3 Stories: SaaS Utilization Grows; Infosys Profits Up; IT Street Fighting Hollywood-Style

 

There has been a lot happening recently. I have found three articles I think will be of interest to all of you. The first presents anecdotal evidence that SaaS is steadily becoming accepted in the IT world, but doubts still linger regarding security. The article presents some interesting clues on what’s important from a contracting standpoint. The second article provides some insight into the global marketplace’s emergence from the slump of demand for IT (i.e. companies increase spending for IT services). And the third article is a very witty compilation of the Board Room melodramas over the past few months. Space constraints prevent me from a full analysis of the three articles, but I think I can give you enough information to whet your appetites for more, and of course I’ll provide the links.

I.                    SaaS Adoption Continues:

Patrick Thibodeau provides examples of the continued adoption to the SaaS cloud based system in his article in Computerworld.com entitled IT shifts to the cloud; anecdote by anecdote. It appears that the reasons given by the CIO’s and IT Managers are of no surprise. Mark Stone, the CIO at Safety-Kleen Systems Inc. states:

“With a cloud-based approach, he said, "I can go today to a variety of SaaS providers and put in software that's every bit as functionally rich as anything I've developed on-site" -- without having to worry about the upkeep of an IT infrastructure.”

Lien Chen, CIO at RAE Systems Inc. had an Oracle ERP system that she wanted to integrate with Salesforce CRM. She could have purchased an integration package, which of course would necessitate hiring consultants to implement (i.e. factor in those costs as well). Instead she opted for the less costly cloud-based integration from Informatica. Security issues prevent her from moving all apps to the cloud.

From a contracting perspective the comments I found most informative were from Robert Scott, managing partner at Scott & Scott LLP, a Dallas-based law firm that advises clients on IT contractual issues. He acknowledges the angst over security concerns. His advice when developing the contract for cloud-based services is “You own everything you bring and everything you pay for.” Scott went on to say:

That means, for instance, that if a cloud vendor undertakes integrations and customizations or builds templates and layouts, users have to be certain they can take that work with them if they move to another provider. This could have a big impact on your ability to switch."

II.                  Infosys Profits Up: Forecasts revised

As for evidence that the slumping world economy and in particular global enterprises’ spending estimates for IT is on the way back, see Ketaki Gokhale’s article in Bloomberg Businessweek entitled Infosys Profit Beats Estimate; Increases Forecast. It appears the rebound may be a double edged sword for India’s second largest exporter of software. Yes, Net Income is up 13% for the first three months of their fiscal year, and yes, Infosys joins the likes of Intel in reporting that IT spending is likely to increase in the coming year. However a stronger rupee is stifling the return of those monies earned abroad back to the owner’s in the country of origin, India. Infosys derives 66% of its revenue from North America and 23% from Europe. Gokhale reports on the latest from Forrester Research Inc. that Worldwide information technology spending, which includes computer equipment and software purchases, will grow 7.8 percent to $1.58 trillion this year after falling 8.9 percent in 2009, according to July estimates.”

III.                IT Street Fighting Hollywood-Style

As an attorney involved in the intricacies of software contract drafting, I have a special place in my heart for lists. For a very informative and also enjoyable read, I highly recommend Thomas Wailgum’s article in CIO.com entitled 10 Lessons Learned from the HP-Oracle-SAP-NY Times Saga. In case you haven’t noticed there have been some very high-profile and entertaining board room antics for the past several months. It appears that the CEO, now the ex-CEO, of HP might have been involved in a dalliance that caused the HP board to summarily dismiss him. Not to worry his tennis partner and uber-rich CEO of Oracle, Larry Ellison, hired him in an instant as co-President. Apparently a New York Times columnist wrote nasty things about SAP’s former CEO and this columnist’s girlfriend is employed by the law firm suing SAP. And it seems everybody is taking pot-shots at HP’s board and HP’s board is fighting back. And what about IBM? Looks like they want in on all the tomfoolery. 

 

 

Scoop on SAP CEO Resignation and Business ByDesign

 

 

As many of my readers know, I am a member of the business networking site LinkedIn. In my practice I have had numerous inquiries regarding SaaS agreements and many requests to draft such agreements from my clients. I found and joined a very good group on the LinkedIn networking site entitled Software as a Service (SaaS) Group. The group site itself has a lot of information and discussion groups and news items and I found it to be a good resource when I encountered some unusual issues. So one day I’m sitting in front of my computer when a LinkedIn notice pops into my inbox from Justin Pirie entitled “Your guide to the week’s events in SaaS for the Linkedin SaaS group by Justin Pirie.” He got my attention and so I checked it out and I am glad that I did. His site Paradigm Shift Actionable Insight for a cloudy world has a plethora of information. It is current, it is informative, it is hard hitting, and a must read. I like the sources he cites. It is a bit of a “No holds barred” approach. 

As an ex-SAP employee sometimes it is hard to see the forest through the trees and I tend to tread lightly, especially since a significant part of my current practice involves SAP licensing and drafting of Master Service Agreements for the implementation of SAP software. However I also am aware that it is also important to be forthright and recognize the issues and Justin Pirie does that in his blog. With the current news regarding SAP and the upheaval that has ensued, I think Justin’s approach is the right one. He starts with a cite to Paul Hamerman’s article for Forrester entitled SAP Announces Changes at the Top; Hasso Steps Up. He follows up the hard-hitting truth of Hamerman’s article with more of the same with a quote from Jeff Kaplan of THINKstrategies and his February 8, 2010 article entitled SAP Needs Strong Leadership to Stop Sinking as follows:

 

“The significance of this event was clearly underlined by the role SAP’s Co-Founder and Chairman of the Supervisory Board, Hasso Plattner, played as the primary company spokesperson during a corporate conference call this morning.

During the call, Plattner made an emotional defense of the company’s strategies and tactics in response to rising criticism in the face of SAP’s financial struggles. Plattner used the occasion to dispute claims that SAP isn’t moving fast enough to respond to changes in the market by proclaiming that SAP is well on its way to becoming a “multiple product company”. He gave Apotheker credit for “turning around” BusinessByDesign and said the rollout of the v2.5 of the on-demand solution is “close”.

The reality is that BusinessByDesign has only had isolated success in a handful of deployments in the field, and its scalability from a technological and go-to-market point of view is yet to be proven.

The truth is that BusinessByDesign’s lack of success is a reflection of SAP’s lack of commitment to the solution and an overall SaaS strategy.

The company’s leadership has never fully acknowledged the fundamental changes disrupting the software industry as a result of rapidly changing customer preferences and competitive pressures. For example, various SAP leaders in the past have suggested that BusinessByDesign would primarily serve as an ‘on-ramp’ to its on-premise customers rather than a solid standalone solution. This half-hearted approach not only turned off prospective customers, it didn’t incent its own staff to make a concerted effort to develop and deliver a competitive solution. (Emphasis Ed.)”

 

Justin Pirie follows up this strong dose of truth with yet another quote from Vinnie Mirchandani’s article entitled Enterprise Software is Entirely Bereft of Soul:

 

“But the reality is the customer has been forgotten in enterprise software, not just at SAP. It’s about squeezing as much out of old technology as possible. As I wrote earlier in the week. “I wish the other bigger vendors had the cajones to acknowledge they similarly mostly live off profits from software 15- 20 years old, from consultants which implement that old software and provide services from data centers which were designed during the Cold War.”

Leo was expected to do more of the same in his new role as CEO. So, he did – unbelievably pushing maintenance price hikes in the middle of the deep recession. For all his talk about taking on the partners who have piled 5 to 10X costs on top of SAP’s own expensive solutions, he really could not – they were part of the “field” he created.

SAP needed someone to dismantle that “old field” as the market transitions away from the big, honking upfront license and implementation and operating cost model. It is screaming for soul and innovation. Instead they rewarded Leo. Surely, they did not expect him to choke his own baby?”

 

At this point, I’m not sure if another dose of reality is needed. Enjoy the articles and do stop by Justin Pirie’s blog.