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The NET(net) Newsletter: Aug 2019
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Picture above: 100 feet down in West Bay, Grand Cayman, aboard the submarine Atlantis.  Taken by NET(net) staff.

August 2019 - In This Issue:

  • NET(net)'s Series - Oracle's 12 Most Egregious Terms and Conditions Part 5: Re-pricing Provisions 
  • Cisco Enterprise Agreements: Where's the Beef?
  • Oracle Directors: Shareholders Can Go Ahead With Billion Dollar Derivative Suit
  • C-Suite on the move in August: HP, Kraft-Heinz, Papa John's and more
  • How to Avoid Getting Sued in Your Oracle-to-the-Cloud (AWS?) Migration
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Oracle's 12 Most Egregious Terms and Conditions Part 5: Re-Pricing Provisions

By: Steven Zolman

Why is it important?  Oracle’s ability to re-price can effectively eliminate any product pricing discounts off list, should you cancel a partial license set.  Even with a price hold, Oracle leverages its support policies drawn into the contract by External Reference (#6 on our List) to re-price your annual maintenance and service support costs to effectively eliminate your discounts and make your costs as high as list price if you terminate partial orders.

Click below to read Steve's entire article!

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Cisco Enterprise Agreements: Where's the Beef?

By: Dave Young

The more I work with Cisco lately, the more I’m reminded of the television commercial made famous by the Wendy’s hamburger chain in the United States, wherein an elderly woman and her friends open their giant hamburger bun only to find a tiny piece of meat inside and ask, “Where’s the beef!?”  When I review Cisco EA agreements, our clients and I are asking the same question, but in this case the EA is the giant bun and the beef is the value.  What’s getting presented to us on this nice Cisco plate appears to be a lot of hamburger (i.e. the “best deal!”), but often when we lift the bun, the value (beef) is elusive and hard to find.

Click below to read Dave's entire article:

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Oracle Directors: Shareholders Can Go Ahead With Billion Dollar Derivative Suit

Reuters - Alison Frankel

A special committee of three Oracle board members – independent directors including former U.S. Defense Secretary Leon Panetta – sent a letter to Vice-Chancellor Glasscock, advising him that the committee wants the Firemen’s fund to push on with claims on behalf of Oracle against Ellison, Oracle CEO Safra Catz and potentially other board members.

"In 2017, shareholders led by the Firemen’s Retirement System of St. Louis alleged that Oracle’s directors breached their duties when they approved a $9.3 billion acquisition of NetSuite – a company controlled by Oracle chair Larry Ellison – at a huge premium above NetSuite’s trading price. Shareholders alleged that directors sanctioned Ellison’s self-dealing - and also claimed that Oracle’s board members were too entwined with Ellison to be entrusted with the decision of whether the company should sue him and other directors over the NetSuite deal."

Click read more to access full article.

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WIN(win) Developers Corner: August 2019

View the latest developments anytime in WIN(win) by checking out Knowledge Base, then Product News and Updates.

Here are a couple updates among many in the last couple weeks:

  • Business Development Manager home pages - now reflect current activities in real time.
  • See your latest viewed items to easily navigate back to what you are working on most.
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Log in in to your WIN(win) Account here to see what you've been missing!

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CxO's On the Move

 
How to Avoid Getting Sued in Your Oracle-to-the-Cloud Migration

TechRepublic, James Sanders

Oracle's reputation for aggressive use of audits to push customers to their own cloud services makes the prospect of an Oracle-to-AWS migration look turbulent, but it doesn't have to be.  Over the last several years, Oracle developed a reputation for litigiousness with its own clients:  In 2018, the company allegedly threatened customers of on-premises software with usage audits, suggesting those customers could avoid the potentially quite high risk of audit compliance by moving to the cloud.

Click below to access article on TechRepublic.

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