HP CEO Goes On the Lam As Oracle Hunts Him Down 137
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."
CEO? Must be in Taihiti (Score:4, Insightful)
Why would a CEO be at work? That is just a silly assumption.
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Well it's the only place he can have his affair without his wife finding out.
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Every man can play his best, and away, at the 19th.
Re:CEO? Must be in Taihiti (Score:5, 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.
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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.
Don't mess with Larry (Score:4, Funny)
He's a ninja.
Or, at least, he can afford to hire a bunch of them.
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But pirates > ninjas.
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Only on the high seas, and possibly while delivering pizza.
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This guy disagrees.
http://www.youtube.com/watch?v=Gxi_ZJ9RP7o [youtube.com]
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Well at least we know what team you are batting for.
Butt Pirates < Ninjas for the rest of us.
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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..
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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
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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.
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You go around telling children there is no Santa Clause or Easter Bunny or Tooth Fairy don't you?
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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.
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Oh, you mean Conservation of Ninjutsu [tvtropes.org]?
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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.
Lesson is... (Score:1, Flamebait)
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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
hmm (Score:3, Interesting)
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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.
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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".
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It's not the height, it's the width requirements that would kill most nerds...
Rack width requirements (Score:2)
That's why 24" racks (instead of the 19" standard "relay" rack) are becoming much more common.
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Do they have double-width racks?
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Yea but you gotta nail 'em together in the middle to keep the raccoons out.
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It's been my observation that few of us are normal sized, but half are overweight and half are underweight.
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my height in rack untits
Associative Freudian slip, or veiled mammary reference?
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Well spotited
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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?
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It's my turn with the sex box... and her name is Sony!
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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 . . . "
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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"?
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How about we turn it into a game show like Where in the World is Leo Apotheker?
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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?
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On tour. [rockapella.com]
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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...
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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? Noth
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Search Everywhere (Score:2, Funny)
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Note to self: avoid rakuen's dumpster, especially shortly after eating.
Don't worry... (Score:4, Funny)
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Leo Apotheker, status: What's up doc.. eh Larry?
Larry Ellison, status: SSSHH i'm hunting Wabb.. eh.. CEOs
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Quash (Score:1)
Is it me or (Score:4, 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!
Re:Is it me or (Score:5, Insightful)
Eventually, your reputation reflects your actions. I think HP has thoroughly buried its previous reputation as an innovator and great place to work.
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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.
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Some software IS a commodity (Score:2)
Software is treated like a commodity...
There is a great deal of software that IS a commodity [wikipedia.org] from the perspective of the people who purchase/use software. Commodities are fungible [wikipedia.org] 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 meaningf
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Strange times (Score:2)
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!
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has HP become less than reputable, Sun's continued existence become questionable
Sun hasn't existed for quite some time.
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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!
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And to the humorless dick who tried to mod me Troll, bring it on bee-atch.
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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!
How about... (Score:5, Interesting)
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.
Re:How about... (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.
Re:How about.../PR People (Score:1)
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I'm pretty sure you have to be served a subpoena directly.
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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 anno
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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.
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Which begs the big question: Will things improve for HP employees?
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Figures HP would get someone good after I leave.
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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.
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Re:How about... (Score:5, Insightful)
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.
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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 ...
Lets see how this goes... (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?
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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.
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I'm confused (Score:4, Interesting)
Like I really need to say it, but here it is anyway: IANAL.
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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 ha
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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
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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.
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They can't serve it to HP because HP is not a person
And here I thought corporate personhood was real now.
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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
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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
Wow. (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'...
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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.
Oh come on now really (Score:1, Troll)
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?
Parent is not a troll, mod up (Score:1)
Actually... (Score:3, Insightful)
Hmmm..... (Score:5, Informative)
Honestly: if Oracle is after him, the guy must be inocent.
I could find him in a few days (Score:2, Funny)
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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 o
"Oracle" is Greek for "Shylock bastards" (Score:2)
and Ellison really needs to get back on his meds.
HP's position seems strong here (Score:2, Interesting)
"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.
Suspend (Score:2)
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.
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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 again