which also erroneously rated Oracle-owned Sun as the vendor with the highest percentage of unpatched vulnerabilities in the first half of 2010. But that honor now belongs to Microsoft.
“After we released our trend report this week, we received feedback from two software vendors regarding the severity and remedy information for some of the vulnerabilities behind this chart,” IBM said in a blog post.“As a consequence of this feedback, we have manually reassessed the CVSS scoring, remedy information, and vendor information for every vulnerability that impacted the percentages that appear in this chart.”
Around a couple of weeks back, Oracle brought a patent infringement action against Google for infringing its “Java-related intellectual property.” The search giant immediately retorted by saying that the lawsuit was without merit, and even went as far as labeling it an attack on both Google and the open-source Java community. It has once again made it clear that there is absolutely no love lost between the two companies.
“We understand that this may disappoint and inconvenience many of you, but we look forward to presenting at other venues soon. We’re proud to participate in the open source Java community, and look forward to finding additional ways to engage and contribute.”
The patent infringement lawsuit against Google pertains to the use of the Dalvik virtual machine for running Java code in Android.
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Google has come out swinging in the wake of Oracle's lawsuit against the search giant for their use of Java in Android. Google calls the lawsuit "baseless" and makes it clear that they will be seeing Oracle in court. The suit is indeed aimed at the Dalvik virtual machine that Android uses to compile and run Java code on the phone. Google said in their statement that technology like Dalvik, "goes beyond any one corporation."
Google is framing this issue as a fight for open standards. Judging by the ton of their response, no one is looking to settle this quietly. More than likely, this will drag on for years. It is interesting that Google's open source operating system is being targeted in multiple legal actions. Still, if there's a company with the resources to devote to defending such a thing, it's Google.
Oracle has issued a statement today saying that they have filed suit against Google for patent and copyright infringement. The target for the lawsuit is reportedly Google's Android mobile operating system. According to Oracle's Karen Tillman, "[Google] knowingly, directly and repeatedly infringed Oracle's Java-related intellectual property." Oracle acquired Java maker Sun last year.
No details are yet available on just what aspects of Android Oracle believes infringes on their intellectual property. The majority of apps on Android are written in Java, and are compiled on the phone. The suit could be related to how Android interprets that code. Several months ago, Apple took legal action against HTC for their use of Android, but did not go after Google itself. Oracle however, is going up against the Big G toe to toe.
We'll keep an eye on this as it develops. It is possible this will be quickly resolved with a cross-licensing deal. Anyone care to place a wager on what Google's response will be?
The U.S. Department of Justice has Oracle in its sights and is slamming the software maker with a lawsuit accusing the company of committing fraud in conjunction with a government contract worth millions of dollars, CNET reports.
"We take seriously allegations that government contractor has dealt dishonestly with the United States," said Tony West, assistant attorney general for the civil division of the Department of Justice, in a statement. "When contractors misrepresent their business practices to the government, taxpayers suffers."
According the lawsuit, Oracle's government customers, such as the State Department, Energy Department, and even the Justice Department, to name a few, received deals "far inferior" to Oracle's commercial clients. The lawsuit goes on to allege that Oracle misrepresented its true commercial sales practices, thereby defrauding the U.S.
If you would have raked in $1.83 billion over the past decade, you'd "only" be the second highest compensated executive, falling short of the $1.84 billion Larry Eillison, founder and chief executive of Oracle, lined his pockets with, according to The Wall Street Journal.
Of course, you and I didn't come in second, but Barry Diller did, who received about $1.14 billion from IAC/InterActive and Expedia.com.
And what about Steve Jobs? He came in fourth with $749 million, trailing behind Occidental Petroleum Crop. CEO Ray Irani at $857 million. In fifth place was Richard Fairbank, CEO of Capital One, who earned $569 million.
Interestingly, four of the top 10 highest-paid executives ran companies whose shareholders held onto the short end of the stick by losing money over the decade. These include IAC/InterActive, Countrywide, Capital One, and Cendant Corp.
According to a Fortune.com report, Oracle co-president Charles Phillips said during an onstage discussion at the Fortune Brainstorm Tech conference in Aspen, Colorado that his company is poised to spend some $70 billion gobbling up businesses within the next five years, a comment which quickly appears to have taken Oracle by surprise.
"While it is highly unlikely that we will spend anything approaching $70 billion in five years, we will be opportunistic and, if market conditions warrant, we will buy additional companies that further our strategic goals and address our customers' needs," spokesman Karen Tillman clarified in a statement.
Phillips may have been a little overambitious with his figures, but it's clear Oracle is looking to scoop up companies. Earlier this month, Oracle issued a $3.25 billion debt offering, part of which it earmarked for "future acquisitions."