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. 

 

 

Oracle Enters Private Cloud Arena with One Humongous Cloud

 

Chris Kanaracus reports in his September 19th article in Computerworld entitled Ellison ‘announces one big, honkin’ cloud’ that Oracle’s CEO, Larry Ellison, is ready to take on the likes of IBM and Hewlett Packard in the private cloud computing marketplace with one monster of a system.    As I have stated in the past, hardware is not my field of expertise. Usually the time when the people in the room start talking about stringing servers together and processing cores is the time the paramedics are called as I curl up in a ball on the floor gasping for air. However, this new system, entitled Exalogic Elastic Cloud, is too good to pass up and not bring to my reader’s attention. There is a tie-in to software applications of course. I will try to hit the salient points, but I highly recommend Kanaracus’ article to fill in the certain gaps that I will create.

Exalogic will comprise:

·         30 servers

·         360 processor cores

·         Interconnected via Infiniband

·         Supporting both Solaris and Linux, and

·         The ability to string more Exalogic machines together for even more power

Ellison boasted that a single set-up can handle 1 million HTTP requests per second and two systems running together can handle all of Facebook’s HTTP requests.

In his article Kanaracus contrasts the two types of cloud computing. There is the Salesforce model which concentrates on just a couple of applications, allowing for some add-ons to these core apps. Then there is the Amazon model which runs apps “on top of an virtualized pool of infrastructure that can shift resources in response to demand.” Kanaracus quotes Larry Ellison as accepting the Amazon model when he states his belief that cloud computing “is a platform. ... on which you run standards-based software. … It’s a comprehensive development and execution environment that can run all your applications." Exalogic is meant to run behind the firewall in contrast to a public cloud.

Oracle views the Exalogic system as a means to consolidate applications and fits into Oracle’s approach of selling integrated systems consisting of hardware with the software, especially after its acquisition of Sun Microsystems.

 

Salesforce Sues Microsoft: The Future of Cloud Computing Awaits

 

In May of this year Microsoft sued Salesforce for infringement of nine Microsoft patents. Last week Salesforce counter-sued Microsoft claiming Microsoft has infringed on five of its patents. Salesforce has asked for treble damages (i.e. three ‘3’ times the amount of harm caused), an injunction of Microsoft’s use of the patents in question, and attorneys’ fees and court costs. Hanging in the balance is the future of cloud computing for enterprises and consumers alike. For more on this matter see Stuart J. Johnston’s article in eCRM Guide.com entitled Salesforce Suit Clouds Microsoft’s Patent Attack.

The Microsoft products affected by the Salesforce claim of patent infringement are as follows:

·         SharePoint Server and related products

·         Windows Server AppFabric

·         Windows 7 error reporting system

·         Windows Server 2008 R2

·         Microsoft’s .NET development platform

·         Windows Live delegated authentication system

The outcome of this law suit could have a tremendous consequence on Microsoft’s cloud computing initiatives.

So what are the chances that young upstart Salesforce can defeat the mighty Goliath Microsoft in any legal action? Well I would not count my chickens before they are hatched. Salesforce has hired David Boies as legal counsel for this litigation. For those of you not familiar with Mr. Boies or any of his notable cases you can find a brief synopsis of his career here. Just to whet your appetite here is a list of some of his more notable cases:

Notable cases

 

 

  • At Cravath, Boies assisted top litigator Thomas D. Barr in defending IBM in the 13-year antitrust cases brought by the Justice Department and many private competitors.
  • Also at Cravath, he represented the Justice Department in the United States v. Microsoft case. Boies won at trial and the verdict was upheld on appeal. The appellate court overturned the relief ordered (breakup of the company) back to the trial court for further proceedings. Thereafter, the George W. Bush administration settled the case. Bill Gates said Boies was "out to destroy Microsoft."
  • Boies represented New York Yankees owner George Steinbrenner in a suit against Major League Baseball. This involved an action against all the teams. The Atlanta Braves were owned by Time Warner, a longtime Cravath client, who objected to his representation of the Yankees.
  • He defended CBS in the action brought by General William Westmoreland. The general abandoned his case during the trial.
  • Following the 2000 U.S. presidential election, he represented Vice President Al Gore in Bush v. Gore.
  • Boies defended Napster when the company was sued by the RIAA for facilitating copyright infringement.
  • In November 2003, he represented Andrew Fastow, deposed Chief Financial Officer of Enron.
  • Boies has been retained by the SCO Group in their pursuit of alleged infringement of their rights to the Unix intellectual properties.
  • He negotiated on behalf of American Express two of the highest civil antitrust settlements ever for an individual company: $2.25 billion from Visa, and $1.8 billion from MasterCard.

 

 

CRM Vendors to Add Value in Bid to Retain Customers in 2009

 

Richard Adhikari reports for Internetnews.com on a recent Forrester Research report addressing the strategies of CRM Vendors entitled Social Networks Among Trends in CRM for 2009.  The Forrester report discusses the difficulty in these tough economic times of obtaining funding for new CRM projects.  New customers are harder to come by and so one approach for 2009 will be to create customer loyalty in an effort to avert attrition and thereby at the very least maintain revenue for 2009.  CRM Vendors will direct their efforts on adding value to existing applications.  One way to do this is targeted offerings that will incorporate CRM into existing ERP and SCM systems.  These new solutions will utilize the existing systems to provide enhanced customer facing applications.  Forrester also sees the Salesforce.com model of incorporating Social Networking capabilities into its CRM offerings as yet another approach.

On the flip side of this equation, the enterprises will be looking for specific enhancements in their CRM applications in order to justify future projects.  As discussed in Forrester’s report, Customer Data Management seems to be the biggest area for improvement.  The enterprises will also be exploring SOA and SaaS licensing models as alternative means of obtaining value and keeping costs down.