HPE says $30m Solaris verdict against it didn't provide 'evidence' of copyright
) without Big Red's permission did not"support a finding that any purportedly installed patch is copyrighted."
HPE is saying Oracle failed to prove any of the patches and updates in question"are covered by valid registrations," meaning they wouldn't be protected by copyright. It claimed this"warrants judgment on all of Oracle's copyright claims." Failing this, HPE said it should be given a new trial.There is no dispute Oracle did not register the patches it claims were infringed.
It also went on to claim that Oracle couldn't prove HPE had the right or ability to control software support provider Terix's"purported infringement" to justify a claim for vicarious infringement. Terix is a managed IT services provider alleged to have provided unlicensed Oracle support by getting Solaris patches from Oracle's customer support website and using them to service their own support customers.
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