Steven Vaughan-Nichols writes via ZDNet: I'd been waiting for Oracle to throw its hat into the ring for the Red Hat Enterprise Linux (RHEL) Linux source-code fight. I knew it was only a matter of time. On July 10, Oracle's Edward Screven, chief corporate architect, and Wim Coekaerts, head of Oracle Linux development, declared: "IBM's actions are not in your best interest. By killing CentOS as a RHEL alternative and attacking AlmaLinux and Rocky Linux, IBM is eliminating one way your customers save money and make a larger share of their wallet available to you."

In fact, Oracle now presents itself as an open-source Linux champion: "Oracle has always made Oracle Linux binaries and source freely available to all. We do not have subscription agreements that interfere with a subscriber's rights to redistribute Oracle Linux. On the other hand, IBM subscription agreements specify that you're in breach if you use those subscription services to exercise your GPLv2 rights." As of June 21, IBM no longer publicly releases RHEL source code -- in short, the gloves are off, and the fight's on. But this is also just the latest move in a fight that's older than many of you. [...]

Mike McGrath, Red Hat's vice president of core platforms, explained why Red Hat would no longer be releasing RHEL's code, but only CentOS Stream's code, because "thousands of [Red Hat] people spend their time writing code to enable new features, fixing bugs, integrating different packages and then supporting that work for a long time ... We have to pay the people to do that work." That sentiment is certainly true. But I also feel that Oracle takes the worst possible spin, with Screven and Coekaerts commenting: "IBM doesn't want to continue publicly releasing RHEL source code because it has to pay its engineers? That seems odd, given that Red Hat as a successful independent open source company chose to publicly release RHEL source and pay its engineers for many years before IBM acquired Red Hat in 2019 for $34 billion."

So, what will Oracle do now? For starters, Oracle Linux will continue to be RHEL-compatible through RHEL 9.2. After that release -- and without access to the published RHEL source code -- there are no guarantees. But Screven and Coekaerts suggest that "if an incompatibility does affect a customer or ISV, Oracle will work to remediate the problem." As for Oracle Linux's code: "Oracle is committed to Linux freedom. Oracle makes the following promise: as long as Oracle distributes Linux, Oracle will make the binaries and source code for that distribution publicly and freely available. Furthermore, Oracle welcomes downstream distributions of every kind, community, and commercial. We are happy to work with distributors to ease that process, work together on the content of Oracle Linux, and ensure Oracle software products are certified on your distribution."

John.Banister writes: SUSE announced that they're spending $10 million on maintaining a fork of RHEL, with the source code of the fork to be freely available to all. I don't know that people who want to copy RHEL source will necessarily see copying the source of a fork as furthering their goals, but it could be that SUSE will build a nice alternative enterprise Linux to complement their current product. And, I reckon, better SUSE than Oracle, since I keep reading comments on people getting screwed by Oracle, but not so many on people getting screwed by SUSE. ZDNet's Steven Vaughan-Nichols writes: This all started when Red Hat's VP of core platforms, Mike McGrath, declared, "CentOS Stream will now be the sole repository for public RHEL-related source code releases. For Red Hat customers and partners, source code will remain available via the Red Hat Customer Portal." That may not sound like much to you, but those were fighting words to many open-source and Linux distributors. According to Linux's fundamental license, the GPLv2, no restrictions can be placed on distributing the source code to those who've received the binaries. In the view of many in the open-source community, that's exactly what Red Hat has done.

Others see this as the latest step in the long dance between Red Hat's business licensing demands and open-source licensing. Red Hat has had conflicts with the RHEL clones since 2005, when Red Hat's trademarks were the issue of the day. Usually, these fights stayed confined to the RHEL and its immediate clone rivals. Not this time.

Dirk-Peter van Leeuwen, SUSE CEO, said this: "For decades, collaboration and shared success have been the building blocks of our open-source community. We have a responsibility to defend these values. This investment will preserve the flow of innovation for years to come and ensures that customers and community alike are not subjected to vendor lock-in and have genuine choice tomorrow as well as today." What does that mean? While SUSE will continue to invest in and support its own Linux distributions, SUSE Linux Enterprise (SLE) and openSUSE, SUSE plans on creating its own RHEL-compatible clone. Once completed, this new distro will be contributed to an open-source foundation, which will provide ongoing free access to alternative source code.

Oracle is spending "billions" of dollars on chips from Nvidia as it expands a cloud computing service targeting a new wave of artificial intelligence companies, Oracle founder and Chairman Larry Ellison said. From a report: Oracle's cloud division is working to gain ground against larger rivals such as Amazon Web Services and Microsoft. To get an edge, Oracle has focused on building fast networks that can shuffle around the huge amount of data needed to create AI systems similar to ChatGPT.

Oracle is also buying huge numbers of GPUs designed to crunch that data for AI work. Oracle is also spending "billions" of dollars on Nvidia chips but even more on CPUs from Ampere Computing, a chip startup it has invested in, and AMD, Ellison said at an Ampere event.

"CentOS Stream will now be the sole repository for public RHEL-related source code releases..." Red Hat posted this week on its blog, arguing that "The engagement around CentOS Stream, the engineering levels of investment, and the new priorities we're addressing for customers and partners now make maintaining separate, redundant, repositories inefficient."

Long-time Slashdot reader slack_justyb notes this means patches and changes will now hit CentOS Stream before actually hitting RHEL, which "will make it difficult for other distributions such as Alma Linux, Rocky Linux, and Oracle Linux to provide assured binary compatibility as their only source now will be ahead of what RHEL is actually using."

"Some commentators are pointing out that it's possible to sign up for a free Red Hat Developer account, and obtain the source code legitimately that way," writes the Register. "This is perfectly true, but the problem is that the license agreement that you have to sign to get that account prevents you from redistributing the software." Hackaday notes that beyond the the GPL v2 license on the kernel, Red Hat also has "an additional user agreement that terminates access to updates if the code is re-published."

Rocky Linux officially "remains confident in its ability to continue as a bug-for-bug compatible and freely available alternative to Red Hat Enterprise Linux, despite changes in accessibility." While this decision does change the automation we use for building Rocky Linux, we have already created a short term mitigation and are developing the longer term strategy. There will be no disruption or change for any Rocky Linux users, collaborators, or partners... The project pledges to keep its promise to maintain the full life-span of support for Rocky 8 and 9, and to continue to produce future RHEL-compatible versions as long as the option remains, allowing organizations to maintain the flexibility, control, and freedom they rely upon for their critical infrastructure. This is the open source way.
Gregory Kurtzer, founder of the Rocky Linux project, calls Red Hat's move "a minor inconvenience for the Rocky Linux team," but with "no disruption to Rocky Linux users. Moving forward we are becoming even more stable, supported, and secure."

AlmaLinux also weighs in: Can you just use CentOS Stream sources?
No, we are committed to remaining a downstream RHEL clone, and using CentOS Stream sources would make us upstream of RHEL. CentOS Stream sources, while being upstream of RHEL, do not always include all patches and updates that are included in RHEL packages.

Is Red Hat trying to kill downstream clones?
We cannot speak to Red Hat's intentions, and can only point to the things they have said publicly. We have had an incredible working relationship with Red Hat through the life of AlmaLinux OS and we hope to see that continue.

The Linux Foundation, the nonprofit tech consortium that manages various open source efforts, today announced the launch of the TLA+ Foundation to promote the adoption and development of the TLA+ programming language. AWS, Oracle and Microsoft are among the inaugural members. From a report: What is the TLA+ programming language, you ask? It's a formal "spec" language developed by computer scientist and mathematician Leslie Lamport. Best known for his seminal work in distributed systems, Lamport -- now a scientist at Microsoft Research -- created TLA+ to design, model, document and verify software programs -- particularly those of the concurrent and distributed variety.

To give a few examples, ElasticSearch, the organization behind the search engine of the same name, used TLA+ to verify the correctness of their distributed systems algorithms. Elsewhere, Thales, the electrical systems manufacturing firm, used TLA+ to model and develop fault-tolerant modules for its industrial control platform. "TLA+ is unique in that it's intended for specifying a system, rather than for implementing software," a Linux Foundation spokesperson told TechCrunch via email. "Based on mathematical concepts, notably set theory and temporal logic, TLA+ allows for the expression of a system's desired correctness properties in a formal and rigorous manner."

Startups and other companies trying to capitalize on the artificial intelligence boom sparked by OpenAI are running into a problem: They can't find enough specialized computers to make their own AI software. The Information: A spike in demand for server chips that can train and run machine-learning software has caused a shortage, prompting major cloud-server providers including Amazon Web Services, Microsoft, Google and Oracle to limit their availability for customers, according to interviews with the cloud companies and their customers. Some customers have reported monthslong wait times to rent the hardware. "All the startups who are trying to get into this space...maybe they can get one [server] but there's no way they're going to get five," said Johnny Dallas, founder and CEO of Zeet, which sells software that makes it easier for engineers to run apps across multiple clouds.

The server chip shortage is a frustrating hangup for software developers trying to build AI tools hinging on recent advancements in machine-learning models. These programmers, at small and big companies alike, are developing large-language models to make personalized writing coaches or search engines that respond to questions with written answers rather than links, similar to OpenAI's ChatGPT. Many others are licensing and augmenting software from OpenAI and its rivals to create specialized customer service chatbots and research tools for corporate employees. For instance, OpenAI software is helping Morgan Stanley bankers find the best locations to auction a work of art, based on the bank's myriad internal reports on art markets.

China pushed back against the U.S. government's proposal to force a sale of TikTok on Thursday, rejecting the possible solution to ongoing national security concerns around the app. From a report: TikTok CEO Shou Zi Chew appeared before Congress on Thursday morning, facing questions from U.S. lawmakers that centered around concerns that the Chinese government could leverage the app's data to surveil American citizens or otherwise undermine national interests. In a press conference hours before the hearing began, China's Commerce Ministry spokesperson Shu Jueting weighed in with Beijing's opposition to the Biden administration's proposal. "...Forcing a sale of TikTok will seriously damage the confidence of investors from all over the world, including China, to invest in the United States," she said. "If the news is true, China will firmly oppose it."

The idea to force the company to divest itself of Chinese ownership first surfaced during the Trump administration, culminating in a deal for TikTok to sell its U.S. operations to Oracle in late 2020. At the time, TikTok also rejected an acquisition offer from Microsoft, though ultimately neither company succeeded and the strange arrangement fizzled after a series of successful legal challenges. The deal was shelved indefinitely when the Biden took office the following year, but in recent days the administration has picked up the languishing mission to force a sale. In rejecting the U.S. proposal, which the Committee on Foreign Investment in the U.S. (CFIUS) would spearhead, China is reiterated a point it made during the Trump administration. Further reading: TikTok CEO says China-based ByteDance employees still have access to some U.S. data.

Oracle today announced the availability of Java 20, the latest version of the popular programming language and development platform. From a report: The latest version of the 27-year-old language includes thousands of performance, stability and security improvements and features seven enhancement proposals to the Java Development Kit that are aimed at increasing developer productivity and enhancing performance, stability and security. Oracle has coordinated a disciplined rollout of new Java releases on a six-month cadence for the past five years and says it's the top contributor to the open-source project. Java is the world's third most widely used programming language, according to Tiobe Software BV, and is No. 1 in organizational development, according to Oracle. "The innovation pipeline has never been richer," said Chad Arimura, vice president of developer relations at Oracle. "The problem space is changing and developers have higher demands on their programming languages than ever."

An anonymous reader writes: Last week, we learned that Microsoft spent hundreds of millions of dollars to buy tens of thousands of Nvidia A100 graphics chips so that partner OpenAI could train the large language models (LLMs) behind Bing's AI chatbot and ChatGPT.

Don't have access to all that capital or space for all that hardware for your own LLM project? Nvidia's DGX Cloud is an attempt to sell remote web access to the very same thing. Announced today at the company's 2023 GPU Technology Conference, the service rents virtual versions of its DGX Server boxes, each containing eight Nvidia H100 or A100 GPUs and 640GB of memory. The service includes interconnects that scale up to the neighborhood of 32,000 GPUs, storage, software, and "direct access to Nvidia AI experts who optimize your code," starting at $36,999 a month for the A100 tier.

Meanwhile, a physical DGX Server box can cost upwards of $200,000 for the same hardware if you're buying it outright, and that doesn't count the efforts companies like Microsoft say they made to build working data centers around the technology.

Politico reports: Governments and businesses have spent two decades rushing to the cloud — trusting some of their most sensitive data to tech giants that promised near-limitless storage, powerful software and the knowhow to keep it safe.

Now the White House worries that the cloud is becoming a huge security vulnerability.

So it's embarking on the nation's first comprehensive plan to regulate the security practices of cloud providers like Amazon, Microsoft, Google and Oracle, whose servers provide data storage and computing power for customers ranging from mom-and-pop businesses to the Pentagon and CIA.... Among other steps, the Biden administration recently said it will require cloud providers to verify the identity of their users to prevent foreign hackers from renting space on U.S. cloud servers (implementing an idea first introduced in a Trump administration executive order). And last week the administration warned in its national cybersecurity strategy that more cloud regulations are coming — saying it plans to identify and close regulatory gaps over the industry....

So far, cloud providers have haven't done enough to prevent criminal and nation-state hackers from abusing their services to stage attacks within the U.S., officials argued, pointing in particular to the 2020 SolarWinds espionage campaign, in which Russian spooks avoided detection in part by renting servers from Amazon and GoDaddy. For months, they used those to slip unnoticed into at least nine federal agencies and 100 companies. That risk is only growing, said Rob Knake, the deputy national cyber director for strategy and budget. Foreign hackers have become more adept at "spinning up and rapidly spinning down" new servers, he said — in effect, moving so quickly from one rented service to the next that new leads dry up for U.S. law enforcement faster than it can trace them down.

On top of that, U.S. officials express significant frustration that cloud providers often up-charge customers to add security protections — both taking advantage of the need for such measures and leaving a security hole when companies decide not to spend the extra money. That practice complicated the federal investigations into the SolarWinds attack, because the agencies that fell victim to the Russian hacking campaign had not paid extra for Microsoft's enhanced data-logging features.... Part of what makes that difficult is that neither the government nor companies using cloud providers fully know what security protections cloud providers have in place. In a study last month on the U.S. financial sector's use of cloud services, the Treasury Department found that cloud companies provided "insufficient transparency to support due diligence and monitoring" and U.S. banks could not "fully understand the risks associated with cloud services."

Microsoft, having brought artificial intelligence to its battle with Google over search, is now turning to the latest AI technology to catch up with rivals in the corporate applications market such as Oracle, Salesforce and SAP. From a report: The software giant is introducing an AI assistant -- called Dynamics 365 Copilot -- for applications that handle tasks such as sales, marketing and customer service. Based on technology from OpenAI, the software can draft contextual chat and email answers to customer-service queries. It can help marketers come up with customer categories to target, and write product listings for e-commerce. The new capabilities are being released in preview form on Monday and are being tested by hundreds of early customers. For example, Italian aperitif maker Campari is trying out the marketing tools to concoct targeted campaigns for events around the Negroni cocktail.

Microsoft also said its next set of AI announcements, planned for March 16, will relate to "workplace productivity," a term the software maker usually uses to mean Office software. Business applications are the latest Microsoft programs to get an AI makeover so far this year as the company adds language-generation tools and chatbots to everything from its Bing internet-search engine to the Teams corporate-conferencing software. The strategy follows a successful debut for an AI programming tool called GitHub Copilot last year and Microsoft's expansion of its investment in OpenAI, the maker of ChatGPT, in January. Chief Executive Officer Satya Nadella has said the company plans to overhaul its whole product lineup using AI and tools from OpenAI. In the business applications category, where Microsoft has operated for more than two decades but lagged behind rivals, Nadella ultimately wants to use AI to break down silos between formerly separate programs, each with their own workflows and acronyms, like ERP (enterprise resource planning) and CRM (customer relationship management) software. Instead, he said, they should be blended and have one AI copilot that can retrieve information and help workers with tasks. Still, like the Bing bot, Nadella noted Microsoft's Dynamics tool will also make mistakes.

Long-time Slashdot reader mabu writes: Adam R. Smith, a software engineer with 40+ years of experience reportedly became frustrated with his friends and associates' claims about the potential of crypto technology and their subsequent losses of money in various schemes, and set out to write a series of articles explaining what blockchain is and whether it lives up to its claims. This ended up morphing into a passion project that produced an 84 minute documentary entitled, "Blockchain — Innovation or Illusion?

The film, which is currently making the rounds at various film festivals, has recently been released online in its entirety on YouTube. In it, Smith, who goes by the alias, "American Scream" explains what blockchain is in layman's terms, how it relates to conventional databases and tech, and how the crypto industry seems more dependent upon coercive psychology, than innovation. The film addresses a wide variety of topics including, "Is blockchain disruptive?", "Is de-centralization even worthwhile?", and explains the how and why tokens, mining, and other blockchain-based elements like smart contracts and NFTs operate.

In the second half of the film, Smith goes into specific claims and scenarios such as, "Is blockchain really immutable?" and "Can blockchain verify authenticity?" identifying common issues like "The Oracle problem" and whether arguments like, "Crypto helps bank the unbanked" and "Crypto is digital gold" really make sense?

John Reed Stark, former Chief of the SEC Office of Internet Enforcement called Smith one of his favorite technologists and that the film was "spot on" in its characterization of the technology.

Watch the full documentary here.

An anonymous reader quotes a report from Gizmodo: The country of Saudi Arabia has scrounged up several billion dollars in investments from major tech companies, which are interested in building cloud computing centers in the region. According to Reuters, the Saudi Minister of Communication and Information Technology Abdullah Alswaha discussed the investments at LEAP, an international technology conference that began today in Riyadh, the country's capital city. Players like Microsoft and Oracle are investing billions of dollars into the country, with Microsoft forking over $2.1 billion while Oracle invests $1.5 billion. Huawei, a Chinese tech company, is also investing a reported $400 million.

"The investments... will enhance the kingdom of Saudi Arabia's position as the largest digital market in the Middle East and North Africa," Alswaha said at LEAP, as quoted by Reuters. While the timeline of these investments is not clear, Oracle told Reuters that its funds will be distributed over several years. Alswaha is tempting these companies with government contracts, and while details are scant, it's likely that Saudi Arabia is giving them prime real estate for a low cost to build their cloud computing centers in Riyadh. "The investments are a part of Saudi Arabia's planned pivot away from oil and toward tech, which the country is calling Vision 2030," adds Gizmodo. "That pivot is already underway as Tonomus, a subsidiary of Saudi Arabia's own architecture, engineering, and sustainability amalgamation called NEOM made a $1 billion investment in artificial intelligence and the metaverse."

One of the three areas of Neom that has been officially announced and underway is The Line, "a linear city with Utopian vistas straight out of a Hollywood movie," reported CNBC last October. "Composed of two parallel skyscrapers that cut right through the desert for 170 kilometers from the coast to the mountains, The Line will be 200 meters wide and soar to a height of 500 meters (higher than most of the world's towers) -- and for an added surreal touch, will be encased on all sides with gigantic mirrors."

While Oracle's existing Java corporate licensing agreements are still in effect, "the Named User Plus Licensing (user licenses) and Processor licenses (server licensing) are no longer available for purchase," reports IT World Canada. And that's where it gets interesting: The new pricing model is based on employee count, with different price tiers for different employee counts. The implication is that everyone in the organization is counted for licensing purposes, even if they don't use Java software.

As a result, companies that use Java SE may face significant price increases. The change will primarily affect large companies with many employees, but it will also have a significant impact on medium-sized businesses. Although Oracle promises to allow legacy users to renew under their current terms and conditions, sources say the company will likely pressure users to adopt the new model over time.
The move is "likely to rile customers that have a fraction of employees who work with Java," Oracle partners told CRN, though "the added complexity is an opportunity for partners to help customers right-size their spending." Jeff Stonacek, principal architect at House of Brick Technologies, an Omaha, Neb.-based company that provides technical and licensing services to Oracle clients, and chief technical officer of House of Brick parent company OpsCompass, told CRN that the change has already affected at least one project, with his company in the middle of a license assessment for a large customer. He called the change "an obvious overstep."

"Having to license your entire employee count is not reasonable because you could have 10,000 employees, maybe only 500 of them need Java," Stonacek said. "And maybe you only have a couple of servers for a couple of applications. But if you have to license for your entire employee count, that just doesn't make sense...." Stonacek and his team have been talking to customers about migrating to Open Java Development Kit (JDK), a free and open-source version of Java Standard Edition (SE), although that was a practice started before the price change.

He estimated that about half of the customers his team talks to are able to easily move to OpenJDK. Sometimes, customers have third-party applications that are written for Java and unchangeable as opposed to custom applications that in-house engineers can just rewrite.... Ron Zapar, CEO of Naperville, Ill.-based Oracle partner Re-Quest, told CRN that even without a direct effect on partners from the Java license change, the move makes customers question whether they want to purchase Oracle Cloud offerings and other Oracle products lest they face future changing terms or lock-in.

The Verge was part of "a handful" of journalists invited to Los Angeles to tour TikTok's new "Transparency and Accountability Center.... part of a multi-week press blitz by TikTok to push Project Texas, a novel proposal to the US government that would partition off American user data in lieu of a complete ban." TikTok says it has already taken thousands of people and over $1.5 billion to create Project Texas. The effort involves TikTok creating a separate legal entity dubbed USDS with an independent board from ByteDance that reports directly to the US government. More than seven outside auditors, including Oracle, will review all data that flows in and out of the US version of TikTok. Only American user data will be available to train the algorithm in the US, and TikTok says there will be strict compliance requirements for any internal access to US data. If the proposal is approved by the government, it will cost TikTok an estimated $700 million to $1 billion per year to maintain.....

At one point during the tour, I tried asking what would hypothetically happen if, once Project Texas is greenlit, a Bytedance employee in China makes an uncomfortable request to an employee in TikTok's US entity. I was quickly told by a member of TikTok's PR team that the question wasn't appropriate for the tour.
Other notes from the tour:

• The journalists weren't allowed to enter a special server room "housing the app's source code for outside auditors to review."

• A room that explained TikTok's algorithm using iMacs running "code simulators" was "frustratingly vague"

• "Despite it being called a transparency center, TikTok's PR department made everyone agree to not quote or directly attribute comments made by employees leading the tour."

The Verge ultimately concludes TikTok's Transparency and Accountability Center is "a lot of smoke and mirrors designed to give the impression that it really cares."

An anonymous reader quotes a report from VentureBeat: Red Hat is perhaps best known as a Linux operating system vendor, but it is the company's OpenShift platform that represents its fastest growing segment. Today, Red Hat announced the general availability of OpenShift 4.12, bringing a series of new capabilities to the company's hybrid cloud application delivery platform. OpenShift is based on the open source Kubernetes container orchestration system, originally developed by Google, that has been run as the flagship project of the Linux Foundation's Cloud Native Computing Foundation (CNCF) since 2014. [...] With the new release, Red Hat is integrating new capabilities to help improve security and compliance for OpenShift, as well as new deployment options on ARM-based architectures. The OpenShift 4.12 release comes as Red Hat continues to expand its footprint, announcing partnerships with Oracle and SAP this week.

The financial importance of OpenShift to Red Hat and its parent company IBM has also been revealed, with IBM reporting in its earnings that OpenShift is a $1 billion business. "Open-source solutions solve major business problems every day, and OpenShift is just another example of how Red Hat brings business and open source together for the benefit of all involved," Mike Barrett, VP of product management at Red Hat, told VentureBeat. "We're very proud of what we have accomplished thus far, but we're not resting at $1B." [...]

OpenShift, like many applications developed in the last several decades, originally was built just for the x86 architecture that runs on CPUs from Intel and AMD. That situation is increasingly changing as OpenShift is gaining more support to run on the ARM processor with the OpenShift 4.12 update. Barrett noted that Red Hat OpenShift announced support for the AWS Graviton ARM architecture in 2022. He added that OpenShift 4.12 expands that offering to Microsoft Azure ARM instances. "We find customers with a significant core consumption rate for a singular computational deliverable are gravitating toward ARM first," Barrett said.

Overall, Red Hat is looking to expand the footprint of where its technologies are able to run, which also new cloud providers. On Jan. 31, Red Hat announced that for the first time, Red Hat Enterprise Linux (RHEL) would be available as a supported platform on Oracle Cloud Infrastructure (OCI). While RHEL is now coming to OCI, OpenShift isn't -- at least not yet. "Right now, it's just RHEL available on OCI," Mike Evans, vice president, technical business development at Red Hat, told VentureBeat. "We're evaluating what other Red Hat technologies, including OpenShift, may come to Oracle Cloud Infrastructure but this will ultimately be driven by what our joint customers want."

GitHub, Microsoft, and OpenAI "told a San Francisco federal court that a proposed class-action lawsuit for improperly monetizing open-source code to train their AI systems cannot be sustained," reports Reuters: The companies said in Thursday court filings that the complaint, filed by a group of anonymous copyright owners, did not outline their allegations specifically enough and that GitHub's Copilot system, which suggests lines of code for programmers, made fair use of the source code. A spokesperson for GitHub, an online platform for housing code, said Friday that the company has "been committed to innovating responsibly with Copilot from the start" and that its motion is "a testament to our belief in the work we've done to achieve that...."

Microsoft and OpenAI said Thursday that the plaintiffs lacked standing to bring the case because they failed to argue they suffered specific injuries from the companies' actions. The companies also said the lawsuit did not identify particular copyrighted works they misused or contracts that they breached.

Microsoft also said in its filing that the copyright allegations would "run headlong into the doctrine of fair use," which allows the unlicensed use of copyrighted works in some situations. The companies both cited a 2021 U.S. Supreme Court decision that Google's use of Oracle source code to build its Android operating system was transformative fair use.
Slashdot reader guest reader shares this excerpt from the plaintiffs' complaint: GitHub and OpenAI have offered shifting accounts of the source and amount of the code or other data used to train and operate Copilot. They have also offered shifting justifications for why a commercial AI product like Copilot should be exempt from these license requirements, often citing "fair use."

It is not fair, permitted, or justified. On the contrary, Copilot's goal is to replace a huge swath of open source by taking it and keeping it inside a GitHub-controlled paywall. It violates the licenses that open-source programmers chose and monetizes their code despite GitHub's pledge never to do so.

HPE and Oracle have settled their long-running legal case over alleged copyright infringement regarding Solaris software updates for HPE customers, but it looks like the nature of the settlement is going to remain under wraps. The Register reports: The pair this week informed [PDF] the judge overseeing the case that they'd reached a mutual settlement and asked for the case to be dismissed "with prejudice" -- ie, permanently. The settlement agreement is confidential, and its terms won't be made public. The case goes back to at least 2016, when Oracle filed a lawsuit against HPE over the rights to support the Solaris operating system. HPE and a third company, software support outfit Terix, were accused of offering Solaris support for customers while the latter was not an authorized Oracle partner.

Big Red's complaint claimed HPE had falsely represented to customers that it and Terix could lawfully provide Solaris Updates and other support services at a lower cost than Oracle, and that the two had worked together to provide customers with access to such updates. The suit against HPE was thrown out of court in 2019, but revived in 2021 when a judge denied HPE's motion for a summary judgement in the case. Terix settled its case in 2015 for roughly $58 million. Last year, the case went to court and in June a jury found HPE guilty of providing customers with Solaris software updates without Oracle's permission, awarding the latter $30 million for copyright infringement.

But that wasn't the end of the matter, because HPE was back a couple of months later to appeal the verdict, claiming the complaint by Oracle that it had directly infringed copyrights with regard to Solaris were not backed by sufficient evidence. This hinged on HPE claiming that Oracle had failed to prove that any of the patches and updates in question were actually protected by copyright, but also that Oracle could not prove HPE had any control over Terix in its purported infringement activities. Oracle for its part filed a motion asking the court for a permanent injunction against HPE to prevent it copying or distributing the Solaris software, firmware or support materials, except as allowed by Oracle. Now it appears that the two companies have come to some mutually acceptable out-of-court arrangement, as often happens in acrimonious and long-running legal disputes.

IBM has quietly announced it's planning a 24-core Power 10 processor, seemingly to make one of its servers capable of running Oracle's database in a cost-effective fashion. From a report: A hardware announcement dated December 13 revealed the chip in the following "statement of general direction" about Big Blue's Power S1014 technology-based server: "IBM intends to announce a high-density 24-core processor for the IBM Power S1014 system (MTM 9105-41B) to address application environments utilizing an Oracle Database with the Standard Edition 2 (SE2) licensing model. It intends to combine a robust compute throughput with the superior reliability and availability features of the IBM Power platform while complying with Oracle Database SE2 licensing guidelines."

Google, Oracle, Microsoft and Amazon will share in the Pentagon's $9 billion contract to build its cloud computing network, a year after accusations of politicization over the previously announced contract and a protracted legal battle resulted in the military starting over in its award process. The Associated Press reports: The Joint Warfighter Cloud Capability is envisioned to provide access to unclassified, secret and top-secret data to military personnel all over the globe. It is anticipated to serve as a backbone for the Pentagon's modern war operations, which will rely heavily on unmanned aircraft and space communications satellites, but will still need a way to quickly get the intelligence from those platforms to troops on the ground. The contract will be awarded in parts, with a total estimated completion date of June 2028, the Pentagon said in a statement.

Last July, the Pentagon announced it was cancelling its previous cloud computing award, then named JEDI. At the time, the Pentagon said that due to delays in proceeding with the contract, technology had changed to the extent that the old contract, which was awarded to Microsoft, no longer met DOD's needs. It did not mention the legal challenges behind those delays, which had come from Amazon, the losing bidder. Amazon had questioned whether former President Donald Trump's administration had steered the contract toward Microsoft due to Trump's adversarial relationship with Amazon's chief executive officer at the time, Jeff Bezos. A report by the Pentagon's inspector general did not find evidence of improper influence, but it said it could not determine the extent of administration interactions with Pentagon decision-makers because the White House would not allow unfettered access to witnesses. "It's the most important cloud deal to come out of the Beltway," said analyst Daniel Ives, who monitors the cloud industry for Wedbush Securities. "It's about the Pentagon as a reference customer. It says significant accolades about what they think about that vendor, and that's the best reference customer you could have in that world."