In a letter dated September 25, 2009, the TPC fined Oracle $10k based on a complaint filed by IBM. You can read the letter here.
Recently, Oracle ran an advertisement in The Wall Street Journal and The Economist making unsubstantiated superior performance claims about an Oracle/Sun configuration relative to an official TPC-C result from IBM. The ad ran twice on the front page of The Wall Street Journal (August 27, 2009 and September 3, 2009) and once on the back cover of The Economist (September 5, 2009). The ad references a web page that contained similar information and remained active until September 16, 2009. A complaint was filed by IBM asserting that the advertisement violated the TPC’s fair use rules.
Oracle is required to do four things:
1. Oracle is required to pay a fine of $10,000.
2. Oracle is required to take all steps necessary to ensure that the ad will not be published again.
3. Oracle is required to remove the contents of the page www.oracle.com/sunoraclefaster.
4. Oracle is required to report back to the TPC on the steps taken for corrective action and the procedures implemented to ensure compliance in the future.
At the time of this writing, the link http://www.oracle.com/sunoraclefaster is no longer valid.