HP is taking legal action against Oracle for allegedly breaching its 2010 partnership agreement of porting HP’s core software products with the latest versions of Itanium. In March, Oracle announced it would not be developing any new versions for products designed for the Itanium processor. Itanium has the ability to power the so-called Business Critical Systems hardware for extremely demanding enterprise applications. However, Oracle said the chip line is about to die.

The companies’ lawyer met in the Santa Clara County Superior Court with Judge James Kleinberg presiding to discuss their side of the event. Others in the courtroom included Ann Livermore, HP board member and former enterprise business chief, and Oracle’s co-President Safra Catz. Catz and Livermore were the two key negotiators for the agreement. Livermore was to testify later in the day. Kleinberg is set to rule if the companies had a legally binding contract.

Jeff Thomas, HP’s lawyer, focused on the so-called Hurd Agreement wording, where the companies reiterated their partnership after Oracle hired Mark Hurd, former CEO for HP. HP also sued Hurd for breaking the confidentiality agreement.

Thomas and the lead lawyer for Oracle focused on one paragraph of the agreement, which read Oracle would continue to provide its product suite on the HP platform in a way that’s consistent with the existing partnership before Hurd’s hiring.

Although reports made in May 2010 indicate that Android had outsold Apple iPhones, more recent and current reports of the 2^nd quarter of 2011 made by National Purchase Diary (NPD) on Mobile Phone Track service, which listed the top five selling smartphones in the United States for the months of April-June of 2011, indicate that Apple's iPhone 4 and iPhone 3GS outsold other Android phones on the market in the U. S. for the third calendar quarter of 2011. This was true for the previous quarter of the same year; The iPhone 4 held the top spot.  The fact that the iPhone 4 claimed top spot does not come as a surprise to the analysts; rather, it is a testament to them of how well the iPhone is revered among consumers. The iPhone 3GS, which came out in 2009 outsold newer Android phones with higher screen resolutions and more processing power. The list of the five top selling smartphones is depicted below:

1. Apple iPhone 4
2. Apple iPhone 3GS
3. HTC EVO 4G
4. Motorola Droid 3
5. Samsung Intensity II[1]

Apple’s iPhone also outsold Android devices7.8:1 at AT&T’s corporate retail stores in December. A source inside the Apple company told The Mac Observer that those stores sold some 981,000 iPhones between December 1st and December 27^th 2011, and that the Apple device accounted for some 66% of all device sales during that period (see the pie figure below) . Android devices, on the other hand, accounted for just 8.5% of sales during the same period.

According to the report, AT&T sold approximately 981,000 iPhones through AT&T corporate stores in the first 27 days of December, 2011 while 126,000 Android devices were sold during the same period. Even the basic flip and slider phones did better than Android, with 128,000 units sold.[2] However, it is important to understand that this is a report for one particular environment at a particular period in time. As the first iPhone carrier in the world, AT&T has been the dominant iPhone carrier in the U.S. since day one, and AT&T has consistently claimed that the iPhone is its best selling device.

Chart courtesy of Mac Observer: http://www.macobserver.com/tmo/article/iphone_crushes_android_at_att_corporate_stores_in_december/

A more recent report posted in ismashphone.com, dated January 25 2012, indicated that Apple sold 37 million iPhones in Q4 2011.  It appears that the iPhone 4S really helped take Apple’s handset past competing Android phones. According to research firm Kantar Worldpanel ComTech, Apple’s U.S. smartphone marketshare has doubled to 44.9 percent.[3] Meanwhile, Android marketshare in the U.S. dropped slightly to 44.8 percent. This report means that the iPhone has edged just a little bit past Android in U.S. marketshare. This is occurred after Apple’s Q1 2012 conference call, which saw themselling 37 million handsets. Meanwhile, it’s reported that marketers of Android devices, such as Motorola Mobility, HTC and Sony Ericsson saw drops this quarter.

Millions of people experienced the frustration and failures of the Obamacare website when it first launched. Because the code for the back end is not open source, the exact technicalities of the initial failings are tricky to determine. Many curious programmers and web designers have had time to examine the open source coding on the front end, however, leading to reasonable conclusions about the nature of the overall difficulties.

Lack of End to End Collaboration
The website was developed with multiple contractors for the front-end and back-end functions. The site also needed to be integrated with insurance companies, IRS servers, Homeland Security servers, and the Department of Veterans Affairs, all of whom had their own legacy systems. The large number of parties involved and the complex nature of the various components naturally complicated the testing and integration of each portion of the project.

The errors displayed, and occasionally the lack thereof, indicated an absence of coordination between the parties developing the separate components. A failed sign up attempt, for instance, often resulted in a page that displayed the header but had no content or failure message. A look at end user requests revealed that the database was unavailable. Clearly, the coding for the front end did not include errors for failures on the back end.

Bloat and the Abundance of Minor Issues
Obviously, numerous bugs were also an issue. The system required users to create passwords that included numbers, for example, but failed to disclose that on the form and in subsequent failure messages, leaving users baffled. In another issue, one of the pages intended to ask users to please wait or call instead, but the message and the phone information were accidentally commented out in the code.

While the front-end design has been cleared of blame for the most serious failures, bloat in the code did contribute to the early difficulties users experienced. The site design was heavy with Javascript and CSS files, and it was peppered with small coding errors that became particularly troublesome when users faced bottlenecks in traffic. Frequent typos throughout the code proved to be an additional embarrassment and were another indication of a troubled development process.

NoSQL Database
The NoSQL database is intended to allow for scalability and flexibility in the architecture of projects that will use it. This made NoSQL a logical choice for the health insurance exchange website. The newness of the technology, however, means personnel with expertise can be elusive. Database-related missteps were more likely the result of a lack of experienced administrators than with the technology itself. The choice of the NoSQL database was thus another complication in the development, but did not itself cause the failures.

Another factor of consequence is that the website was built with both agile and waterfall methodology elements. With agile methods for the front end and the waterfall methodology for the back end, streamlining was naturally going to suffer further difficulties. The disparate contractors, varied methods of software development, and an unrealistically short project time line all contributed to the coding failures of the website.

Is it possible for anyone to give Microsoft a fair trial? The first half of 2012 is in the history books. Yet the firm still cannot seem to shake the public opinion as The Evil Empire that produces crap code.

I am in a unique position. I joined the orbit of Microsoft in 1973 after the Army decided it didn't need photographers flying around in helicopters in Vietnam anymore. I was sent to Fort Lewis and assigned to 9th Finance because I had a smattering of knowledge about computers. And the Army was going to a computerized payroll system.

Bill and Paul used the University of Washington's VAX PDP computer to create BASIC for the Altair computer. Certainly laughable by today's standards, it is the very roots of the home computer.

Microsoft became successful because it delivered what people wanted.