Oracle And SAP Settle Piracy Dispute

Oracle has won a limited victory in its long-running lawsuit with rival SAP.

The action was taken in reference to events dating back to 2007, which saw employees of SAP’s TomorrowNow unit accused of illegally downloading Oracle software.

German company TomorrowNow was bought by SAP as a means to undercut Oracle’s internal tech support rates, with the ambition of getting customers to migrate to SAP solutions, reports Reuters.

In 2006, TomorrowNow started the process of undermining its parent’s position, offering cut-price support to users of the Siebel database and CRM.

Oracle was originally awarded $1.3bn back in 2010, but this was adjusted downwards on multiple appeals.

SAP acknowledged that its employees had been in the wrong, but disputed the damages awarded. SAP offered a $306m payment in 2012, but did so more in hope than expectation given its admissions.

Earlier in the year, a federal judge gave Oracle the option to settle for $356.7m or force a retrial, and the company has now decided on the former with a further $2.5m in interest.

“We are thrilled about this landmark recovery and extremely gratified that our efforts to protect innovation and our shareholders’ interests are duly rewarded,” said Oracle’s general counsel Dorian Daley.

“This sends a strong message to those who would prefer to cheat than compete fairly and legally.”

SAP agreed: “We are also pleased that, overall, the courts hearing this case ultimately accepted SAP’s arguments to limit Oracle’s excessive damages claims and that Oracle has finally chosen to end this matter.”

SAP announced a partnership with IBM last month to bring its HANA service to enterprise cloud users.

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New Data Suggest IT Hiring Increasing

Whenever IT hiring increases, as it did last month, the default explanation from analysts is this: The economy is improving.

That might be true, and it may well explain the U.S. Department of Labor’s report today that showed the U.S., overall, added 214,000 jobs last month.

Of that total employment gain, IT hiring grew by 7,800 jobs in October, compared with a gain of 6,900 jobs in September, according to TechServe Alliance, an IT industry group.

Another IT labor analyst group, Janco Associates, calculated last month’s IT gains at 9,500 jobs.

Government data can be reported in different ways, depending on which job categories are included in the IT job estimates, and it is why analysts report job numbers differently.

Hiring trends are also affected by Labor Department adjustments, and the government’s adjusted data adds nearly 25,000 telecom jobs over the past two months, according to Janco. Because of this adjustment, Janco termed the recent growth in IT over the past several months “explosive,” while TechServe put last month’s results as “modestly stronger.”

There is no one reason for October’s gain. An improving economy may be at the heart of any answer. Independent of the government numbers, Computer Economics, in a recent report on contingent versus full-time hiring, said it is seeing a drop in the use of contract workers at large companies and more reliance on full-time workers, which is a sign of an improving economy.

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HP’s Helion Goes Commercial

HP has announced general availability of its Helion OpenStack cloud platform and Helion Development Platform based on Cloud Foundry.

The Helion portfolio was announced by HP earlier this year, when the firm disclosed that it was backing the OpenStack project as the foundation piece for its cloud strategy.

At the time, HP issued the HP Helion OpenStack Community edition for pilot deployments, and promised a full commercial release to follow, along with a developer platform based on the Cloud Foundry code.

HP revealed today that the commercial release of HP Helion OpenStack is now available as a fully supported product for customers looking to build their own on-premise infrastructure-as-a-service cloud, along with the HP Helion Development platform-as-a-service designed to run on top of it.

“We’ve now gone GA [general availability] on our first full commercial OpenStack product and actually started shipping it a couple of weeks ago, so we’re now open for business and we already have a number of customers that are using it for proof of concept,” HP’s CloudSystem director for EMEA, Paul Morgan said.

Like other OpenStack vendors, HP is offering more than just the bare OpenStack code. Its distribution is underpinned by a hardened version of HP Linux, and is integrated with other HP infrastructure and management tools, Morgan said.

“We’ve put in a ton of HP value add, so there’s a common look and feel across the different management layers, and we are supporting other elements of our cloud infrastructure software today, things like HP OneView, things like our Cloud Service Automation in CloudSystem,” he added.

The commercial Helion build has also been updated to include Juno, the latest version of the OpenStack framework released last week.

Likewise, the HP Helion Development Platform takes the open source Cloud Foundry platform and integrates it with HP’s OpenStack release to provide an environment for developers to build and deploy cloud-based applications and services.

HP also announced an optimised reference model for building a scalable object storage platform based on its OpenStack release.

HP Helion Content Depot is essentially a blueprint to allow organisations or service providers to put together a highly available, secure storage solution using HP ProLiant servers and HP Networking hardware, with access to storage provided via the standard OpenStack Swift application programming interfaces.

Morgan said that the most interest in this solution is likely to come from service providers looking to offer a cloud-based storage service, although enterprise customers may also deploy it internally.

“It’s completely customisable, so you might start off with half a petabyte, with the need to scale to maybe 2PB per year, and it is a certified and fully tested solution that takes all of the guesswork out of setting up this type of service,” he said.

Content Depot joins the recently announced HP Helion Continuity Services as one of the growing number of solutions that the firm aims to offer around its Helion platform, he explained. These will include point solutions aimed at solving specific customer needs.

The firm also last month started up its HP Helion OpenStack Professional Services division to help customers with consulting and deployment services to implement an OpenStack-based private cloud.

Pricing for HP Helion OpenStack comes in at $1,200 per server with 9×5 support for one year. Pricing for 24×7 support will be $2,200 per server per year.

“We see that is very competitively priced compared with what else is already out there,” Morgan said.

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Mobile Carriers Dash To Enter FCC Auction

Three of the four largest U.S. mobile operators and satellite provider Dish Network Corp plan to bid in the Federal Communications Commission’s November auction of airwaves, according to initial applications released on Wednesday.

As expected, the largest U.S. wireless carrier Verizon Communications Inc, No. 2 AT&T Inc, No. 4 T-Mobile US Inc and Dish appeared to be the largest companies to indicate an interest in bidding in the upcoming auction of frequencies known as AWS-3.

Applications from Northstar Wireless LLC and SNR Wireless LicenseCo LLC reported they had entered bidding agreements with Dish, which had indirect ownership interest in both companies.

Northstar’s disclosures showed direct and indirect ownership interest by Alaska Native corporation Doyon Ltd and indirect ownership interest by financial firm Catalyst Investors. Asset manager BlackRock Inc had membership shares in SNR, according to the documents.

T-Mobile and AT&T did not appear to plan joint bids with other companies, and T-Mobile’s Kathleen Ham, vice president of federal regulatory affairs, said the carrier had no such agreements with any company.

A Verizon spokesman did not respond to inquiries about potential joint bidding and Dish representatives declined comment beyond confirming the submission of its application, citing FCC’s anti-collusion rules.

A total of 80 entities submitted initial applications. Interested parties, which may or may not actually bid for wireless licenses in the auction, included smaller U.S. companies such as Bluegrass Wireless LLC, Guam-based wireless company Docomo Pacific Inc and individual spectrum investors.

Scheduled to begin on Nov. 13, the auction is expected to raise at least $10 billion and will include airwaves previously occupied by multiple federal users, including the Department of Homeland Security.

Dish applied to bid in the auction as American AWS-3 Wireless I LLC and disclosed joint bidding arrangements with SNR and Northstar, which in turn had to disclose ownership and other information.

SNR listed former FCC Wireless Bureau Chief John Muleta, now CEO of consulting firm Atelum LLC, as a contact. Muleta, reached late on Wednesday, declined comment, citing FCC’s restrictions.

Northstar’s disclosures listed Allen Todd, assistant secretary at Doyon, a Fairbanks-based Alaska Native Regional Corporation with numerous affiliates in various fields including oil and gas land drilling. Todd could not be reached for comment on Wednesday.

SNR’s and Northstar’s, as well as AT&T’s, initial application appeared to be incomplete, which can be caused by small bureaucratic omissions. Of the 80 applications, 47 were deemed incomplete and have to be properly finished by Oct. 15 to allow the companies to participate.

All initial applications have to put down an upfront payment by Oct. 15 to confirm participation.

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FBI Worried About Encryption

The U.S. Federal Bureau of Investigation expressed some concerns about moves by Apple and Google to include encryption on smartphones, the agency’s director has stated.

Quick law enforcement access to the contents of smartphones could save lives in some kidnapping and terrorism cases, FBI Director James Comey said in a briefing with some reporters. Comey said he’s concerned that smartphone companies are marketing “something expressly to allow people to place themselves beyond the law,” according to news reports.

An FBI spokesman confirmed the general direction of Comey’s remarks. The FBI has contacted Apple and Google about their encryption plans, Comey told a group of reporters who regularly cover his agency.

Just last week, Google announced it would be turning on data encryption by default in the next version of Android. Apple, with the release of iOS 8 earlier this month, allowed iPhone and iPad users to encrypt most personal data with a password.

Comey’s remarks, prompted by a reporter’s question, came just days after Ronald Hosko, president of the Law Enforcement Legal Defense Fund and former assistant director of the FBI Criminal Investigative Division, decried mobile phone encryption in a column in the Washington Post.

Smartphone companies shouldn’t give criminals “one more tool,” he wrote. “Apple’s and Android’s new protections will protect many thousands of criminals who seek to do us great harm, physically or financially. They will protect those who desperately need to be stopped from lawful, authorized, and entirely necessary safety and security efforts. And they will make it impossible for police to access crucial information, even with a warrant.”

Representatives of Apple and Google didn’t immediately respond to requests for comments on Comey’s concerns.

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Will HP Dump Snapfish?

Hewlett-Packard Co is taking a look at putting its web-based photo sharing service Snapfish on the block, and has held discussions with multiple private equity and industry buyers, a person with knowledge of the situation said.

Snapfish, which HP bought for more than $300 million in 2005 and currently sits within its printing and personal systems group, is considered non-core for the company, the person said, asking not to be named because the matter is not public.

A spokesman for HP declined to comment.

Last year, HP replaced the printing and personal business’ long-time head Todd Bradley with former Lenovo executive Dion Weisler. Bradley has since left the technology company, to join Tibco Software Inc as its president.

Some of the parties that have been eyeing Snapfish have also expressed interest in buying another online photo-sharing services provider, Shutterfly Inc, the person said.

Shutterfly hired Frank Quattrone’s Qatalyst Partners over the summer to find a buyer, and is expected wrap up its process in the next several weeks, people familiar with the matter have said previously.

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Apple Changes Policy In China

Apple Inc has started the processing of keeping the personal data of some Chinese users on servers in mainland China, marking the first time the tech giant is storing user data on Chinese soil.

The storage of user data in China represents a departure from the policies of some technology companies, notably Google Inc, which has long refused to build data centers in China due to censorship and privacy concerns.

Apple said the move was part of an effort to improve the speed and reliability of its iCloud service, which lets users store pictures, e-mail and other data. Positioning data centers as close to customers as possible means faster service.

The data will be kept on servers provided by China Telecom Corp Ltd, the country’s third-largest wireless carrier, Apple said in a statement.

“Apple takes user security and privacy very seriously,” it said. “We have added China Telecom to our list of data center providers to increase bandwidth and improve performance for our customers in mainland china. All data stored with our providers is encrypted. China Telecom does not have access to the content.”

A source with knowledge of the situation said the encryption keys for Apple’s data on China Telecom servers would be stored offshore and not made available to China Telecom.

Apple has said it has devised encryption systems for services such as iMessage that even Apple itself cannot unlock. But some experts expressed scepticism that Apple would be able to withhold user data in the event of a government request.

“If they’re making out that the data is protected and secure that’s a little disingenuous because if they want to operate a business here, that’d have to comply with demands from the authorities,” said Jeremy Goldkorn, director of Danwei.com, a research firm focused on Chinese media, internet and consumers.

“On the other hand if they don’t store Chinese user data on a Chinese server they’re basically risking a crackdown from the authorities.”

Goldkorn added that data stored in the United States is subject to similar U.S. regulations where the government can use court orders to demand private data.

A spokesman for China Telecom declined to comment.

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Judge Rejects Silicon Valley Settlement

A California judge has rejected the proposed settlement in a lawsuit over no-hire agreements used by top Silicon Valley tech firms, saying the amount being offered to compensate workers is too low.

The remaining defendants in the case — Apple, Google, Intel and Adobe Systems — had reached a deal with the worker’s lawyers to settle the case for US$324.5 million, but Judge Lucy Koh of the federal district court in San Jose, California, said that amount is too low.

After subtracting the fees for the workers’ lawyers — they’re allowed to keep up to a quarter of the award, or $81 million, as well as other money — each worker would be left with an average of only $3,750.

“The Court finds the total settlement amount falls below the range of reasonableness,” Koh wrote in her order, issued Friday.

She said she was troubled that the workers would get less money than under a previous settlement with companies that settled earlier in the case, even though the case has been progressing in the workers’ favor since then.

Last year, Intuit, Lucasfilm and Pixar settled with the workers before the case came to trial.

All of the companies were accused of striking secret deals to not poach each others’ workers, a violation of the Sherman Antitrust Act that reduced the workers’ potential to earn higher wages.

An expert hired for the case has estimated that the workers’ should receive damages of $3 billion, for wages they could have earned if the no-hire agreements hadn’t been in place.

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Google, Dropbox Team Up

Google, Dropbox and a few other high-tech firms have devised a new way to help protect themselves against patent trolls.

Patent trolls, or “non-practicing entities,” are companies that buy up old patents and try to monetize them by accusing others of infringement. They usually request a one-off licensing fee to end a lawsuit, something many companies reluctantly pay because it’s cheaper than defending the claim.

The practice has become a significant problem in the high-tech field, in part because of the complex nature of modern software and hardware.

In an attempt to stop it, six high-tech companies have banded together to launch the License on Transfer Network, or LOT Network.

Members of Lotnet retain full ownership and licensing rights of their patents, but they agree to provide each other with a royalty-free license should any of the patents ever be sold.

That means if Dropbox, for instance, sells a patent on data storage to a third party, Google and the other members will first receive a license to the technology. That should insulate them from any lawsuits brought by the patent’s new owner.

Besides Google and Dropbox, the launch members include SAP, Canon, Asana and Newegg. They hope the agreement will reduce the nuisance of patent trolling.

“The LOT Network is a sort of arms control for the patent world,” said Allen Lo, deputy general counsel for patents at Google, in a statement. “By working together, we can cut down on patent litigation, allowing us to focus instead on building great products.”

The group is offering membership to other technology companies.

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Verizon Wants Dish’s Spectrum

Verizon Communications Inc unit Verizon Wireless is in hot pursuit of satellite-TV operator Dish Network Corp’s spectrum to improve wireless internet speeds, the New York Post reported, citing sources familiar with the matter.

The two companies have held informal, early talks about the spectrum, the report said.

In May, Verizon Communications Chief Executive Lowell McAdam shot down rumors that the company was in potential merger talks with Dish.

Federal Communications Commission Chairman Tom Wheeler has proposed restrictions on how much the biggest wireless carriers can bid for in a major auction of TV spectrum scheduled for mid-2015.

A possible merger between Sprint Corp and T-Mobile US Inc could prompt U.S. regulators to rewrite rules they are now considering for the auction.

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