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.

When you think about the black market, I’m sure the majority of you will think of prohibition days.  When alcohol was made illegal, it did two things: It made the bad guys more money, and it put the average joe in a dangerous position while trying to acquire it.  Bring in the 21^stcentury. Sure, there still is a black market… but come on, who is afraid of mobsters anymore? Today, we have a gaming black market. It has been around for years, but will it survive? With more and more games moving towards auction houses, could game companies “tame” the gaming black market?

In the old days of gaming on the internet, we spent most of our online time playing hearts, spades… whatever we could do while connected to the internet. As the years went by, better and better games came about. Then, suddenly, interactive multiplayer games came into the picture. These interactive games, mainly MMORPGS, allowed for characters to pick up and keep randomly generated objects known as “loot”. This evolution of gaming created the black market.

In the eyes of the software companies, the game is only being leased/rented by the end user. You don’t actually have any rights to the game. This is where the market becomes black.  The software companies don’t want you making money of “virtual” goods that are housed on the software or servers of the game you are playing on.  The software companies, at this point, started to get smarter.

Where there is a demand…

Much of success is about performance. It’s about what we do and what we are able to inspire others to do. There are some simple performance principles I have learned in my life, and I want to share them with you.  They really bring success, and what it takes to be successful, into sharp focus. They are also the basis for developing and maintaining an expectation of success.

The Five Principles of Performance

1. We generally get from ourselves and others what we expect. It is a huge fact that you will either live up or down to your own expectations. If you expect to lose, you will. If you expect to be average, you will be average. If you expect to feel bad, you probably will. If you expect to feel great, nothing will slow you down. And what is true for you is true for others. Your expectations for others will become what they deliver and achieve. As Gandhi said, “Be the change you wish to see in the world.”

2. The difference between good and excellent companies is training. The only thing worse than training employees and losing them is to not train them and keep them! A football team would not be very successful if they did not train, practice, and prepare for their opponents. When you think of training as practice and preparation, it makes you wonder how businesses survive that do not make significant training investments in their people.

Actually, companies that do not train their people and invest in their ability don’t last. They operate from a competitive disadvantage and are eventually gobbled up and defeated in the marketplace. If you want to improve and move from good to excellent, a good training strategy will be the key to success.