Sunday, November 2, 2014

Riverbed Expands Board, Rejects Director's Resignation


Activist investors are shaking the software world... more to come. Aivars Lode avantce

Riverbed Expands Board, Rejects Director's Resignation

Network Equipment Maker Also Changes Executive Pay Structure

Riverbed Technology Inc., which has been fighting a takeover bid by an activist investor, said Wednesday that it added two new directors, expanding the size of its board to nine members, while making changes to its executive pay structure.
Riverbed also declined to accept the resignation of board member Mark Lewis. In May, Mr. Lewis offered to quit after he failed to receive a majority of nonbinding shareholder votes at the company's annual meeting.
Based on shareholder feedback, Riverbed said it concluded the re-election vote on Mr. Lewis resulted from concerns that the company's stockholder rights plan wasn't submitted to a vote at the annual meeting, rather than concerns about his performance or qualifications.
Mr. Lewis had been the only board member up for election.
The company said Wednesday the addition of Mike Nefkens and Steffan Tomlinson means that seven of its nine directors are independent.
Riverbed also said it opted to make changes to its executive compensation plan, an acknowledgment of the concerns of investors who voted against the plan.
Starting next year, the company said a portion of annual equity awards will be subject to vesting based upon a total shareholder return index, while a portion will be linked to time-based vesting, and a another portion will be tied to Riverbed's performance beyond the first year following the date of the award grant.
Riverbed also said that it would give its investors a chance to vote on a shareholder rights plan at the 2015 annual meeting, if indeed the company puts such a plan into effect.
Elliott Management Corp., which recently owned more than 10% of Riverbed, has been critical of the company's operations and management and has been calling for the company to launch a sale process.
The hedge fund dismissed Riverbed's latest moves on Wednesday and reaffirmed its offer, worth $21 a share in cash, to buy the company.
"The board didn't just ignore the larger message to stop entrenching and engage," Elliott said in a news release. "It even decided to keep the board member that was voted off, failed to articulate any meaningful changes to the compensation plan, and chose to keep its poison pill."

The manager and the moron


Peter Drucker on managers and morons. AIvars Lode avantce

The manager and the moron

The computer is a moron. And the stupider the tool, the brighter the master must be, says Peter Drucker. In this Quarterly archive article, he explains how “the dumbest tool we have ever had” will compel managers to think through their actions.

December 1967 | byPeter F. Drucker
As all of us know, during the last 20 years the free world has had the greatest, most sustained economic advance in history. Most of us believe that this has been a time not merely of forward movement, but of vast economic change.
The facts and figures, however, do not support this impression. They show, instead, that our era has actually been a time of unprecedented non-change. It has been largely a period of linear forward movement along old trend lines, of adding new stories to an old building according to the old architectural design.
Imagine an economist in 1913, just before World War I, taking the economic trend lines of what were then already the advanced countries, and projecting each of them ahead to 1966. He would have hit it on the nose for Japan, Western Europe, and the United States, in fact for every one of the developed nations with one important exception—the Soviet Union, which is significantly below where it would have come out on our economist’s projection. The reason for this, as all of us know, was that the Russians imposed a political straitjacket on agriculture and froze farm technology just at the worst possible moment, when the technological revolution in farming was getting under way. Worse, they froze the agricultural population. By making it possible for anybody who stayed on the farm to be fed, no matter how poorly, they removed the economic pressure that elsewhere in the world has pushed the farmer off the farm, brought about fantastic productivity jumps in agriculture, and provided labor for the expansion of industry.
Suppose, again, that our economist, having made his projections in 1913, fell into a 50 years’ sleep. When he woke up, he would have found the industrial geography of the world virtually unchanged. Every country that is today an industrially advanced nation was well past the takeoff point in 1913. Not a single new one has joined the club, unless you count satellite economies like Canada, Australia, South Africa, and Mexico. Brazil, which has a long and distinguished history as a country of the future, may join the club tomorrow, but it isn’t quite there yet.
Compared to this linear movement, the 50 years before 1913 present the greatest imaginable contrast. During those five decades the industrial map of the world had been changing as rapidly as the physical map of the world changed in the fifteenth and the early sixteenth centuries—the Age of Discovery. Right after the Civil War, the United States and Germany emerged as economically advanced countries and rapidly overtook the old champion, Great Britain. A quarter of a century later Russia and Japan emerged, along with the western part of Austria-Hungary—the present Czechoslovakia and Austria, with Northern Italy. In short, the 50 years before 1913 were a period of very rapid shifts in economic power relationships.
Since World War I, however, such changes have been absent. This explains why economists of today are so concerned with economic development. Before 1913, it was taken for granted, but since then we’ve apparently gone sterile. And we don’t know how to start it up.
Perhaps the greatest shock to our Rip Van Winkle economist, however, would be the fact that, with the exception of the plastics industry, the main engines of growth in the past 50 years were already mature or rapidly maturing industries, based on well-known technologies, back in 1913.

The dynamos of growth

Our most rapidly advancing industry in the last 20 years of expansion has been agriculture. The productivity of farming has been increasing twice as fast as the productivity of manufacturing in all the developed countries except Russia. Yet the average farmer of today in the United States is not farming in a much more advanced way than the top farmer of 1913. Hybrid seed is about the only new development of any consequence.
And the next dynamo has been the steel industry. World steel capacity has expanded fivefold since 1913. Yet 99 percent of all steel capacity in existence today is built on a technology that was considered antiquated—and Lord knows was antiquated—in 1913.
Our third engine of growth has been the automotive industry. Yet in 1913 Henry Ford was already producing and selling 183,000 Model T’s, and a year later the figure had climbed to 261,000—more cars than the Soviet Union has ever produced in a single year. Even the Ford Motor Company of 1913 would be a major producer in today’s free-world automotive industry.
Much the same is true of the electrical apparatus industry. Neither Westinghouse, nor GE, nor Siemens was exactly unknown in 1913. They were blue chips. And this is also true of the organic chemical industry.
Plastics is the only industry based on new technology that is economically important today in terms of contribution to gross national product, employment, and so on. As far as the economic statistician is concerned, other industries hardly exist as yet. The airplane began to have an economic impact when the jets came. But the real impact will come with the big freight jets, which will make every airstrip in the world a deep-water port. In a few years, they may make the ocean-going freighter, man’s oldest efficient transportation, look roughly the way the railroads began to look around 1950. This will be one of the greatest changes in transportation we’ve ever had. But it is still ahead of us.

Much ado, little impact

The computers, despite all the excitement they have been generating, are not yet economically important. It’s only now that IBM is shipping them out at a rate of a thousand a month that they’re even beginning to have an impact. But we haven’t begun to use the potential of the computer. So far we are using it only for clerical chores, which are unimportant by definition. To be sure, the computer has created something that had never existed in the history the world—namely, paying jobs for mathematicians. But that is hardly a major economic contribution, no matter what the graduate dean thinks.
So the economic impact of the new technologies is still in the future. If we subtracted every single one of them from the civilian economy, we would hardly notice it in the figures—perhaps a percentage point or two.
But this situation of linear movement is rapidly changing in every respect. And the greatest change is one that our Rip Van Winkle economist, looking only at the figures, wouldn’t even notice: In the past 20 years we have created a brand-new form of capital, a brand-new resource, namely knowledge.
Up until 1900, any society in the world would have done just as well as it did without men of knowledge. We may have needed lawyers to defend criminals and doctors to write death certificates, but the criminals would have done almost as well without the lawyers, and the patients without the doctors. We needed teachers to teach other ornaments of society, but this too was largely decoration. The world prided itself on men of knowledge, but it didn’t need them to keep the society running.
As late as the mid-forties, General Motors carefully concealed the fact that one of its three top men, Albert Bradley, had a PhD. It was even concealed that he had gone to college, because, quite obviously, a respectable man went to work as a water boy at age 14. A PhD was an embarrassing thing to have around.
Nowadays, companies boast about the PhDs on their payrolls. Knowledge has become our capital resource, a terribly expensive one. A man who graduates from a good business school represents some $100,000 of social investment, not counting what his parents spent on him, and not counting the opportunity costs. His grandparents and great-grandparents had to go to work at the age of 12 or 13 with the hoe in the potato patch so that he could forgo those ten years of contribution to society. And that’s a tremendous capital investment.
Besides spending all that money, we are also doing something very revolutionary. We are applying knowledge to work. Seven-odd thousand years ago, the first great human revolution took place when our ancestors first applied skill to work. They did not use skill to substitute for brawn. The most skilled work very often requires the greatest physical strength; no ditchdigger works harder than the surgeon performing a major operation. Rather, our ancestors put skills on top of physical labor. And now—a second revolution—we’ve put knowledge on top of both. Not as a substitute for skill, but as a whole new dimension. Skill alone won’t do it anymore.
Now, this has two or three important implications for management.
First, we must learn to make knowledge productive. As yet we don’t really know how. The payroll cost of knowledge workers already amounts to more than half the labor costs of practically all business I know. That represents a tremendous capital investment in human beings. But so far neither productivity trends nor profit margins show much sign of responding to it. Pretty clearly, although business is paying for knowledge workers, it isn’t getting much back. And if you look at the way we manage knowledge workers, the reason is obvious: we don’t know how.
One of the few things we do know is that for any knowledge worker, even for the file clerk, there are two laws. The first one is that knowledge evaporates unless it’s used and augmented. Skill goes to sleep, it becomes rusty, but it can be restored and refurbished very quickly. That’s not true of knowledge. If knowledge isn’t challenged to grow, it disappears fast. It’s infinitely more perishable than any other resource we have ever had. The second law is that the only motivation for knowledge is achievement. Anybody who has ever had a great success is motivated from then on. It’s a taste one never loses. So we do know a little about how to make knowledge productive.

The obsolescence of experience

Another implication flows from the creation of this new knowledge resource. The new generation of managers, those now aged 35 or under, is the first generation that thinks in terms of putting knowledge to work before one has accumulated a decade or two of experience. Mine was the last generation of managers who measured their value entirely by experience. All of us, of necessity, managed by experience—not a good process, because experience cannot be tested or be taught. Experience must be experienced; except by a very great artist, it cannot be conveyed.
This means that the new generation and my generation are going to be horribly frustrated working together. They rightly expect us, their elders and betters, to practice some of the things that we preach. We don’t dream of it. We preach knowledge and system and order, since we never had them. But we go by experience, the one thing we do have. We feel frustrated and lost because, after devoting half our lifetimes to acquiring experience, we still don’t really understand what we’re trying to do. The young are always in the right, because time is on their side. And that means we have to change.
This brings us to the third implication, a very important one. Any business that wants to stay ahead will have to put very young people into very big jobs—and fast. Older men cannot do these jobs—not because they lack the necessary intelligence, but because they have the wrong conditioned reflexes. The young ones stay in school so long they don’t have time to acquire the experience we used to consider indispensable in big jobs. And the age structure of our population is such that in the next 20 years, like it or not, we are going to have to promote people we wouldn’t have thought old enough, a few years ago, to find their way to the water cooler. Companies must learn to stop replacing the 65-year-old man with the 59-year-old. They must seek out their good 35-year-olds.
For all its importance, however, the appearance of knowledge as a new capital resource is not the most vivid change in our environment, if only because it does not yet have a visible impact on the world’s economic figures. Probably the most vivid change is in technology.
Many of the old technologies, of course, still have a lot of life in them. I think it’s quite clear that the automobile, for instance, has yet to experience its greatest growth period. In the developed countries, however, it’s in a defensive position. I don’t think we need a great deal of imagination to foresee the day when the private car will be banned in the midtown areas or the day when the internal combustion engine will be limited to over-the-road use.
Or consider steel. I think one can quite easily foretell technological changes that will cut the cost of steel by about 40 percent. But whether that’s enough to re-create momentum for the steel industry is debatable. I think that steel would probably need a greater cost advantage to make it again the universal material it used to be. Since steel, like all multipurpose materials, isn’t ideal for any one use, it has to compete on price. And, as you know, the steel industry has lost 20 percent of the markets it had before World War II. It’s concrete here, plastic there, and so on. Whether steel will lose the automotive-body business to one of the new composition materials in the next ten years is a moot question. Only a fool would bet on it at this point, but by the same token only a fool would bet against it. If it does happen, it’s very doubtful whether even a 40 percent reduction in cost might be enough to keep steel from joining the long parade of yesterday’s engines of economic growth.
In agriculture, the great need is for an advance in productivity—but again, not in the developed countries. By now, the agricultural population in the developed countries has shrunk to such a small percentage of the total that even tripling its productivity would make little difference in the overall economic picture.
And so on. I’m not saying that the industries based on old technologies can’t advance, but I am saying they’re unlikely to provide the impetus we need for continuing expansion. From now on, I think, the expansion will have to be powered by new industries based on new technologies, something we have not seen to any extent since before World War I.

Enter the knowledge utility

One of the most potentially earthshaking forces in our economy is the technology of information. I don’t mean simply the computer. The computer is to information what the electric power station is to electricity. The power station makes many other things possible, but it’s not where the money is. The money is in the gimmicks and gizmos, the appliances, the motors and facilities made possible and necessary by electricity, that didn’t exist before.
Information, like electricity, is energy. Just as electrical energy is energy for mechanical tasks, information is energy for mental tasks. The computer is the central power station, but there are also the electronic transmission facilities—the satellites and related devices. We have devices to translate the energy, to convert the information. We have the display capacity of the television tube, the capability to translate arithmetic into geometry, to convert from binary numbers into curves. We can go from computer core to memory display, and from either one into hard copy. All the pieces of the information system are here. Technically there is no reason why Sears, Roebuck could not offer tomorrow, for the price of a television set, a plug-in appliance that would put us in direct contact with all the information needed for schoolwork from kindergarten through college.
Already the time-sharing principle has begun to take hold. I don’t think it takes too much imagination to see that a typical large company is about as likely to have its own computer 20 years hence as it is to have its own steam-generating plant today. It is reasonably predictable that computers will become a common carrier, a public utility, and that only organizations with quite extraordinary needs will have their own. Steel mills today have their own generators because they need such an enormous amount of power. Twenty years hence, an institution that’s the equivalent of a steel mill in terms of mental work—MIT, for example—might well have its own computer. But I think most other universities, for most purposes, will simply plug into time-sharing systems.
It would be silly to try to predict in detail the effects of any development as big as this. All one can foresee for certain is a great change in the situation. One cannot predict what it will lead to, and where and when and how. A change as tremendous as this doesn’t just satisfy existing wants, or replace things we are now doing. It creates new wants and makes new things possible.

A new age of information

The impact of information, however, should be greater than that of electricity, for a very simple reason. Before electricity, we had power; we had energy. It was very expensive and rather scarce, but we had it. Before now, however, we have not had information. Information has been unbelievably expensive, almost totally unreliable, and always so late that it was of little, if any, value. Most of us who had to work with information in the past, therefore, knew we had to invent our own. One developed, if one had any sense, a reasonably good instinct for what invention was plausible and likely to fly, and what wasn’t. But real information just wasn’t to be had. Now, for the first time, it’s beginning to be available—and the overall impact on society is bound to be very great.
Without attempting to predict the precise nature and timing of this impact, I think we can safely make a few assumptions.
Assumption No. 1: Within the next ten years, information will become very much cheaper. An hour of computer time today costs several hundred dollars at a minimum; I have seen figures that put the cost at about a dollar an hour in 1973 or so. Maybe it won’t come down that steeply, but come down it will.
Assumption No. 2: The present imbalance between the capacity to compute and store information and the capacity to use it will be remedied. We will spend more and more money on producing the things that make a computer usable—the software, the programs, the terminals, and so on. The customers aren’t going to be content just to have the computer sitting there.
Assumption No. 3: The kindergarten stage is over. We’re past the time when everybody was terribly impressed by the computer’s ability to do two plus two in fractions of a nanosecond. We’re also past the stage of trying to find work for the computer by putting all the unimportant things on it—using it as a very expensive clerk. Actually, nobody has yet saved a penny that way, as far as I can tell. Clerical work—unless it’s a tremendous job, such as addressing 7 million copies of Life magazine every week—is not really done very cheaply on the computer. But then, kindergartens are never cheap.
Now we can begin to use the computer for the things it should be used for—information, control of manufacturing processes, control of inventory, shipments, and deliveries. I’m not saying we shouldn’t be using the computer for payrolls, but that’s beside the point. If payrolls were all it could do, we wouldn’t be interested in it.

Managing the moron

We are beginning to realize that the computer makes no decisions; it only carries out orders. It’s a total moron, and therein lies its strength. It forces us to think, to set the criteria. The stupider the tool, the brighter the master has to be—and this is the dumbest tool we have ever had. All it can do is say either zero or one, but it can do that awfully fast. It doesn’t get tired and it doesn’t charge overtime. It extends our capacity more than any tool we have had for a long time, because of all the really unskilled jobs it can do. By taking over these jobs, it allows us—in fact, it compels us—to think through what we are doing.
But though it can’t make decisions, the computer will—if we use it intelligently—increase the availability of information. And that will radically change the organization structure of business—of all institutions, in fact. Up to now we have been organizing, not according to the logic of the work to be done, but according to the absence of information. Whole organization levels have existed simply to provide standby transmission facilities for the breakdowns in information flow that one could always take for granted. Now these redundancies are no longer needed. We mustn’t allow organizational structure to be made more complicated by the computer. If the computer doesn’t enable us to simplify our organizations, it’s being abused.
Along with vastly increasing the availability of information, the computer will reduce the sheer volume of data that managers have had to cope with. At present the computer is the greatest possible obstacle to management information, because everybody has been using it to produce tons of paper. Now, psychology tells us that the one sure way to shut off all perception is to flood the senses with stimuli. That’s why the manager with reams of computer output on his desk is hopelessly uninformed. That’s why it’s so important to exploit the computer’s ability to give us only the information we want—nothing else. The question we must ask is not, “How many figures can I get?” but “What figures do I need? In what form? When and how?” We must refuse to look at anything else. We no longer have to take figures that mean nothing to us and read them the way a gypsy reads tea leaves.
Instead, we must decide on our information needs and how the computer can fill those needs. To do that, we must understand our operating processes, and the principles behind the processes. We must apply knowledge and analysis to them, and convert them to a clerk’s routine. Even a work of genius, thought through and systematized, becomes a routine. Once it has been created, a shipping clerk can do it—or a computer can do it. So, once we have achieved real understanding of what we are doing, we can define our needs and program the computer to fill them.

Beyond the numbers barrier

We must realize, however, that we cannot put on the computer what we cannot quantify. And we cannot quantify what we cannot define. Many of the important things, the subjective things, are in this category. To know something, to really understand something important, one must look at it from 16 different angles. People are perceptually slow, and there is no shortcut to understanding; it takes a great deal of time. Managers today cannot take the time to understand, because they don’t have it. They are too busy working on things they can quantify—things they could put on a computer.
This is why the manager should use the computer to control the routines of business, so that he himself can spend ten minutes a day controlling instead of five hours. Then he can use the rest of his time to think about the important things he cannot really know—people and environment. These are things he cannot define; he has to take the time to go and look. The failure to go out and look is what accounts for most of our managerial mistakes today.
Our greatest managerial failure rate comes in the step from middle to top management. Most middle managers are doing essentially the same things they did on their entrance jobs: controlling operations and fighting fires. In contrast, the top manager’s primary function is to think. The criteria for success at the top level bear little resemblance to the criteria for promotion from middle management.
The new top manager, typically, has been promoted on the basis of his ability to adapt successfully. But suddenly he’s so far away from the firing line that he doesn’t know what to adapt to—so he fails. He may be an able man, but nothing in his work experience has prepared him to think. He hasn't the foggiest notion how one goes about making entrepreneurial or policy decisions. That’s why the failure rate at the senior-management level is so high. In my experience, two out of three men promoted to top management don’t make it; they stay middle management. They aren’t necessarily fired. Instead, they get put on the Executive Committee with a bigger office, a bigger title, a bigger salary—and a higher nuisance value because they have had no exposure to thinking. This is a situation we are going to eliminate.
On the other hand, we are going to open up a new problem of development at the middle-management level. It isn’t difficult for us to get people into middle management today. But it is going to be, because we shall need thinking people in the middle, not just at the top. The point at which we teach people to think will have to be moved further and further down the line. We can already see this problem in the big commercial banks.
We will have to manage knowledge correctly in order to preserve it. And this gets us into myriad questions of teaching and learning, of developing knowledge and techniques of thinking—not only in the developed nations, but in countries that are yet unaware of the distinction between management-by-experience and management-by-thinking, countries that are unaware of management itself. But that is another subject.

NHS grows a NoSQL backbone and rips out its Oracle Spine


It looks like customers are getting frustrated with Oracle's predatory pricing and audit practices. Another customer is ripping them out and replacing them with No SQL. Aivars Lode avantce

NHS grows a NoSQL backbone and rips out its Oracle Spine

Open source? In the government? Ha ha! What, wait ...?

The NHS has ripped the Oracle backbone from a national patient database system and inserted NoSQL running on an open-source stack.
Spine2 has gone live following successful redevelopment including redeployment on new, x86 hardware. The project to replace Spine1 had been running for three years with Spine2 now undergoing a 45-day monitoring period.
Spine is the NHS’s main secure patient database and messaging platform, spanning a vast estate of blades and SANs.
It logs the non-clinical information on 80 million people in Britain – holding data on everything from prescriptions and payments to allergies.
Spine is also a messaging hub, serving electronic communications between 20,000 applications that include the Electronic Prescription Service and Summary Care Record. It processes nearly 1,300 complex messages a second.
Spine1 had run on Oracle under an out-sourced contract managed by telecoms giant BT.
Spine1 had to change to respond to the changing needs of the NHS, says the Health and Social Care Information Center (HSCIC) - the NHS organisation running the system. HSCIC believes open source and NoSQL will be easier to live with.
The agency plans to take ongoing changes to Spine2 based on user feedback, with a new self-service portal and introduction of an app to help protect children identified as at risk in the works for the next 12 months.
HSCIC also hopes local users of the system will now be in a better position to fix problems.
Spine1 has been completely rebuilt and Oracle’s relational database jettisoned for a NoSQL distributed system called Riak, from Basho.
Other open-source elements in the stack are Redis, Nginx, Tornado and RabitMQ while Splunk has been used for logging and reporting.
The open source participants in the Spine2 operation were named in October 2013. Open source is a major departure for a government saturated by proprietary code from expensive heavy hitters such as Oracle.
The Spine2 contract was awarded under the Cabinet Office’s G-Cloud framework, which encourages government types to buy from small providers like Basho.
One reason is to help the British government cut the amount it spends on IT, buying expensive systems from tech’s big boys like Oracle.
Cost savings from dumping Oracle will come through not paying an Oracle license a maintenance fee and by consolidating the hardware.
Basho claimed Riak is up to two times cheaper than Oracle while the infrastructure will cost five per cent that of the old setup, as various blades and SANs are gone. Also cut from the cost is BT, as HSCIC has whipped management of Spine2 back in house with on-going development. A new architecture uses 106 x86 servers for Riak and local storage.
Bigger and riskier, however, is the HSCIC’s decision to completely jettison relational for NoSQL in the process of throwing out Oracle.
Relational and SQL are the bread-and-butter data storage mediums for the industry as a whole and enterprise loads in particular - loads such as those stuffed into massive, mission-critical systems like Spine.
Relational and SQL skills are widely available and tools plentiful, while relational is considered safe from the perspective of copying and changing data using ACID - Atomicity, Consistency, Isolation, Durability. NoSQL data stores as a whole mostly ditch ACID.
Incredibly rare, too, is a rip-and-replace project such as this; typically, those already with Oracle phase in the new stuff on new projects or at greenfield sites.
Basho’s European managing director Stuart McCaul reckoned HSCIC has got around NoSQL through a combination of hiring new and re-training existing sys admins.
“The NHS has had at least three years to skill up internally with developers and for ops people, to prepare to take on the new database technology,” he told The Reg.
The switch from relational hadn’t been too hard because Riak is a key-value store, which made modeling relatively easy. Key value-stores are relatively simple database management systems that store just pairs of keys and values.
McCaul reckoned, too, migration of data had been made possible because the structure of patient records lent themselves to Riak’s key-value model. ®

Monday, September 1, 2014

Oracle $1.3 Billion Jury Verdict in SAP Case Reduced

Oracle $1.3 Billion Jury Verdict in SAP Case Reduced

Oracle Can Accept Lower Damages or Pursue New Trial

A three-judge federal appeals panel Friday threw out a $1.3 billion jury verdict onOracle Corp.'s copyright-infringement case against rival SAP AG saying the award had been "based on undue speculation."
In an opinion by Judge William A. Fletcher, the judges set damages to $356.7 million, which reflects a higher $120.7 million in lost profit as well as $236 million in SAP's infringer's profit.
The judges also upheld a motion for a new trial if Oracle rejects the lower award and upheld a lower court 's decision barring Oracle from presenting hypothetical-license damages at the new trial and allowing SAP's expert to testify.
Oracle declined to comment on whether it would accept the verdict or move for a new trial.
A company spokeswoman said Oracle welcomed the decision, "which effectively permits Oracle to recover close to half a billion dollars in damages and attorneys' fees from SAP's brazen conduct and cover-up."
"This sends a strong message to those who would prefer to cheat than compete fairly and legally," Dorian Daley, Oracle's general counsel, said in a statement.
SAP said it was pleased with the decision, which set damages closer the company's view. "We hope it brings this matter one step closer to resolution," said Andy Kendzie, an SAP spokesman.
Oracle filed suit in 2007 alleging that TomorrowNow, an enterprise software company that had been acquired by SAP, was illegally downloading Oracle's software.
TomorrowNow, which has been discontinued, provided maintenance services to Oracle customers using those downloads until sometime in 2008, according to court documents.
SAP eventually admitted to liability, and Oracle dismissed its noncopyright claims with prejudice, which means it couldn't file another complaint on the same claims. The companies went to trial to determine damages.


Australia leads world in Cloud deployment: Global Datacentre Census


Australia leads world in Cloud deployment: Global Datacentre Census
Infrastructure deployment have grown from 17 per cent in 2011 to 45 per cent in 2014
Australia is leading the world in deployment of Cloud infrastructure, according to the Global Datacentre Census.
DatacenterDynamics intelligence forecasts that by end of 2014 almost 50 per cent of Australian organizations will be deploying and/or have already deployed some form of Cloud computing into their IT infrastructure, particularly in a hybrid version.
Based on last year's census, data deployment of Cloud infrastructure architecture grew from 17 per cent in 2011 to 45 per cent in 2014 compared to the global average which grew from 11 per cent in 2011 to 35 per cent in 2014.
That is 150 per cent growth in 3 years in Australia compared to 106 per cent globally.
Last year's Census also reported that Australia is one of the three most expensive markets in the world for datacentre operational costs.
According to DatacenterDynamics, a byproduct of increased rates of Cloud adoption are IT professionals and facility engineers now need to be fluent in networking, telecommunications and financial management to make informed decisions on how IT is to be deployed.
"With Cloud computing becoming more reliable, affordable and secure, the decisions on how enterprises invest and roll out IT services efficiently will rest on those with experience and knowledge of both IT and facilities," according to a statement.
On October 7, Melbourne will host Datacenter Dynamics' third Converged conference at the Melbourne Convention Centre.
The annual event will discuss and dissect the industry from the perspective of Cloud computing, software defined everything, server and rack technologies, as well as efficiencies in cooling, networks and power management.
This year's 20 speaker conference program will include a diverse range of speakers from NAB, Lonely Planet, Intel, Aptira, Australian Institute of Energy, Oracle, EY and OUA - representing a cross-section of industries from both the facility and IT side of the house.

7-Eleven takes a big gulp of venture capital


7 elevens venture arm invests in a coffee start up to help with fresh products. Aivars Lode avantce

7-Eleven takes a big gulp of venture capital
7-11 is getting into the venture capital game alongside such players as Google Ventures and Intel Capital. Bloomberg
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The UpTake: Look for the corner store to get more innovative now that 7-Eleven is working with startups as a venture capitalist.
Quick, when you think 7-Eleven, what do you think? Big Gulps? Slurpees? How about venture capital?
That's right, the corner convenience store company has gotten into the venture capital game alongside such corporate players as Google Venturesand Intel Capital.
Called 7-Ventures and led by a long-time business development executive with the company, Raja Doddala, the new venture arm for the company is focused on startups in the retail and food spaces.
"One of the ways we think we want to develop new products… is to invest," Doddala told me this afternoon. "The purpose is to really learn about new products and services by investing in these companies."
7-Ventures isn't the only recent initiative for 7-Eleven, which has its U.S. headquarters in Dallas. The company is on an aggressive expansion kick that could take it to 30,000 stores in North America from 8,500 stores today.
Doddala said that as his company expands, the focus at stores and in the corporate suite is on 7-Eleven's own initiatives, while his group can bring in the knowledge and energy gleaned from startups.
"One of the reasons that we set up a different organization is that we can make these decisions more rapidly," he said.
For the startups, 7-Ventures has a certain appeal as an investor. The firm brings deep knowledge of how customers shop. And then there's its vast network of stores, which can be a great testing ground for startup ideas.
"The most obvious benefit is as a testing ground," he said.
So far, 7-Ventures has invested in two companies, an unnamed coffee startup that could help 7-Eleven improve its fresh food and beverage service but that Doddala wouldn't give details about, and, today, Belly, a Chicago customer loyalty marketing platform.
Doddala said Primack the Belly investment gives 7-Eleven an opportunity to learn how loyalty networks work.
"It allows us to learn more how the network effects can drive traffic and engagement at our stores," he said.
And there's a big difference between 7-Eleven's venture capital arm and even the other corporate players in the VC space. 7-Ventures isn't necessarily looking to make money from its deals.
"Obviously we want to make money on these deals but that is not the primary goal," he said. "To learn…that's the motivation."

Risks Create Tumult for Tech, Health-Care Firms


Legacy Software companies are facing the same issues that caused them to grow. Aivars Lode avantce

Risks Create Tumult for Tech, Health-Care Firms

Contingency Planning Is Becoming Tougher for Business Leaders


Change can be good, bad or just plain scary. That is clear from the strongest trends in second-quarter financial results.
Seismic shifts in the technology and health-care sectors highlight why executives are divided or undecided about taking financial and strategic risks. At the same time, the number of geopolitical tinderboxes has multiplied, raising the stakes for multinationals.General Motors Co., Procter & Gamble Co.and General Electric Co., for example, sell more than half of their products overseas.
"It's much tougher for businesses to do contingency planning in a slow growth environment, which is what we're in globally right now, especially in the face of unprecedented idiosyncratic risks," said Stephen Roach, a senior fellow at Yale University and a former chief economist for Morgan Stanley.
Overall, financial performance between April and June was solid. Companies in the S&P 500 are expected to post earnings growth of 7.6% over year-ago levels and a revenue bump of 4.4%, based on projections from FactSet. More than 90% of the companies have already reported.
However, recent news that Microsoft Corp. and Cisco Systems Inc. will fire up to a combined 24,000 employees means tech-sector layoffs this quarter will likely top last quarter's 25,000, which was up about 20% from the second quarter last year, according to Challenger, Gray & Christmas Inc., an outplacement firm.
In late May, Hewlett-Packard Co. said it would hand pink slips to as many as 16,000 more employees as part of a restructuring plan launched two years ago.
"We continue to see an acceleration of the massive shifts that are transforming the way customers buy, pay for and consume technology," Meg Whitman, H-P's chief executive officer, told investors at the time. "This reality is creating both opportunities and challenges for H-P and every one of our competitors."
The tech industry is expected to show earnings growth of 9.2% in the second quarter, compared with the year-ago period, and revenue up 6.6%, according to FactSet.
However, 17 tech companies have already warned investors their profits will be lower than expected for the third quarter, more than any other sector.
"They're chasing the next area of growth," explained John Challenger, CEO of Challenger, Gray & Christmas. "It's like a forest fire that comes in, and it does change and prepare the ground" for future foliage to sprout.
Cisco plans to "reinvest substantially all of the cost savings from the restructuring actions in our key growth areas," Chief Financial Officer Frank Calderoni told investors last week.
At the opposite end of the spectrum is the health-care industry. The still-evolvingAffordable Care Act, has made many companies hire thousands and plow millions into their businesses.
The health-care sector is expected to post revenue growth of 12.2%, the highest of any sector, and earnings growth of 15.9%, second only to the telecommunications industry.
Health-care companies increased spending on buildings and equipment by 15%, the greatest surge of any sector and compared with a 24% decline in the second quarter last year, according to FactSet.
Companies boosting capital expenditures included Tenet Healthcare Corp., which nearly doubled its spending to $242 million. Baxter InternationalInc. and Cardinal Health Inc. both increased capital spending by more than 20% to $423 million and $111 million, respectively.
Atlantic Health System is spending millions of dollars on an electronic medical-record system to replace its current 10, in part to respond to changing regulations.
The closely held hospital group based in New Jersey also plans "a lot of projects in the $5 million-to-$10 million range," such as more ambulatory-care facilities, said CFO Kevin Lenahan. "We want to be more involved in the total dollar" of patients' health-care spending.
New technologies and legislation, however, can be easier to react to than rockets, deadly viruses or a coup d'état. Plus, there is the added risk for multinationals of currency volatility and controls.
In the second quarter, the Russian ruble stabilized against the U.S. dollar, but that was little comfort for companies affected by U.S. and European economic sanctions over the conflict with Ukraine.
European economic growth also has slowed. Italy is in another recession and France has flatlined.
"Zero sales in Venezuela once again," said James Loree, president and chief operating officer of Stanley Black & Decker, referring to the negligible value of their invoices.
Aon PLC, an insurance broker and risk-management consultant, publishes a quarterly risk map of hot spots around the world and there are many more crimson countries than last year.
"The world is a more dangerous place," said Roger Schwartz, head of Aon's political-risk practice. "Over the past six to 12 months we've seen a steady increase in demand for political-risk insurance, driven by the unfortunate deterioration of geopolitical situations in a lot of areas."
Craig Foster, CFO of Ubiquiti Networks Inc., which sells communications-networking equipment in 160 countries, is tracking four situations now: the conflicts between Russia and Ukraine, and between Israel and Palestine, as well as the Argentine bond default and the increasing violence in Iraq.
"We don't believe we're going to be able to ship into [Iraqi] because of the issues that they're having with the ports and kind of ongoing skirmishes in the country," Mr. Foster said.
" 'When we think it's safe, we'll send it,' " he said his distributors in Saudi Arabia told him, " 'but for now don't send anything.' "