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HP CEO Goes On the Lam As Oracle Hunts Him Down

theodp writes "Oracle said HP has refused to accept a subpoena requiring new CEO Leo Apotheker to testify in a trial against his former employer SAP, which will determine how much SAP owes Oracle for copyright infringement by its discontinued TomorrowNow unit. 'Mr. Apotheker started work for HP on Monday, but it now appears that the HP board of directors has decided to keep him away from HP's headquarters and outside the court's jurisdiction,' an Oracle spokeswoman said. 'We will continue to try to serve him,' she added. An HP spokeswoman countered: 'Given Leo's limited knowledge of and role in the matter, Oracle's last-minute effort to require him to appear live at trial is no more than an effort to harass him and interfere with his duties and responsibilities as HP's CEO.' The spokeswoman declined to discuss the whereabouts of Mr. Apotheker, who was featured in a 2006 SAP/TomorrowNow press release attacking the 'uncertainty' of Oracle. Coincidentally, among the charges leveled at SAP/TomorrowNow was 'pretextual customer log-in,' an area in which HP has some subject matter expertise."

137 comments

  1. CEO? Must be in Taihiti by Enderandrew · · Score: 3, Insightful

    Why would a CEO be at work? That is just a silly assumption.

    --
    http://blindscribblings.com - Tasty pop-culture in conceptual fashion.
    1. Re:CEO? Must be in Taihiti by Monkeedude1212 · · Score: 1

      Well it's the only place he can have his affair without his wife finding out.

    2. Re:CEO? Must be in Taihiti by L4t3r4lu5 · · Score: 1

      You've clearly never been to a Clubhouse.

      Every man can play his best, and away, at the 19th.

      --
      Finally had enough. Come see us over at https://soylentnews.org/
    3. Re:CEO? Must be in Taihiti by Stargoat · · Score: 4, Funny

      In 2010, a cracked CEO was sent to prison by a patent court for a crime he didn't commit. This man promptly escaped from a maximum security stockade to the Los Angeles underground. Today, still wanted by the government, he survives as a soldier of fortune. If you have a problem, if no one else can help, and if you can find him, maybe you can hire... The HP-Team.

      --
      Hoist Number One and Number Six.
    4. Re:CEO? Must be in Taihiti by Anonymous Coward · · Score: 0

      Ta ta ra tam....

    5. Re:CEO? Must be in Taihiti by poena.dare · · Score: 1

      Cue obligatory 5 minute montage of the HP-Team coding solutions out of discarded corporate IP. Followed by a dramatic showdown with flashy error messages which throw the enemies in the air but somehow, magically, never kills them.

    6. Re:CEO? Must be in Taihiti by lsatenstein · · Score: 1

      This gentleman is living as my neighbor.

      --
      Leslie Satenstein Montreal Quebec Canada
  2. Don't mess with Larry by wandazulu · · Score: 3, Funny

    He's a ninja.

    Or, at least, he can afford to hire a bunch of them.

    1. Re:Don't mess with Larry by aliquis · · Score: 2, Insightful

      But pirates > ninjas.

    2. Re:Don't mess with Larry by Vectormatic · · Score: 1

      Larrys kind of crazy and ruthless behaviour is more befitting of a pirate i think..

      So don't worry about ninjas clad in oracle red, three-mast 40-gun sailing ships however..

      --
      People, what a bunch of bastards
    3. Re:Don't mess with Larry by MikeDaSpike · · Score: 1

      If anything he''s a ninja. If Hollywood movies and weekend morning cartoons have taught us anything, it's that a trained ninja's ability is inversely proportional to the amount of the adversaries he is facing. Don't believe me? When a ninja is facing a thousand samurai, a single punch can thrust them meters away, and he will defeat them swiftly and without fail. When a ninja is facing a single samurai, it will be a duel that will be sung for centuries and. So if he hired a army of ninjas, all that Oracle would need to do is hire a single one to counter them.

    4. Re:Don't mess with Larry by JxcelDolghmQ · · Score: 0

      You misspelled "cocksucker."

    5. Re:Don't mess with Larry by Anonymous Coward · · Score: 0

      That would be directly proportional.

    6. Re:Don't mess with Larry by Anonymous Coward · · Score: 0

      That was a big fail on my part :X
      I even thought about it when I wrote that part...

    7. Re:Don't mess with Larry by Anonymous Coward · · Score: 0

      While butt pirates ninjas

    8. Re:Don't mess with Larry by Anonymous Coward · · Score: 0

      Which is his mistake for not following the inverse ninja law. He should know to hire just 1.

    9. Re:Don't mess with Larry by Anonymous Coward · · Score: 0

      That means the people who try to serve him are NOT pirates.

    10. Re:Don't mess with Larry by Miseph · · Score: 1

      Hardly any pirates ever commanded a ship that big or well-armed... excepting outliers like Morgan, Drake or Teach (and, frankly, they mostly fit the bill as well) virtually all of them were low-rent criminals and thugs going after small un-armed merchant craft just to keep the crew from starvation. Few of them were particularly competent fighters or sailors, and the majority died swift, painful deaths after a very brief career.

      Of course, it makes for a much less compelling movie if you've only got 5-10 half-starved men on a small boat carrying 2 guns and only enough powder and shot for one and a half volleys, running away from anything that has an actual soldier aboard and mostly plundering ships that immediately surrender because they are simply too small to fight and fail to run away. The reality isn't even approximate to the fantasy.

      --
      Try not to take me more seriously than I take myself.
    11. Re:Don't mess with Larry by Anonymous Coward · · Score: 0

      I think you meant:

      Butt Pirates > Ninjas (?)

    12. Re:Don't mess with Larry by Bigjeff5 · · Score: 1

      Only on the high seas, and possibly while delivering pizza.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    13. Re:Don't mess with Larry by Anonymous Coward · · Score: 0

      What do butt pirates have to do with it?

    14. Re:Don't mess with Larry by SydShamino · · Score: 1
      --
      It doesn't hurt to be nice.
    15. Re:Don't mess with Larry by SydShamino · · Score: 2, Insightful

      You're not thinking modern times. Corporations pull in billions from their customers and lucrative government contracts. Then, when the armada closes in, the CEO strands their crew on a desert island and make their escape via golden parachute.

      --
      It doesn't hurt to be nice.
    16. Re:Don't mess with Larry by ArhcAngel · · Score: 1

      You go around telling children there is no Santa Clause or Easter Bunny or Tooth Fairy don't you?

      --
      "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
    17. Re:Don't mess with Larry by Anonymous Coward · · Score: 0

      Right, but Larry has lots of big boats, including that 90 ft tri he sailed in the Americas Cup.

    18. Re:Don't mess with Larry by Anonymous Coward · · Score: 0

      Butt pirates < ninjas

    19. Re:Don't mess with Larry by KingMotley · · Score: 1

      Well at least we know what team you are batting for.

      Butt Pirates < Ninjas for the rest of us.

    20. Re:Don't mess with Larry by triffid_98 · · Score: 1
      That's only because they didn't find any container ships to ransom. Oh wait, we're not talking about Somalia are we?

      Hardly any pirates ever commanded a ship that big or well-armed... excepting outliers like Morgan, Drake or Teach (and, frankly, they mostly fit the bill as well) virtually all of them were low-rent criminals and thugs going after small un-armed merchant craft just to keep the crew from starvation. Few of them were particularly competent fighters or sailors, and the majority died swift, painful deaths after a very brief career.

      Of course, it makes for a much less compelling movie if you've only got 5-10 half-starved men on a small boat carrying 2 guns and only enough powder and shot for one and a half volleys, running away from anything that has an actual soldier aboard and mostly plundering ships that immediately surrender because they are simply too small to fight and fail to run away. The reality isn't even approximate to the fantasy.

    21. Re:Don't mess with Larry by cervo · · Score: 1

      Only with some Devil's(cursed) fruit.......

    22. Re:Don't mess with Larry by geekoid · · Score: 1

      Another stupid CEO.

      The more Ninja you have, the weaker each Ninja is. The only exception is when a sole Ninja steps forward so the others can escape.

      And the plural for Ninja is Ninja.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    23. Re:Don't mess with Larry by Randle_Revar · · Score: 1

      Oh, you mean Conservation of Ninjutsu?

    24. Re:Don't mess with Larry by Anonymous Coward · · Score: 0

      I thought he was a Klingon, at least a pre-ridges Klingon

  3. Lesson is... by digitaldc · · Score: 0, Flamebait

    ...change your passwords often and restrict access?

    --
    He who knows best knows how little he knows. - Thomas Jefferson
    1. Re:Lesson is... by Anonymous Coward · · Score: 0

      From the bloomberg article:

      SAP said TomorrowNow, which provides software support to clients, was authorized to download materials from Oracle's Web site on behalf of TomorrowNow customers. The unit made ``some inappropriate'' downloads of fixes and support documents, SAP said.

      In its lawsuit, Oracle said TomorrowNow used identities of Oracle customers and phony users to gain access to its systems. Customers for whom SAP allegedly conducted illegal downloads included Merck & Co. and Bear Stearns & Co., according to the March 22 lawsuit. Oracle didn't say how much the damage cost the company.

      I admit I'm just guessing here, but it appears they used "Platinum" style support contracts to download some fixes to which regular joe-blow customers weren't entitled (like Microsoft has fixes for certain support contract customers) for their own use instead of their clients'.

    2. Re:Lesson is... by Red+Flayer · · Score: 1

      it appears they used "Platinum" style support contracts to download some fixes to which regular joe-blow customers weren't entitled (like Microsoft has fixes for certain support contract customers) for their own use instead of their clients'.

      The big issue is that it wasn't for their own use -- they were using that material to support their other clients, who had not paid Oracle for that level support -- SAP was able to undercut Oracle support contracts, and they used stolen Oracle support materials to do so.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  4. hmm by nomadic · · Score: 2, Interesting

    Seems a little silly, the proper approach is to file a motion to quash the trial subpoena. It's a pretty simple motion and would be a lot easier than hiding your CEO.

    1. Re:hmm by Monkeedude1212 · · Score: 1

      Actually Leo Apotheker is one of those unique individuals who can fit inside a regular computer box without any issues. He hid inside one of the HP boxes when he got the letter, knowing that this would be the one opportunity his rare skill might become handy.

      Warning to HP Customers - if your new HP computer looks suspiciously like a human being, do NOT attempt to plug it in - that is not a power adapter.

    2. Re:hmm by sakdoctor · · Score: 1

      I just calculated my height in rack untits, just in case I need to hide in the server room one day.
      I would need around 40U to stand "comfortably".

    3. Re:hmm by PolygamousRanchKid+ · · Score: 1

      It's a pretty simple motion and would be a lot easier than hiding your CEO.

      Wow! Hide & Seek, Corporate Edition!

      Maybe we could settle corporate lawsuits with Hide & Seek contests, instead of trials? Up next, Nokia vs. Apple. Apple gets to hide first . . .

      Nokia: "One, two, three, four . . . "

      --
      Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    4. Re:hmm by ElectricTurtle · · Score: 1

      And spoil the chance to play cloak and dagger for a while? Now he gets to be all dramatic and pretend he's a secret agent or something. Maybe he'll even trick out his car with missiles and oil slicks. Of course his name sounds more like a Bond villain than a 'good guy', so maybe he'll build himself a secret island fortress and transfer a bunch of HP underlings out there to be his evil henchmen. Once they finish building the doomsday satellite he'll be able to use his massive orbital weapons platform to destroy Oracle once and for all! Bwah hahahahaha!

      --
      I support the Slashcott and will not be reading or commenting from 2/10/14 to 2/17/14. Beta is steaming pile of dog shit
    5. Re:hmm by NevarMore · · Score: 1

      Warning to HP Customers - if your new HP computer looks suspiciously like a human being, do NOT attempt to plug it in - that is not a power adapter.

      Ooooh. So HP isn't selling a sex box yet?

    6. Re:hmm by Anonymous Coward · · Score: 0

      Something like that would have to be on a world wide scale

    7. Re:hmm by NatasRevol · · Score: 2, Funny

      It's not the height, it's the width requirements that would kill most nerds...

      --
      There are two types of people in the world: Those who crave closure
    8. Re:hmm by natehoy · · Score: 1

      I'm thinking we dress him up in a red-and-white striped shirt and put him in a few populated areas. "Where's Leo"?

      --
      "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
    9. Re:hmm by DragonWriter · · Score: 1

      Seems a little silly, the proper approach is to file a motion to quash the trial subpoena. It's a pretty simple motion and would be a lot easier than hiding your CEO.

      Not if, despite your PR, there was no valid reason to quash to subpoena. So, one must conclude that either HP is acting irrationally, or...

    10. Re:hmm by dkleinsc · · Score: 1

      How about we turn it into a game show like Where in the World is Leo Apotheker?

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    11. Re:hmm by bughunter · · Score: 1

      my height in rack untits

      Associative Freudian slip, or veiled mammary reference?

      --
      I can see the fnords!
    12. Re:hmm by sakdoctor · · Score: 1

      Well spotited

    13. Re:hmm by Miseph · · Score: 1

      It's my turn with the sex box... and her name is Sony!

      --
      Try not to take me more seriously than I take myself.
    14. Re:hmm by Miseph · · Score: 1

      Holy fuck, his name scans into the theme song well enough to work... it's not as catchy by a mile, but what can you do?

      Anyway, where's an all-male a capella group when you really need it?

      --
      Try not to take me more seriously than I take myself.
    15. Re:hmm by ModernGeek · · Score: 1

      You know it's a good time to start looking for a new job when your employer starts hiding the CEO from the authorities.

      --
      Sig: I stole this sig.
    16. Re:hmm by mcgrew · · Score: 1

      It's been my observation that few of us are normal sized, but half are overweight and half are underweight.

    17. Re:hmm by Comrade+Ogilvy · · Score: 1

      That would be the ideal approach, yes. I would speculate a motion to dismiss has already been filed and it is somewhere deep within the judge's in-box, to be considered later. In the mean time, the subpoena has been granted, as such things usually are.

      As HP has conceded that is the subsidiary committed theft, what is left is to ascertain economic damages. So what exactly is Apotheker going to testify about circa 2011 that it was not obvious that he should divulge back in 2008 or 2009 or early 2010? Nothing. At this point, the opinion of the CEO at the time means nothing when stacked up next to the business guesstimates of the dueling bean counters.

      While HP's conduct may not be the most admirable, I basically agree with their stance -- allowing Apotheker to duck the subpoena may seem distastefully passive-aggressive, but the CEO has a fiduciary duty to the stock holders of a large multinational.

      My personal opinion is that the judicial system has been taken over by lawyers and is run for the benefit of lawyers. IMHO the judge probably granted a silly subpoena because judges are in the habit of giving lawyers whatever they want in terms of more testimony, more paperwork, more vaguely related evidence, and more billable hours, regardless of what common sense would suggest.

      This is just a gambit on Oracle's part to drag Apotheker's name through the mud. Maybe the man deserves this. Maybe he doesn't. I do not see why I should care.

    18. Re:hmm by nomadic · · Score: 1

      They're looking to have him testify, not putting him on the rack. It's not really that big a deal, unless you have something to hide. Yes, it's stressful, yes it's unpleasant, but if you're going to be the CEO of a large company you have to be able to put up with that stuff.

    19. Re:hmm by Martin+Blank · · Score: 1

      Anyway, where's an all-male a capella group when you really need it?

      On tour.

      --
      You can never go home again... but I guess you can shop there.
    20. Re:hmm by Jedi+Alec · · Score: 1

      Hmmm, a supervillain: "The Apothecary".

      Would that make Windows the poison pill he puts into every HP workstation?

      (Note: Apotheker is dutch for Apothecary)

      --

      People replying to my sig annoy me. That's why I change it all the time.
  5. Search Everywhere by rakuen · · Score: 1, Funny

    Did anyone check the dumpster out back? That's where I'd hide the body, I mean, hide a CEO from the law.

    1. Re:Search Everywhere by Anonymous Coward · · Score: 0

      This is an honest question. What is the bleedin' deal with marking obvious jokes as Troll? I'm not trying to provoke anyone with this remark. I mean, WHO would I provoke? The CEO who can't even look at this because then he would be on the map and able to be subpoenaed? Neither is it very offtopic, as the post is relevant to the conversation. Maybe they ARE hiding the CEO in a dumpster. You're not them, you don't know. Really, I see a far better use for mod points being downrating actual flaming and ignorance of the subject at hand, rather than harmless jesting.

      Or maybe I should simply be honored someone saw fit to bother spending a mod point on me to begin with. What do I know?

    2. Re:Search Everywhere by Anonymous Coward · · Score: 0

      This is an honest question. What is the bleedin' deal with marking obvious jokes as Troll?

      You are so right. For obvious jokes, marking them Redundant makes a lot more sense. Someone should get to work on that immediately.

    3. Re:Search Everywhere by corbettw · · Score: 2, Funny

      Note to self: avoid rakuen's dumpster, especially shortly after eating.

      --
      God invented whiskey so the Irish would not rule the world.
  6. Don't worry... by DWMorse · · Score: 3, Funny

    Don't worry, they'll find him when he checks his Facebook page!

    --
    There's a spot in User Info for World of Warcraft account names? Really?
    1. Re:Don't worry... by Vectormatic · · Score: 2, Funny

      Leo Apotheker, status: What's up doc.. eh Larry?

      Larry Ellison, status: SSSHH i'm hunting Wabb.. eh.. CEOs

      --
      People, what a bunch of bastards
    2. Re:Don't worry... by Red+Flayer · · Score: 1

      Larry Ellison, status: SSSHH i'm hunting Wabb.. eh.. CEOsWhat is that, some kind of double-encrypted super secret transmission protocol? Do you have the specs for it? Is it up for approval as a standard?

      I guess regular old SSH isn't cutting it anymore.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  7. Quash by Benosaurus · · Score: 1

    Why not just file a motion to quash? Interesting.

  8. Is it me or by Anon-Admin · · Score: 3, Interesting

    has HP become less than reputable, Sun's continued existence become questionable, Oracle's motives become dubious, all while Linux continues to gain market share.

    Ok, the Linux bit was just for fun, but really what in the heck is the Tech world smoking. It is getting strange!

    1. Re:Is it me or by Sponge+Bath · · Score: 4, Insightful

      ...has HP become less than reputable

      Eventually, your reputation reflects your actions. I think HP has thoroughly buried its previous reputation as an innovator and great place to work.

    2. Re:Is it me or by Anonymous Coward · · Score: 1, Funny

      No it's not you. I find HP's executive board's decision to make Leo CEO unstable to HP's brand. I know HP and Oracle like to work together on large deals too, so it makes for strange bedfellows. The reality is HP has some real talent in their ranks at the executive level that could have easily taken the reigns. I think there would have been more pride for the HP employees to see someone from inside their ranks get the title of CEO. But now it looks like some tech giant CEO shuffle as CEOs play pass the title from one failure or embarrassment to another. The only up side is maybe this is a bit like the days where kingdoms forced marriages between royalty to stave off conflicts. Except HP and SAP to release a press release in the next few quarters on "working together."

    3. Re:Is it me or by Machtyn · · Score: 1

      When did you come to that reality? I got to that point at around the late 1990's. Their HP-48GX calculators were great, though (released late 80's - early '90's).

    4. Re:Is it me or by Anonymous Coward · · Score: 1, Insightful

      Software is treated like a commodity and now so are the people. In a war of Oracle vs. SAP vs. HP the only good outcome is that the management of all the companies gets drug through the mud and sent packing with their golden parachutes tucked into their cash stuffed brief cases. The nerds no longer rule the roost but the lawyers and business hacks are at the helm.

    5. Re:Is it me or by drerwk · · Score: 1

      They died when they spun off Agilent. I liked their test equipment, and possibly their early ink jet printers.

    6. Re:Is it me or by UncleTogie · · Score: 1

      When did you come to that reality? I got to that point at around the late 1990's. Their HP-48GX calculators were great, though (released late 80's - early '90's).

      I call them the "Fiorina Days", and still gripe about it.

      --
      Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
    7. Re:Is it me or by mjwalshe · · Score: 1

      HP started going down hill in the 80's (82/82) I remember being shocked when we had a dead on arrival new hp calculator delivered - the engineer whose new calculator it was had a stream of visors who wanted to touch it to prove to themselves that hp had developed a duff piece of kit.

    8. Re:Is it me or by Macrat · · Score: 1

      has HP become less than reputable, Sun's continued existence become questionable

      Sun hasn't existed for quite some time.

    9. Re:Is it me or by haruchai · · Score: 0, Troll

      And to the humorless dick who tried to mod me Troll, bring it on bee-atch.

      --
      Pain is merely failure leaving the body
    10. Re:Is it me or by haruchai · · Score: 0, Troll

      That's all you got Tiny(dick)!?!? Come on, use up another mod-point, schmuck.
      You'll no doubt be found shriveled up in your mom's basement with a frown on your face 'cause you never learned when just to laugh.
      Bet you voted for O'Donnell, too ( and both of you lie about masturbation )

      Bluddy Wanker!

      --
      Pain is merely failure leaving the body
    11. Re:Is it me or by haruchai · · Score: 1

      Slashdot gave you another set of mod points did they? Man, they'll just give it away to any of you right-wingnut, Micro$hitlls (pronounced micro-shittles, doncha know).

      Hey, before you go whacking off to the wannabe-witch's poster, just remember that the stupid lying bitch's snatch is hairier than a buffalo's headrag.
      But, she does like them young - so maybe you'll be in luck.
      Don't take my word for it - just fuckin' google it, dweeb. Play your cards right and you might just be the Designated Teabagger!

      --
      Pain is merely failure leaving the body
    12. Re:Is it me or by jamesh · · Score: 1

      has HP become less than reputable, Sun's continued existence become questionable, Oracle's motives become dubious, all while Linux continues to gain market share.

      My next computer will be a Linux!

  9. How about... by blisteringsilence · · Score: 5, Interesting

    He's traveling right now. I saw him in Plano last week, and he's been to many HP sites worldwide in the last 3 weeks, in a bid to calm employees and reassure HP's biggest customers. I don't know what this BS is about the board keeping him away. He's doing his job, meeting people and reaching out.

    And after hearing him speak and meeting with him last week, I have to say I'm impressed. He's not the used car salesman that Mark was, nor the fiery bitch that Carli was. He's kind of a geek, and a definite software nerd. Not only that, he genuinely impressed me. He's sharp and capable without being slimy. And unlike most Germans, he appears to have had his sense of humor reinstalled.

    Moreover, he's SMART about the tech HP sells, and why people buy it in a way that Mark never was.

    And I'll take that.

    1. Re:How about... by Anonymous Coward · · Score: 4, Interesting

      Glad you like him. We had him for too short a time I think. I totally agree with your assessment of him as a person. The only downside that I remember is that he has a small case of foot-in-mouth disease. About 1 in every 4 meetings he would say something that I'm sure made the PR people cringe. On the up side, it makes listening to his keynotes and Q&A more interesting.

    2. Re:How about... by Anonymous Coward · · Score: 0

      This is payback for all the Sun attacks prior to acquisition >:)

    3. Re:How about... by Nevo · · Score: 1

      Still, the company could accept the subpoena on his behalf. Not doing so is just going to piss off the court.

    4. Re:How about... by Comatose51 · · Score: 1

      Good to hear that. There is a lot of love and respect for HP among nerds. They do great work and have excellent engineers. If only they found the management and board to match the quality of their engineers, HP will be great.

      --
      EvilCON - Made Famous by /.
    5. Re:How about... by ceejayoz · · Score: 1

      I'm pretty sure you have to be served a subpoena directly.

    6. Re:How about... by Anonymous Coward · · Score: 0

      Under Leo's leadership, SAP fell of the employee satisfaction charts. We hemorrhaged top talent and lost credibility with our customers. Major changes to the way we operate, implemented after Leo's forced departure are finally starting to right the ship... so, yeah, good luck with Leo. You're welcome to him.

    7. Re:How about... by Anonymous Coward · · Score: 0

      to bad they have had a lot of stumbles lately and the perception is their stuff is not only lagging in terms of bang-for-buck but now getting more bug ridden.

      I cite their most recent firmware update that might fix a data loss issue for common raid levels and "large slow downs" with "high load" issue with all their p-series raid cards. this bug had been reported to them a long time and reject by them repeatedly as not possible. then they quietly fix it 1.5 years later.

      seriously HP is lagging, I can't wait till my company pull our heads out and dump the 1,000+ hp servers we have for something that isn't a bug riddled slow I/O POS.

      hpacucli has so very many bugs that a first year C programmer in college could fix. that HP continues to not address these issues is shameful.

      if anyone at HP is reading this, fix your direction, get back to making decent product. That acutally looks like it had some QA testing done on it. Get back to the performance leader board. OR don't and see how long people keep swallowing the junk you have been putting out for the last few years.

    8. Re:How about... by Anonymous Coward · · Score: 0

      Actually it depends upon the judge. It's definitely happened where a judge accepted a subpoena as delivered that was merely left on the individual's doorstep.

    9. Re:How about... by yuhong · · Score: 1

      Which begs the big question: Will things improve for HP employees?

    10. Re:How about... by yuhong · · Score: 1

      I know, but I think Mark Hurd was worse. For example, he cut salaries, while Leo didn't from what I read.

    11. Re:How about... by Bigjeff5 · · Score: 1

      Figures HP would get someone good after I leave.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    12. Re:How about... by Daniel+Phillips · · Score: 2, Informative

      There is a lot of love and respect for HP among nerds.

      There was at one time, before Carly and Hurd, and while the illustrious founders were still alive. Speaking as a nerd.

      --
      Have you got your LWN subscription yet?
    13. Re:How about... by Red+Flayer · · Score: 4, Insightful

      Yeah, but SAP is a largely German company. German employees demand they be treated well.

      HP is global, but largely American. We Americans bend over and take it in the ass gleefully, compared to German workers. Especially since the fearmongers have us running scared due to the economy.

      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
    14. Re:How about... by Svartalf · · Score: 1

      The Judge was wrong in doing so if they did that. Fails due process several ways.

      Many lawyers would be able to get at least a continuance if it was an ongoing trial and a reversal/dismissal on a default judgment if they tried a bit as the party wasn't properly served- and couldn't be so with what was done.

      Service constitutes varying things- but that's not one of them. If you're in a divorce, they've given an allowance for, once you've tried to serve them physically, to serve the other party by public announcement, but it requires you proving that your attempt to serve them by process server produced no results over several months' time. And that's really only for a divorce. You HAVE to physically serve someone for things like this- or it doesn't count.

      Now, I'd be a bit cheesed by HP's PR people making the statement they have- willfully avoiding a process server is a contempt of court type of thing. I'd have kept mum on it and just merely not disclosed it as they're under no obligation to hand them his schedule, etc.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    15. Re:How about... by Vancorps · · Score: 1

      Until recently I thought I was the only one with this opinion, I'm glad I'm not alone in thinking that! It's really sad to see how far they have fallen. These days it's hard to find a server manufacturer worth a damn. It basically comes down to Dell or HP, IBM is kind of a joke. IBM with their limited offerings at least has support to back it up, the other two are pathetic while HP has supply problems as of late. What do you mean I have to wait a month for 12 core servers? I've taken to just building Supermicro servers, while missing a lot of the advanced management capabilities their costs at my levels of purchasing make them way too attractive for one off projects.

    16. Re:How about... by jafac · · Score: 1

      He's not the used car salesman that Mark was, nor the fiery bitch that Carli was. He's kind of a geek, and a definite software nerd.

      No wonder they're trying to shut him down.

      And unlike most Germans, he appears to have had his sense of humor reinstalled.

      To which Germans, specifically, are you referring? In my experience, Germans, though possessing a very dry humor, are among the funniest sons of bitches in the world. Oh wait. The males. Not the females.

      --

      These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    17. Re:How about... by tgd · · Score: 1

      HP is global, but largely American. We Americans bend over and take it in the ass gleefully, compared to German workers. Especially since the fearmongers have us running scared due to the economy.

      You need to watch more German porn ...

    18. Re:How about... by pjfontillas · · Score: 1

      I'm positive you have to be served the subpoena directly. Or his spouse can receive it, but in that case there would need to be a follow up to verify that he eventually did receive the document.

      --
      Life. Is. Good.
    19. Re:How about... by Anonymous Coward · · Score: 0

      Who wrote this his mother?

  10. Lets see how this goes... by Anonymous Coward · · Score: 1, Interesting

    Lets see how this goes.

    Before when a small UK company didn't turn up to court, they were ruled against by default, under the assumption that whatever the prosecution said about them was uncontested.

    Here will the CEO of a big company be likewise assumed guilty?

    1. Re:Lets see how this goes... by Anonymous Coward · · Score: 0

      Since he's not on trial here, it's kinda different.

    2. Re:Lets see how this goes... by Anonymous Coward · · Score: 0

      IANAL -- either here or in the US

      would he not be exposed to the risk of a "contempt of court" charge (or whatever local equivalent is in place)?

    3. Re:Lets see how this goes... by gknoy · · Score: 1

      If a subpoena isn't actually served to him, what would he be in contempt of? "Your honor, we're pretty sure that he knew we wanted to serve him, but can't prove it, and never managed to serve him his subpoena..."
      I doubt that would fly far.

    4. Re:Lets see how this goes... by TheLink · · Score: 1

      I'm sure the CEO of HP checks his email once in a while.

      --
  11. I'm confused by somaTh · · Score: 3, Interesting

    How is HP not guilty of obstruction of justice?

    Like I really need to say it, but here it is anyway: IANAL.

    --
    Nostalgia isn't what it used to be.
    1. Re:I'm confused by Anonymous Coward · · Score: 0

      You're also not a skeptic. Taking what Oracle says at face value is pretty naive. If you're that way in general, please remember to ask any of your sexual assaulters to wear a condom (assuming they leave you conscious).

    2. Re:I'm confused by Anonymous Coward · · Score: 3, Interesting

      He is the CEO of an american multinational, he has spent most of his life in Belgium and Germany. I would imagine his only reasons to set foot on US soil are business meetings and site visits. Considering the extent of HPs international holdings and operations, he need never visit the nation during his tenure as chief executive. Unless you fancy trying to extradite a witness, it's probably better for Oracle just to "let it go". ... background: I worked for a US multinational corp for a decade and avoided having to submit to the indignity of US border controls.

    3. Re:I'm confused by Anonymous Coward · · Score: 0

      Thanks! I wish I had mod points for the information.

    4. Re:I'm confused by Bigjeff5 · · Score: 1

      Because the guy is actually working (he's a new CEO, he's going to HP's hubs around the world for what boils down to a meet and greet), and you don't have to accept a subpoena.

      However if you accept it (whether you know what it is when you accept it or not), you've got to show up.

      Basically, Leo hasn't been served the subpoena yet, and until he is served he is not required to show up in court. HP is not accepting the subpoena for him (since it's not HP that the subpoena is for), so until they manage to track him down and serve him they are stuck. The fact that he knows about the subpoena now makes it very difficult to serve him if he doesn't want to do it.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    5. Re:I'm confused by Bigjeff5 · · Score: 2, Informative

      It's not a matter of extraditing him. He's in the US, and he will be working in the US. He is currently visiting all the HP hubs around the country/world - it's completely legitimate business, especially for a new CEO.

      They have to serve you in person. They also cannot serve you with a subpoena outside the court's jurisdiction, so until he returns to HP headquarters they are shit out of luck.

      They can't serve it to HP because HP is not a person, and is not the person the subpoena is for. So they are stuck until they find him in person and can serve him.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    6. Re:I'm confused by Svartalf · · Score: 1

      Indeed. Shrewd move as there's a time limit on trying to serve him as well. The PR people make it sound like he's deliberately doing it (contempt of court sanction time if so...) but it's not really that way- or can be phrased so it isn't so. Once the time limit's up, they have to re-file; but they may be out of time in the court case against SAP by that point.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    7. Re:I'm confused by Svartalf · · Score: 1

      And they can't serve him while out of the court's jurisdiction. Until he agrees to be party to the case via the subpoena, he is only subject to it while he's physically there in it's jurisdiction. Answer, don't be there but don't be seen to doing it deliberately by the court in doing it. There's a time limit on this and it's probably going to expire on Oracle before he's back to the corp offices in Texas. :-D

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
    8. Re:I'm confused by Kakari · · Score: 1

      They can't serve it to HP because HP is not a person

      And here I thought corporate personhood was real now.

    9. Re:I'm confused by Anonymous Coward · · Score: 0

      And I really hate to say it, but IANUS

  12. Strange times by wandazulu · · Score: 1

    I think you're right; the tech world is full of weirdness right now. Everyone was familiar with the whole "windows on the desktop, unix on server, mac for graphics" paradigms, but with the rise of the smart phones, cloud, social-media-everything, it really is a new world, but not new enough that you can't read the billboards.

    Awesome times if you embrace the weirdness; people who hold fast to the way it used to be will ....HEY GET OFF MY LAWN!

  13. Wow. by RiotNrrd · · Score: 2, Funny

    As someone who is a customer of both of these companies, I kinda wish they'd spend less time throwing lawsuits at each other and more time providing value to their customers. I'm just sayin'...

    1. Re:Wow. by Anonymous Coward · · Score: 1, Insightful

      Quiet, pleb. They're trying to make money here. This has nothing to do with your petty concerns as a customer. Now go buy more ink cartridges and laptops like a good lower-class-than-they-are money conduit.

  14. Oh come on now really by Junior+J.+Junior+III · · Score: 0, Troll

    'Given Leo's limited knowledge of and role in the matter, Oracle's last-minute effort to require him to appear live at trial is no more than an effort to harass him and interfere with his duties and responsibilities as HP's CEO.'

    And staying away from the office, hiding somewhere out of jurisdiction isn't interfering with his duties and responsibilities? Just fucking show up, testify, and be done with it. What's that going to take, a day, a week tops?

    --
    You see? You see? Your stupid minds! Stupid! Stupid!
  15. Actually... by uzd4ce · · Score: 3, Insightful

    He's been travelling to HP sites across the globe to get face to face employee input and hopefully boost morale. I'd much rather he do that and get a handle on the company than submit to Oracle's harassment in a suit where he's already given sworn, taped testimony. The last thing HP needs is another lame-ass distraction for the CEO.

  16. Hmmm..... by mseeger · · Score: 4, Informative

    Honestly: if Oracle is after him, the guy must be inocent.

  17. All I can say is "Bwwwwaaaaaaa ha ha ha ha by fkx · · Score: 0

    The corporate asshole clown circus must be in town.

  18. I could find him in a few days by Wireless+Joe · · Score: 1, Funny

    All I'd have to do is stake out the next pro-am golf tourney, the most expensive ski resort, the biggest VIP box at his favorite sports team's next game, the most expensive rental in Martha's Vineyard, or the biggest sloop at the next luxury yacht regatta. Looking for a CEO at work is just stupid.

    1. Re:I could find him in a few days by Svartalf · · Score: 2, Interesting

      Ahh... But they have to serve him WITHIN the Court's jurisdiction, else it's not proper service and carries no force of law. It's not QUITE as simple as you're making it out to be. If they don't serve him within the confines of his jurisdiction and he's off on legit company business (which he is, actually) they can't serve him and when the clock on their ability to serve the subpoena runs out they've got to try for it again- and I'll bet good money they don't have the time to do it after the clock runs out on them this go-round.

      --
      I am not merely a "consumer" or a "taxpayer". I am a Citizen of the State of Texas
  19. Re:How about.../PR People by uzd4ce · · Score: 1

    and I think that making PR people cringe is a good thing... Wow, he is human after all. It's nice to have someone who's down to earth and has a real sense of humor leading for once. Now just to see if it trickles down through the many layers of management....

  20. Rack width requirements by becker · · Score: 1

    That's why 24" racks (instead of the 19" standard "relay" rack) are becoming much more common.

    1. Re:Rack width requirements by NatasRevol · · Score: 1

      Do they have double-width racks?

      --
      There are two types of people in the world: Those who crave closure
    2. Re:Rack width requirements by NevarMore · · Score: 1

      Yea but you gotta nail 'em together in the middle to keep the raccoons out.

  21. but... by Anonymous Coward · · Score: 0

    where's my 42 million dollar bonus?!!!
    Do you know how many staplers I have to steal to make that kind of dosh?!!!

    ooops, that was CEO n-1, nevermind...

  22. "Oracle" is Greek for "Shylock bastards" by swschrad · · Score: 1

    and Ellison really needs to get back on his meds.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
  23. HP's position seems strong here by Comrade+Ogilvy · · Score: 2, Interesting
    From TFA:

    "Oracle had ample opportunity to question Leo during his sworn deposition in October 2008 and chose not to include him as a live trial witness until he was named CEO of HP," an HP spokesperson said in a statement. "Given Leo's limited knowledge of and role in the matter, Oracle's last-minute effort to require him to appear live at trial is no more than an effort to harass him and interfere with his duties and responsibilities as HP's CEO."

    Of course, HP may be pulling the wool over our eyes. But if it was not obvious in 2008 and 2009 that live testimony would be likely necessary, then it is difficult to believe that he is so important to the suit here in late 2010.

  24. Some software IS a commodity by sjbe · · Score: 1

    Software is treated like a commodity...

    There is a great deal of software that IS a commodity from the perspective of the people who purchase/use software. Commodities are fungible which means there are easy substitutes available. The commodity is undifferentiated from the view of the person/entity who purchases or uses it. As an example, the software on my cell phone that allows me to make calls is from my perspective undifferentiated. I have 3 phones in my house, all from different manufacturers, and from my perspective there is no meaningful difference between them for purposes of calling. It is a commodity and I would not pay any of the makers a premium over any of the others for that feature. The code is undoubtedly different in many respects but as the actual user, I either can't tell or don't care about the differences. Products do not actually have to be identical to be a commodity or to be treated as one. Computers from Dell and HP are not identical but it is reasonable for consumers to treat them as commodities because either will serve my needs equally well.

    There is plenty of software that is NOT a commodity but we shouldn't pretend for a moment that all software is differentiated. Much software is (by design) completely interchangeable for a given purpose. This does not mean it is less important or less worthy of respect. Gold is a commodity, but no one will argue it isn't valuable.

  25. Suspend by geekoid · · Score: 1

    there corporate paper and don't allow any trading with their stock.

    They'll drop him off anywhere they want, probably hod tied.

    Yeah, it would hurt the company, possible destroying them. To bad. OTOH, I suspect it would ever need to be done only once. Maybe just the threat would be enough.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:Suspend by laughingcoyote · · Score: 1

      On what grounds, exactly?

      Contrary to what some people think (and admittedly, contrary to how some of them act), judges are not gods who can just do whatever the hell they want. If the judge in this case issued an order like that, there would be a stay on it from the next court up faster than you could blink. And since there would be no legal grounds underpinning it, it would then be solidly overturned on appeal while the temporary stay kept it from ever having any effect anyway. Since this subpoena is against a specific person, not HP as a company, there are no grounds for the judge to take action against HP. They can't order your family imprisoned to try and force you to show up for court, either. You can't just take action against people or organizations related to someone because they're related.

      --
      To fight the war on terror, stop being afraid.
  26. Parent is not a troll, mod up by Dryanta · · Score: 1

    seriously? it's a completely valid point. he will get served inevitably so why generate negative press? too many fools have mod points :(

  27. Who would you work for... by akayani · · Score: 1

    Oracle a bag of capitalist scumbags involved in 'sue you' or SAP that provide staff with great facilities, child care and most importantly heaps and heaps of M&Ms.