http://www.scefiling.org/filingdocs/194/46062/endorse_74100_203163_order.pdf
seems to provide a good summary of the legal battle.
This appears to hinge on the Hurd agreement where HP would drop the
lawsuit because Oracle hired Hurd in exchange for Oracle renewing its
commitment to a good relationship with HP which includes continued IA64
development.
Oracle argues that HP decieved Oracle by hiding serious issues. Not
only is there the issue of the future of IA64, but also the hiring by HP
of Apotheker (ex SAP) and Ray Lane (ex Oracle) with intentions to seer
HP into enterprise software and thus compete head to head against Oracle
instead of being complimentary vendors.
HP widtheld the information that IA64 is still alive solely due to
payments of roughly $88 millioN/year by HP to Intel and that Intel has
no intentions to continue developing the chip by itself.
However the following document is far more interesting:
http://www.scefiling.org/filingdocs/14198/46188/endorse_74225_AmendedxCrossxComplaint.pdf
provides Oracle's accusations and is pretty damning.
So it appears that my 2004 speculation was right. As you may recall,
Intel announced not only 64 bit 8086s but also the use of CSI for the
8086 as well by 2007. This was late and arrived end of 2008. My
specualtion was that once the 8087 has CSI and 64 bits, there would be
no advantage left to IA64 and it could be abandonned.
Turns out that Intel did want to abandon IA64 by 2008 and that HP signed
another contract to keep it on life support. Based on text in the first
document this was to the tune of $88million/year.
paragraph 9: (line 18 of page number 3 (page 4 in PDF):
"First, HP-UX was (ans is) HP's only proprietary operating system for
its servers, and HP uses it only for its Itanium-based servers.
later on: In othr words, HP had backed itself into a corner,
overselling its Itanium solutions and under-selling its Xeon solutions
to that point that Intel,s decision to dease Itanium production was life
threathening. As HP's Senior Vice President and General Manager in
charge of its Business Critical Systems unit put it, HP was
"strategically screwed".
HP therefore made a bold play: see it it could entice Intel to continue
to manufacture Itaium chips y paying it hundreds of millions of dollars
to continue producing Itanium chips for a period of time -- but
*secretely* -- so that HO ciuld also pass off to the owrld that nothing
had changed, the Itanium processor was still alive and well and INtel's
commitment to it had not wavered.
The march 2008 agreement between Intel and HP : $440 million to prolong
IA64 for 3 more generations. Tukwila in 2009, Poulson in 2011 and
Kittson in 2012. UNDER THAT AGREEENT KITTSON WOULD BE THE LAST ITANIUM
CHIP, WHICH INTEL AGREED TO PRODUCED THROUGH 2014. (emphasis mine)
This did not cover the cost of the chips which HP still had to purchase.
Oracle's beef is that HP kept this agreement secret even to its own
sales force in orde rto maintain the illusion that IA64 was healthy. So
when Oracle signed the Hurd agreement, it was under the false illusion
that IA64 was far healtier with longer life time than was planned in
reality. Hence the wilfull deception by HP.
One of the graphs obtained by Oracle from HP inludes curves showing
revenue growth/decline. This includes the Alphaserver e3000 and H 9000
end of life slope, Integrity end of life slope startng in FY 2012 when
the market would realise the IA64 end of life, and one most intereing
curve: "Includes aggressive growth with Superdome X86 and HP-UX/x86"
The 8086 Superdomes have already been annonced.
But before you rejoice at the though of VMS and NSK also ported to the 8086:
Paragraph 17: Instead, in 2010, HP extended the "Itanium collaboration
Agreement" and the fraud on consumers and Oracle. It did so when it
decided, contrary to its original plan, not to continue the effort to
post HP-UX to the Xeon platform by the time Intel ceased producing Itanium.
October 1020: HP extends the agreement with Intel to the tune of 250
million dollars for 3 more years of Itanium production and stretch the
roadmap by changing the date Kittson is to released, and introducing
K22+, a Kittson speed bump to be introduced 2 years later. This should
allow BCS to survive until 2017.
This deal includes Intel's request to stop deveopping IA64 chipsets, so
Kittson will be socket compatible with Xeons since this will save Intel
lots of money.