Oracle has been ordered to pay HP $3 billion in damages by a California jury over HP's claim that Oracle reneged on a deal to support HP computer servers running on Itanium chips from Intel. Oracle said it will appeal. BBC reports:The court battle over the contract was settled in 2012 but the damages HPE was due have only now been agreed. HP was split into two in 2015 with HPE taking over the running of its servers and services business. In court, HPE argued that although the 2012 legal judgement meant Oracle had resumed making software for the powerful chips, its business had suffered harm. It argued that Oracle took the decision in 2011 to stop supporting Itanium in a bid to get customers to move to hardware made by Sun -- a hardware firm owned by Oracle. Oracle said that its decision in 2011 was driven by a realisation that Itanium was coming to the end of its life. It also argued that the contract it signed never obliged it to keep producing software in perpetuity. Intel stopped making Itanium chips in late 2012 and many companies that used servers built around them have now moved to more powerful processors.

In an interview with The Atlantic, Ev Williams, best known for co-founding Blogger, Twitter, and Medium, says the web is about money now -- and not creativity. According to him, the burst of creativity has repeatedly been followed by big companies showing up and locking it down. From the article: But the thing about dreaming up a future, and making it real, is then you have to live in it. Back in San Francisco, coming out of the BART station on Market Street, he admits that the web game has changed since he came up. [Editor's note: he is talking about web services that allow you to book a taxi with an app, pay for stuff you purchase with your phone]. "There were always ecommerce startups," he says. "I was never part of that world, and we kind of looked down on them when the whole boom was happening. We were creating businesses, but ours had more creativity, ours weren't just for the money. Or maybe ours were even for utility but not just money, whereas clearly there are ways for both." He laughs. "Even the Google guys -- they were trying to create something really useful and good for the world, and they made all the money." Software developer and writer Dave Winer disagrees. He believes that not all technologies are money-driven -- at least when you look at it from a different perspective. He writes: The fun is over. Now it's about money. I guess that's what you see from his perspective. And from Facebook, Apple and Google, and maybe Oracle and Salesforce, and a few others. But there are technologies that went a different way. My favorite example is Manhattan's relationship to Central Park. The apartment buildings around the park are the money, and the creativity is in the park. The buildings are exclusive, the most expensive real estate in the world. The park is open to anyone, rich or poor, from anywhere in the world. The park is the engine of renewal. It's where the new stuff comes from. The buildings are where the money is parked. In the interview Williams did with the Atlantic, in NYC, they looked into the park from a nearby hotel. That's one valid perspective of course. Or you could go for a walk and see wha''s happening inside the park. You can see a great concert at Lincoln Center or Carnegie Hall, but there's great music in the park too. It's different. But it's good music. And the price is right.

The Air Force now says it will be able to recover those 100,000 investigation files dating back to 2004, after "aggressively leveraging all vendor and department capabilities." An anonymous reader quotes a report from Government Executive about the mysteriously corrupted database: In a short, four-sentence statement released midday on Wednesday, service officials said the Air Force continues to investigate the embarrassing incident in which the files and their backups were corrupted. "Through extensive data recovery efforts over the weekend and this week, the Air Force has been able to regain access to the data in the Air Force Inspector General Automated Case Tracking System..." the statement reads. Earlier on Wednesday, the Air Force chief of staff said that the effort to recover the files involved Lockheed Martin and Oracle, the two defense contractors that run the database, plus Air Force cyber and defense cyber crime personnel.
The Chief of Staff hopes "there won't be a long-term impact, other than making sure we understand exactly what happened, how it happened and how we keep it from ever happening again." The Air Force is conducting an independent review, while Lockheed Martin is now also performing a separate internal review.

Joe Mullin, reporting for Ars Technica: Google successfully made its case to a jury last month that its use of Java APIs in Android was "fair use," and the verdict rejected Oracle's claim that the mobile system infringed its copyrights. After Google argued its case, though, Oracle filed a motion arguing that the judge should decide as a matter of law that fair use didn't cover it. In the wake of the jury's pro-Google verdict, Oracle's motion was its last hope of a trial victory. It didn't happen; US District Judge William Alsup shot down the motion on Wednesday. The same order also denied Google's motion making similar arguments, filed at the close of trial but before the jury's verdict. Alsup's stinging order [PDF], which rejects Oracle's argument [PDF] on every front, hardly comes as a surprise. But the document provides the first insights as to what Oracle might bring up in an appeal proceeding, which the company has said it will pursue. In the order, Alsup defends how he ran the trial. The evidence and instructions presented to the jury were a mix of mandates from the appeals court, which overruled Alsup on the key issue of API copyrightability, and modifications urged by both sides' lawyers.

Svetlana Blackburn, a former senior finance manager for Oracle claims that the company has fired her for not "inflating" revenues in its cloud services division. She alleges that her bosses had instructed her to add "millions of dollars of accruals" for expected business "with no concrete or foreseeable billing to support the numbers." Oracle eventually inflated the numbers without her assistance, anyway, she adds. From NBC News report: The lawsuit, filed on Wednesday in U.S. District Court in San Francisco by former Oracle senior finance manager Svetlana Blackburn, also revives longstanding questions about proper accounting when software and computer services are bought on a subscription basis rather than as a single package, analysts said. Those questions are becoming more urgent as companies including Oracle, IBM, Microsoft and SAP race to transform their businesses for an era in which customers no longer own and operate their own information technology systems and instead lease computing services and software from cloud vendors using vast data centers.A spokesperson for Oracle says that Blackburn's claims are wrong, adding, "We are confident that all our cloud accounting is proper and correct."

An anonymous reader write: "The spread of the tech industry outside Silicon Valley has helped make Denver the fastest-growing large city in the U.S.," reports the New Yorker, saying it's now growing faster than Austin and Seattle, becoming one of America's 20 most populous cities. Cost-conscious investors and tech executives now are opening offices in cheaper "secondary cities" outside of Silicon Valley, like Salt Lake City, and the good universities near Denver mean a well-educated workforce, coupled with a low cost of living.

"Though the city isn't the headquarters for any big tech companies -- like Dell in the Austin area or Microsoft and Amazon in Seattle -- several of them, including IBM and Oracle, have offices here. The presence of those offices, and of the universities, has also helped create a vibrant startup scene: people get educated here or come here for jobs, and then they graduate or leave those jobs and become entrepreneurs." Last year venture capitalists invested $800 million in Demver's tech, energy, food, and marijuana companies, and in 2014 Oracle paid over a billion dollars to acquire Denver-based Datalogix.
Anyone else live in a burgeoning "secondary" tech city? Scott McNealy said he co-founded his data-analysis startup in Denver because in California "The prices of everything have skyrocketed. The regulations. The pension deficit. The traffic. It's just not a fun place to go start."

Annette Hurst, an attorney at Orrick, Herrington & Sutcliffe who represented Oracle in the recent Oracle v. Google trial, has written an opinion piece for Ars Technica in which she urges developers and creators to not celebrate Google's win in the hard-fought copyright case as the decision -- if remains intact -- is poised to make them "suffer" everywhere and also the free software movement itself "now faces substantial jeopardy." As you're aware, in a verdict earlier this week, a federal court announced that Google's Android operating system didn't infringe on Oracle-owned copyrights because its re-implementation of 37 Java APIs is protected by "fair use." Hurst writes: No business trying to commercialize software with any element of open software can afford to ignore this verdict. Dual licensing models are very common and have long depended upon a delicate balance between free use and commercial use. Royalties from licensed commercial exploitation fuel continued development and innovation of an open and free option. The balance depends upon adherence to the license restrictions in the open and free option. This jury's verdict suggests that such restrictions are now meaningless, since disregarding them is simply a matter of claiming "fair use." It is hard to see how GPL can survive such a result. In fact, it is hard to see how ownership of a copy of any software protected by copyright can survive this result. Software businesses now must accelerate their move to the cloud where everything can be controlled as a service rather than software. Consumers can expect to find decreasing options to own anything for themselves, decreasing options to control their data, decreasing options to protect their privacy.

infernalC writes: Ars Technica is reporting that the verdict is in, and that the jury decided that Google's duplication of several Java interfaces is fair use. Ars Technica writes that Google's Android OS does not infringe upon Oracle-owned copyrights because its re-implementation of 37 Java APIs is protected by "fair use." The jury unanimously answered "yes" in response to whether or not Google's use of Java APIs was a "fair use" under copyright law. The trial is now over, since Google won. "Google's win somewhat softens the blow to software developers who previously thought programming language APIs were free to use," Ars Technica writes. "It's still the case that APIs can be protected by copyright under the law of at least one appeals court. However, the first high-profile attempt to control APIs with copyright law has now been stymied by a "fair use" defense." The amount Oracle may have asked for in damages could have been as much as $9 billion.

An anonymous reader writes: Apple, Microsoft, and Google are the top three cash-rich U.S. companies across all sectors of business, not including banks and other financial institutions -- holding a combined $391 billion in cash as of the end of 2015, or more than 23 percent of the entire $1.68 trillion held by the nation's non-financial corporations. Apple leads the pack with $215.7 billion in cash, followed by Microsoft at $102.6 billion, and Google at $73.1 billion. The numbers are documented in a new report from Moody's Investors Service that shows an unprecedented concentration of cash in the tech sector. For the first time, the top five companies on the Moody's cash ranking are tech companies, with Cisco and Oracle following Apple, Microsoft, and Google. Technology companies overall held $777 billion in cash, or 46 percent of the total cash across all non-financial industries.

An anonymous reader writes: Moody's Investors Service released an analysis Friday that shows Apple, Microsoft, Alphabet, Cisco Systems, and Oracle are sitting on $504 billion, which is roughly 30% of the $1.7 trillion in cash and cash equivalents held by U.S. non-financial companies in 2015. Almost all of their earnings ($1.2 trillion) are stashed overseas in an effort to avoid paying taxes on moving profits back to the U.S. under the country's complex tax code. Apple has more than 90 percent of its money located outside of the U.S., according to its most recent filings. Moody's said in its report that "we expect that overseas cash balances will continue to grow unless tax laws are changed to encourage companies to repatriate money." Some of the other tech and Silicon Valley companies in the top 50 include Intel, Gilead Sciences, Facebook, Amazon, Qualcomm, eBay, Hewlett-Packard and Yahoo.

Alphabet CEO Larry Page says his company never considered getting permission from Oracle for using the latter's Java APIs in Android. Page, who appeared in a federal court, said Java APIs are open and free, which warrants them or anyone to use it without explicit permission from Oracle. From an Ars Technica report (edited for clarity): "But you did copy the code and copy the structure, sequence, and organization of the APIs?" Oracle attorney Peter Bicks asked, raising his voice. "I don't agree with 'copy code,'" Page said. "For me, declaring code is not code," Page said. "Have you paid anything to Oracle for using that intellectual property?" Bicks asked. "When Sun established Java, they established it as an open source thing," Page said. "I believe the APIs we used were pretty open. No, we didn't pay for the free and open things." [...] "Was Google seeking a license for Java?" Google lawyer Robert Van Nest asked. "Yes, and a broader deal around other things, like branding and cooperation," Page said. "After discussions with Sun broke off, did you believe Google needed a license for APIs?" Van Nest asked. "No, I did not believe that," Page said. "It was established industry practice that the API and just the headers of those things could be taken and re-implemented. [It must be done] very carefully, not to use any existing implementation of those systems. That's been done many, many times. I think we acted responsibly and carefully around these intellectual property issues."

theodp writes: The problem with Oracle v. Google," explains Motherboard's Sarah Jeong, "is that everyone actually affected by the case knows what an API is, but the whole affair is being decided by people who don't, from the normals in the jury box to the normals at the Supreme Court." Which has Google's witnesses "really, really worried that the jury does not understand nerd shit." Jeong writes, "Eric Schmidt sought to describe APIs and languages using power plugs as an analogy. Jonathan Schwartz tried his hand at explaining with 'breakfast menus,' only to have Judge William Alsup respond witheringly, 'I don't know what the witness just said. The thing about the breakfast menu makes no sense.'

"Schwartz's second attempt at the breakfast menu analogy went much better, as he explained that although two different restaurants could have hamburgers on the menu, the actual hamburgers themselves were different -- the terms on the menu were an API, and the hamburgers were implementations." And Schwarz's explanation that the acronym GNU stands for 'GNU is Not Unix' drew the following exchange: "The G part stands for GNU?" Alsup asked in disbelief. "Yes," said Schwartz on the stand. "That doesn't make any sense," said the 71-year-old Clinton appointee.

An anonymous reader cites a story on Ars Technica: Maintainers of the OpenSSL cryptographic library have patched high-severity holes that could make it possible for attackers to decrypt login credentials or execute malicious code on Web servers. The updates were released Tuesday morning for both versions 1.0.1 and 1.0.2 of OpenSSL, which a large portion of the Internet relies on to cryptographically protect sensitive Web and e-mail traffic using the transport layer security protocol. OpenSSL advisories labeled the severity of both vulnerabilities "high," meaning the updates fixing them should be installed as soon as possible. The fixes bring the latest supported versions to 1.0.1t and 1.0.2h. The decryption vulnerability is the result of what cryptographers call a padding oracle weakness, which allows attackers to repeatedly probe an encrypted payload for clues about the plaintext content inside. According to TLS expert Filippo Valsorda, the bug allows for only 16 bytes of encrypted traffic to be recovered, and even then only when an end user sends it repeatedly.

snydeq writes: InfoWorld's Dan Tynan offers an inside look at how high-tech software vendors such as Adobe, Oracle, and IBM play hardball over software licensing, pushing customers to "true up" to the tune of billions of dollars per year -- and using the threat of audits as a sales tool to close lucrative deals. "When it comes to software audits, the code of omerta prevails," Tynan writes. "It's not a question of whether your organizations' software licenses will get audited. It's only a question of when, how often, and how painful the audits will be. The shakedown is such a sure thing that nearly every customer we contacted asked us to keep their names out of this story, lest it make their employers a target for future audits."

An anonymous reader writes: Oracle has released the April 2016 Critical Patch Update, which provides fixes for 136 vulnerabilities in 49 products, including Java SE and MySQL, the company's Database Server and E-Business Suite, its Fusion Middleware, and its Sun Systems Products Suite. "Oracle continues to periodically receive reports of attempts to maliciously exploit vulnerabilities for which Oracle has already released fixes. In some instances, it has been reported that attackers have been successful because targeted customers had failed to apply available Oracle patches. Oracle therefore strongly recommends that customers remain on actively-supported versions and apply Critical Patch Update fixes without delay," the company advised.

Google now faces more competition charges in the European Union. The EU has accused Google of skewing the market against competitors with its Android mobile operating system. The 28-member state bloc's antitrust commissioner concluded in a preliminary decision that the search giant has abused its dominant position in the market by imposing restrictions on Android device makers. "What we found is that Google pursues an overall strategy on mobile devices to protect and expand its dominant position in internet search," said Margrethe Vestager, the EU competition chief. "The commission is concerned that Google's behaviour has harmed consumers by restricting competition and innovation," she added. "Rival search engines and mobile operating systems have not been able to compete on their merits. This is not good." Google has three months to respond to the aforementioned charges. The New York Times reports: Europe's antitrust charges might not necessarily lead to financial or other penalties against Google. If it is found to have broken the region's rules, though, the company may face fines of up to 10 percent of its global revenue, or roughly $7 billion, the maximum allowable amount. Google denies that it has broken European competition rules, saying that its dealings with cellphone manufacturers like Samsung and HTC, among others, are voluntary, and that rival mobile services are readily available on its Android software.According to EU, Google has breached antitrust rules by:1. requiring manufacturers to pre-install Google Search and Google's Chrome browser and requiring them to set Google Search as default search service on their devices, as a condition to license certain Google proprietary apps; 2. preventing manufacturers from selling smart mobile devices running on competing operating systems based on the Android open source code; 3. giving financial incentives to manufacturers and mobile network operators on condition that they exclusively pre-install Google Search on their devices."The joke in Google's cafeteria today will be "let them use bing," said Andrew Parker, VC. "So disappointing that browser dominance on Android is the only thing that the EU can get worked up about," Blaine Cook, co-founder of Poetica noted. "The European Commission's statement of objections against Android lends further credibility to Oracle's $9B copyright claim," Florian Mueller, the founder of FOSS Patents blog wrote.

An anonymous reader writes: Google and Oracle executives met for six hours Friday in an unsuccessful attempt to resolve an ongoing copyright lawsuit. "Because an agreement couldn't be made, the next phase of the case will head to court in May, where a jury will decide if Google had the right to use certain parts of Oracle's programming language, Java, for free or if it owes Oracle damages..." reports Business Insider. "Last month, Google said that its damages expert strongly disagreed that it should owe Oracle upward of $8 billion for using certain parts of Oracle's software in its smartphone operating system, Android."
Friday's court-ordered talk included both Google CEO Sundar Pichai and Oracle CEO Safra Catz, and it marks the second time the two companies have failed to reach an out-of-court settlement, a fact alluded to by the case's judge in newly-released documents. "After an earlier run at settling this case failed, the court observed that some cases just need to be tried," reports the court docket. "This case apparently needs to be tried twice."

An anonymous reader writes: Wim Coekaerts, formerly Oracle's Senior VP of Linux and Virtualization Engineering, has left Oracle for Microsoft. Many of you may know of Coekaerts as "Mr. Linux" as he delivered the first Linux products, transitioned Oracle's programming staff from Windows to Linux desktops, and turned Oracle into a Linux distributor with the launch of its Red Hat Enterprise Linux (RHEL) clone, Oracle Linux. Mike Neil, Microsoft's Corporate Vice President of the Enterprise Cloud, told ZDNet, "Wim Coekaerts has joined Microsoft as Corp VP of Open Source in our Enterprise Cloud Group. As we continue to deepen our commitment to open source, Wim will focus on deepening our engagement, contributions and innovation to the open-source community."

angry tapir quotes a report from Computerworld: Oracle is seeking as much as $9.3 billion in damages in a long-running copyright lawsuit against Google over its use of Java in Android, court filings show. Oracle sued Google six years ago, claiming the search giant needs a license to use parts of the Java platform in Google's market-leading mobile OS. The two companies first went to trial in 2012, but the jury was split on whether or not Google's use of Java was protected by "fair use." Now they're headed back to the courtroom for a new trial scheduled to begin May 9, where Oracle's Larry Ellison and Google's Eric Schmidt will be present. Currently, the sum Oracle is asking for is about 10 times as much as when the two companies went to trial in 2012.

An anonymous reader writes: A group of independent security researchers and major Silicon Valley tech giants have submitted a proposal for a new email protocol called SMTP STS (Strict Transport Security). In theory, this new extension looks like the HSTS (HTTP Strict Transport Security) extension to HTTPS. Much like HSTS, SMTP STS brings message confidentiality and server authenticity to the process of starting an encrypted email communications channel. HSTS works alongside HTTPS to avoid SSL/TLS downgrades and MitM attacks. to avoid SSL/TLS downgrades and MitM attacks. The biggest names on the contributors list include Microsoft, Google, Yahoo, LinkedIn, and Comcast. Last year, Oracle also submitted a similar proposal called DEEP (Deployable Enhanced Email Privacy).