Legal motivation: None?
I find it hard to believe that an article about this subject is written without the input from any experienced lawyer. Who cares what 'industry experts' without any legal education believe what Oracle can or cannot get away with?
Do the readers and journalism a favor: Also interview at least one experienced subject lawyer. Try to reach out to people like Robin Fry at DAC Beachcroft, Judica Krikke at Stibbe, or the firm Mars hired. Hear how the EU laws / Civil Law / Copyright and Contract laws work.
I'm confident that the Register will rewrite the entire article.