Really!?

 

In the 17th Century, Sir Isaac Newton laid the foundations of Universal Gravitation in his Philosophiae Naturalis Principia Mathematica. Tradition tells us that he realized evidence after having been hit by a falling apple (precisely) while he was sitting beneath a tree. The obvious thing, Universal Gravitation, took millennia from mankind to be understood.

Archimedes of Syracuse, sometime in the third Century before Christ, suddenly realized the principles of buoyancy while having a bath. He had been for a long time trying to figure out how to calculate how much pure gold was contained in a crown, without melting it. And suddenly, inspiration hit him, and something evident was fully understood.

Copernicus as well realized the evidence of heliocentric cosmology in the 16th Century… and so we may find dozens of examples of obvious things realized after years or centuries of study.

All these guys would have been awarded Nobel Prizes should these have existed when they were alive.

Today we have discovered a new potential candidate for Nobel Prize awards in the figure of SAP co-CEO McDermott, who offers his company for alliance with HP.

Leaving aside his obvious comments, it’s the reading between the lines that catches our attention, as we see there a certain willingness to achieve that alliance. What certainly means there is some sort of motivation, and some benefit.

Probably still hurt by the not so old trial about Intellectual Property (IP) that ended in the biggest defeat in the industry, according to the result, SAP is still trying to inflict some kind of damage to its arch-enemy Oracle while granting some kind of “protection” for the future.

 

 

 

 

Facts:

Léo Apotheker served as CEO for SAP. Today, he still is CEO at HP.

SAP execs have moved to HP since Léo Apotheker, aka Faust 2.0, was hired as CEO at HP:

- Marge Breya, new General Manager for Software and Solutions at HP.

- Martin Homlish, new Chief Marketing Officer at HP.

- Bill Wohl, new Chief Communications Officer at HP.

Oracle owns Sun Microsystems, direct rival of HP.

Oracle is in quarrels both with HP and SAP.

Oracle hurt HP by hiring former HP CEO Mark Hurd after his scandalous exit from HP.

HP recently gave up Oracle’s Siebel CRM to move on to Salesforce.com’s CRM.

HP’s tradition to hire top execs from other companies and ending up acquiring, merging or absorbing them. Was not a certain Todd Bradley former CEO at Palm, now the jewel of the crown at HP wth all the WebOS buzz? (by the way… where have the HP pre-Palm smartphones gone?).

Some months ago, when SAP was fighting at court with Oracle, SAP’s market cap was at about $50B, HP was beyond $100B, and HP had plenty of cash to be in an even stronger position to force a take over. Today market caps of both companies are at parity… which may ease a “natural merger”…

We spoke about this, which seemed obvious, even when McDermott’s speech was totally different from what we read these days…

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Swift cats

 

Indeed the “trial of the month” moves forward towards its closure. Peculiar trial, dressed with a lot of surrounding attrezzo, from the Pontifex Maximus at the Oracle’s (aka Big Mouth Larry) venomous invectives to all the assumptions made here and there of where all this will end.

There has certainly been a big unbalance between the relative importance of the heavy-weight witnesses presented by the two parts. From the Pontifex himself and co-President Katz from the Oracle to Bill McDermott and Werner Brandt for the Germans, the overall declarations have as well fallen short to expectations, and basically around their original positions: up to $4 billion according to the oracle, not more than $40 million offered by the Germans. And none of the parts have given in more than an inch from those positions.

One of the strongest witnesses from the oracle, however, has been co-President Katz, whose main argument was about rewarding bad behaviour of the Germans. Ironically enough, “Katz” is a German name derived form Katze, meaning cat…

“It’s like stealing a $2,000 watch, selling it for $20, and offering to pay the $20 back as compensation”, she’s declared.

The argument is indeed difficult to respond appropriately after a first thought. It might have made a strong impression in the jurors on behalf of the oracle. as a good finance expert, she has even mentioned figures in her example that are exactly proportional to the figures discussed in the trial. 2,000 is 100 times 20, ad $40 billion is exactly 100 times $40 million. Very, very, very smart from hers.

However, there is a subtle nuance that jurors and judge Phyllis Hamilton should take into account. If someone steals your $2,000 watch, indeed he is stripping you off $2,000. Downloading copyrighted material is basically making a copy of that material. And copying it is not stripping you off the value of that material. So the point is basically that illegally copying copyrighted material, SAP used it for its own benefit without really preventing the oracle from using it on their own. In other words, it’s like an athlete unfairly competing in a running race by using illegal drops that reduce the competitive advantage of a better honest runner.

And this id probably why the actual damages (only 358 customers switched from the oracle to TomorrowNow, according to information available online) have been so small compared to the theoretical potential.

Not denying that SAP behaved bad, the already settled amount of $120 for criminal charges, plus damage reparations of $40 really sounds reasonable in our ears., though this is just an opinion of ours, who do not claim at all any expertise in law matters.

What we really are impressed with is Katz’s rationale and argumentation… together with a much more senior and mature attitude than her boss’. Indeed swift, indeed smart, indeed subtle, and probably very powerful. No surprise she sits where she does at the oracle.

Hard and tough rival in the internal struggle for the Pontifex heritage you got there, Mark Hurd…

 

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Quest for blood

 

The Pontifex Maximus at the oracle is not really willing to give up in his quest for blood from SAP. He wanted Apotheker’s, who fundamentally has been ignoring the case and has probably made a new record in air mileage in the last days.

Having failed there, still they got a heavy-weight official today, Bill McDermott, SAP co-CEO. It looks as if the Pontifex will not give up without a sip. A sip from SAP, naturellement.

Bill McDermott has formally apologized. Yes he has, and this is very positive for him and for SAP.

However, the oracle’s lawyers have repeatedly insisted in knowing if blood was spilt after the case within SAP.

For God’s sake, what else do these guys want? What is the point? Does that really increase or reduce the guilt SAP has admitted and (now) even apologized for? Does that impact the damages SAP has offered to (reasonably) pay for?

As we said in a previous recent post, frankly, they are beating the Germans up too much, as President WIlson and his European allies did in 1919 with the Treaty of Versailles that ended WWI.

The Pontifex’ thirst seems pretty much like a vampire’s… Twilight’s Vulturi?

 

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In the bowels of the oracle

 

In order to preserve his anti-monarchist ideas, Oliver Crowell invaded Scotland around 1650. One of the parties whose support he tried to get to his side was the Scottish Church, which eventually had some sympathy for recently crowned King Charles II.

Stubborn Presbyterians, the Scots were difficult to convince, and insisted in their position. Oliver Cromwell gave a famous appeal in an all-out attempt to make the Scots realize the wrong in their support to monarchy. “I beseech you, in the bowels of Christ, think it possible you might be mistaken”.

As the third week for the trail between Oracle and SAP starts, we realize on our side that the Pontifex Maximus, aka Big Mouth Larry, does not seem to give in an inch on his strategy, and once more he insists in justifying his monetary demands on the level of guilt he tries to prove on SAP officials.

With Léo Apotheker fundamentally ignoring the case and wandering around the world, the next biggie on the stand will be Bill McDermott, co-CEO at SAP.

Again, out stubborn Pontifex insists in a useless strategy, as after having admitted guilt, the point is not how criminal SAP could have been, but more determining the size of the damage that SAP caused the oracle. Whatever SAP officials say, this won’t really increase nor diminish guilt at SAP. It’s the value of the damage what matters, as clearly Judge Phyllis Hamilton has understood and instructed jurors to consider.

If Big Mouth Larry has any true friends, one of them should speak up to him and, trying to help him getting rid of his stubbornness, “beseech him, in the bowels of the oracles, think it possible he might be mistaken”.

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