The oracle at Compiegne

 

The even forces, at least on paper, that were standing in late 1939 at either sides of the Maginot Line, would not imagine that less than 6 months later, the initially outnumbered German army would inflict the French the worst defeat ever.

22 years earlier, Germany surrendered to the French. The French required the Germans to sign off the Armistice in a train wagon at Compiegne. The French kept the wagon as a monument to the French Victory and as well to the German Defeat. Fro the French, the German surrender of 1918 was a revenge to the German victories in the 1870s, and so it was carved on stone near the place where the train wagon was exhibited.

When in June 1940 the German flags were unfurled in Paris, the French High Command still had to formally sign its surrender, and they were called to do so at, precisely, Compiegne, and precisely in the same train wagon that the French had kept. Fro the German Leader, as important as the victory itself, the Germans were seeking revenge to the limit of humiliation. He instructed specifically his generals to set the ceremony that way. Anecdotally, the Germans made and intentional stop in front of the stone carving before the actual surrender signing.

We have witnessed recently the Oracle-SAP case verdict. It states that the latter has to pay the former the highest ever penalty in copyright infringement cases. Oracle’s victory sounds pretty much like the worst defeat ever inflicted to SAP.

It looks, however, like the Pontifex Maximus at the oracle is looking after his own Compiegne… Not really necessary, not fundamentally changing the lawsuit case, appearing more as a token gesture than a fundamental part of the trial, is this really something beyond a simple wish of humiliation?

Technorati Tags: oracle,sap trial,sap,tomorrownow,lawsuit,copyright,infringement,larry ellison,phyllis hamilton,jury,verdict,lawyer,hp,fine

The German Choice

 

Since 1943, many German cities were heavily and systematically bombed by the USAAF and the RAF. The Allies strategy at that time was to use these bombings as a means to help their Soviet friends in the Eastern Front and to weaken Germany in preparation for invading Europe in the West, planned for 1944.

Hamburg, in Northern Germany, was one of the cities included in the bombing plan. After the war, in fact, as many other German cities, it had to be reconstructed from the ground. Anglo-Americans called the bombing of Hamburg Operation Gomorrah. Explicit enough, we’d say.It lasted 8 days and 7 nights.

One of those nights, in late July 1943, hundreds of American bombers approached the city, and started dropping its cargo. Several thousand feet below, a woman had to hurry to the bomb shelter as the nearby buildings started to be hit by the bombs, and fire caught in them. After several days and nights of no sleep, bombing targeted her neighborhood.

The woman was trying to race among hundreds of other women, men, elders and children. Her husband, an infantry officer in Russia, was not there to help, so she had to take care of her three children, aged 2, 5 and 7.

Panic was all over the place, shelters to few and small, were almost fully packed, so being the closest one impossible to enter, the woman had to go on to the next one.

More bombing, more buildings scrambling down, and the fire. Fire tornadoes everywhere (Gomorrah, remember?) with flames roaring so loud that is was impossible to hear the screaming and yelling from the people, from the women, form the elders, from the children, no matter how collapsed the streets were, hos close to each other people were.

The woman was exhausted, and so were her children. Carried along by the mass of people looking for protection, she could just hold her youngest boy in one arm, and hold her 5 year old boy with another. She had no more hands, and just seconds to decide.

But it was the toughest decision in her life. Which kid should she hold, who should run the risk to be left behind? She looked at her eldest, a 7 year old girl, and instructed instructed her to hold her mother’s skirt tight and keep running behind her, as close as she could.

The little girl could not make it. The crowd overran her, and she lost her mother and brothers ahead. Her brothers, held my their mother, made it to the bomb shelter. Two years later, they were still alive. the 5 year old boy, decades later, became one of the directors at Dresdner Bank in the Bundesrepublik Deutschland.

One of us met him years ago, in fact. This is not a fake story.

What choice do you make when you know that whatever you choose you are going to lose?

That German woman had to face a tough choice that would haunt her the rest of her life.

We would not like to be in the shoes of other Germans who have to make very hard decisions these days. And whatever they choose, they will suffer quite much.

Technorati Tags: sap,leo apotheker,larry ellison,oracle,tomorrownow,verdict,jury,copyright infringement,infringement,lawsuit,trial,phyllis hamilton,billion,million

Collateral triangles

 

Every war has, besides its expectable casualties, additional damages that could not be avoided, predicted or foreseen.

In recent wars, the term “collateral damages” has been coined to justify or explain these unexpected damages.

We see a potential collateral damage to a company that has nothing to do, in principle, with the Oracle-SAP case, which is Hewlett-Packard. As much as its current CEO, Leo Apotheker, used to be CEO at SAP, and as much as he was a potential witness to the case, but managed not to show up, this could impact HP’s reputation somehow.

Now, at the same time, we are able to see a potential second collateral effect which might benefit both SAP and HP.

Should SAP shares lose enough value due to the trial’s verdict, it could be a potential good move for HP to do a little M&A with SAP… Still, a careful move to make, as it would be a very special situation for the former SAP CEO to acquire SAP precisely, when SAP just recently came out from the trial like it did.

Nothing against an ex-CEO to purchase as CEO somewhere else his former company. After all, HP PSG’s head, Todd Bradley, used to be CEO at Palm, and Palm is now part of HP, isn’t it? It’s more about the triangle made of SAP Ex-CEO now HP CEO – Trial – Shares losing value…

Interesting theory in our opinion, definitely worth blog posting.

Technorati Tags: hp,leo apotheker,tomorrownow,trial,lawsuit,jury,verdict,sap,mergers and acquisitions,collateral damages

The missing crook

 

President Richard Nixon stepped down from office in 1973 after the arch-famous Watergate scandal. He basically had been responsible for having placed illegal systems to spy the Democrat Party.

Despite his attempts to defend his case with his famous “I’m not a crook” quote, he was over.

The Oracle-SAP trial that has ended so far with the jury’s verdict of a $1.3 billion to be paid by the latter to the former, and has been based on some sort of spying the arch-enemy too. We guess that, as in 1973 the internet was not so developed, no downloading of anything was really possible at that time.

The only conceptual difference we are finding between Watergate and SAP-gate is the missing crook. We have no one taking full accountability for the theft, and standing up to try to defend himself declaring he is not a crook.

The Pontifex Maximus at the oracle, aka Big Mouth Larry, certainly has tried to make Leo Apotheker, former SAP CEO, to take the Nixon role, but the latter swiftly avoided to serve as a witness before the jury.

Now, what might have the perception of Leo Apotheker in the market been? It could very well be a bad one, meaning that his no-show might have created an impression of cowardice or having something to hide. Should this be the case, it could very well impact HP seriously as well.

After the recent announcement by HP of its latest quarterly results, HP shares came up quite sharply, so good the results were compared to expectations. The day after, almost all the gains have been lost again, leaving HP’s share value halfway between Monday’s closure and Tuesday’s opening. Could it eventually have happened because having SAP been fined so much, the market thinks Leo Apotheker had something to do with that?

We do not have, of course, any proof of any involvement at all of Leo Apotheker in the TomorrowNow case. And we do not intendo to suggest he has the slightest guilt. However, we still think it could very well happen that people could think the way we described.

What suggests as well that HP should be cautious and careful about this, and keep an eye open to avoid being “collaterally damaged” by this verdict. HP is not completely unlinked to the case, at least from a market perception perspective.

Technorati Tags: richard nixon,leo apotheker,hp,oracle ceo,larry ellison,oracle,tomorrownow,sap,phyllis hamilton,trial,lawsuit,copyright,verdict,jury,infringement,safra catz,watergate

Beside America’s Cup

 

The jury has spoken, and they have decided SAP is almost as guilty as the oracle anticipated. The bill? $1.3 billion, close enough to the oracle’s demands, which rose to at least $1.6 billion, to quote Safra Catz, co-President at the oracle.

Precisely Safra Catz is probably one of the happiest persons in the industry, as she has been the key exec from the oracle, even beyond the Pontifex Maximus. Her two examples did make the magic on the jury, comparing the case to stealing a $2,000 watch and selling it for just $20, and the analogy based on Warner Bros copying illegally Disney’s movies. Clear examples, though arguable in our opinion,

We honestly thought the jury would take longer to decide, and its verdict would be closer to SAP’s position than to the oracle’s. We thought Big Mouth’s boasting all over, plus a real understanding of the oracle’s argumentation would have made the jury think that way.

Thinking a bit about the case, we think we missed some very important matters, the first one being that the jury is made of average common people, away from technicalities. Example’s like Catz’ have really been worth telling.

The second one is more related to the oracle’s ability to use the case for setting example of what happens when property, intellectual or physical, is stolen. Americans, by tradition, history and character, are extremely sensitive to private property. And this sort of result is what happens to thieves in America, the jury has said.

The third one is linked to the oracle’s ability to place SAP as a careful thief who was knowing exactly what they were doing, and kept on until they were caught. From the very beginning, the message from the oracle (supported by early declarations from the Pontifex Maximus) was pointing SAP as criminals against property.

The fourth one has been smartly played by the oracle too. They could not get hold of Leo Apotheker, and his absence might have been taken by the jury as cowardice, or his intention to hide something. We always thought he should have served as witness, but the possible damage for not having been there might have been too much.

Certainly exemplary, the case has anyway set a record in this kind of cases… Another trophy to stand beside the America’s Cup for the Pontifex.  

Technorati Tags: leo apotheker,larry ellison,sap,hp,oracle,trial,lawsuit,tomorrownow,copyright infringement,phyllis hamilton,jury,verdict