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Oregon Settles $6 Billion Lawsuit Over Oracle's Botched Healthcare Website (registerguard.com)

"While the crippled website eventually worked, Oregon failed to enroll a single person online [and] had to resort to hiring 400 people to process paper applications." An anonymous Slashdot reader quotes the AP: The state paid Oracle $240 million to create its Cover Oregon website but ultimately abandoned the site and joined the federal exchange to comply with the Affordable Care Act... The state initially asked for more than $6 billion in punitive damages when it filed the lawsuit in 2014 against the Redwood City company, but Oregon ultimately accepted a package that included $35 million in cash payments and software licensing agreements and technical support with an estimated upfront worth of $60 million...

Six years of unlimited Oracle software and technical support included in the deal will save the state hundreds of millions of dollars in years to come and ends a bitter legal battle that has damaged Oregon's "collective psyche," Attorney General Ellen Rosenblum said in a statement. "The beauty of the deal is that if we choose to take full advantage of the free (software), we are uniquely situated to modernize our statewide IT systems over the next six years -- something we could not otherwise afford to do," she said.

"Oracle has insisted the website worked but former Gov. John Kitzhaber chose not to use it for political reasons."

32 of 113 comments (clear)

  1. So Oracle won by El_Muerte_TDS · · Score: 3, Insightful

    > Oregon ultimately accepted a package that included $35 million in cash payments and software licensing agreements and technical support with an estimated upfront worth of $60 million.

    Software licensing which will probably cost them more than $95 in the next few year(s) because they are not using the software according to the license.

    1. Re:So Oracle won by LifesABeach · · Score: 5, Funny

      Let me see if I understand this correctly. The state of Oregon accepts a 95 million dollar settlement while paying 240 million dollars in damages because Oracle's dumb ass stupid H1B village idiots can't do a simple credit card web app?

      Then the state of Oregon says "YES!" to doing more business with these dead weight morons for more years to come?

    2. Re:So Oracle won by cjjjer · · Score: 3, Interesting

      In sum, the committee says, "Cover Oregon failed for two main reasons: The state acted as their own system integrator (like HeathCare.gov), and the state tried to revamp its entire health care system, not just build an exchange."

      Seems to me that the state had more to do with it than Oracle. I am sure you are great at making "simple credit card web app" but if you have ever done anything with healthcare in the US it is a nightmare. And yes I currently work building software for healthcare in the US at a state level.

      http://www.usnews.com/opinion/articles/2016-06-08/cover-oregon-health-care-disaster-showcases-havoc-wrought-by-obamacare/

    3. Re:So Oracle won by Joce640k · · Score: 2

      An app that can probably run well on an average-spec web server with Apache and a free copy of sqlite.

      --
      No sig today...
  2. So, in a about six years, .... by aix+tom · · Score: 5, Insightful

    ... they will generate a very big cash-flow for Oracle, since they are now uniquely situated to completely vendor-lock-in their statewide IT systems?

    1. Re:So, in a about six years, .... by whoever57 · · Score: 5, Insightful

      .. they will generate a very big cash-flow for Oracle, since they are now uniquely situated to completely vendor-lock-in their statewide IT systems?

      . That was exactly my thought when I read this:

      ."The beauty of the deal is that if we choose to take full advantage of the free (software), we are uniquely situated to modernize our statewide IT systems over the next six years -- something we could not otherwise afford to do," she said.

      Oracle gets to be baked into their IT systems, so deeply that when Oracle asks for a price increase, Oregon's answer will be "how high do you want it?" [ and yes, the accidental double meaning that could be inferred from my imagined quote is probably very appropriate and accurate ]

      This is a deal that only an incompetent or corrupt person would think is a good deal for Oregon.

      --
      The real "Libtards" are the Libertarians!
    2. Re:So, in a about six years, .... by Anonymous Coward · · Score: 2, Insightful

      That was Oracle's plan. It's how Larry always negotiates damages: "Here's more of our crap so you're locked in forever, idiot!"

      He knew he wasn't exactly dealing with the sharpest knives in the drawer and you'd agree if you've ever consulted with IT staff from any state agency. They generally wind up with candidates who can't find work elsewhere because they're not skilled or smart enough.

  3. Suckers. by msauve · · Score: 2

    "The beauty of the deal is that if we choose to take full advantage of the free (software), we are uniquely situated to modernize our statewide IT systems over the next six years -- something we could not otherwise afford to do," she said.

    Just wait until they do all those resource intensive upgrades and locked all their systems to Oracle, and then find out what the licensing/maintenance fees are from the 7th year onward.

    --
    "National Security is the chief cause of national insecurity." - Celine's First Law
  4. Win/Win by alphatel · · Score: 4, Insightful


    Oracle avoids a $6 Billion lawsuit
    Oracle nets $200 million after a small reimbursement
    Oracle potentially gives away software that creates a lifetime dependency on their products going forward
    Oracle hasn't actually given away any software yet

    Win/Win
    for Oracle

    --
    When the foot seeks the place of the head, the line is crossed. Know your place. Keep your place. Be a shoe.
    1. Re:Win/Win by Anonymous Coward · · Score: 2, Interesting

      A few carefully structured donations to the right non-profits that coincidentally employ the sons and daughters of various state officials and it all goes away.

    2. Re:Win/Win by Trailer+Trash · · Score: 2

      Oracle avoids a $6 Billion lawsuit

      Oracle nets $200 million after a small reimbursement

      Oracle potentially gives away software that creates a lifetime dependency on their products going forward

      Oracle hasn't actually given away any software yet

      Win/Win

      for Oracle

      Exactly. I love the $60M in "software" - that cost Oracle $0 in the short term and in the long term sets up a dependency that'll be the gift that keeps on giving.

      Oregon got *screwed*, and apparently the folks in charge don't understand it.

    3. Re:Win/Win by alvinrod · · Score: 3, Insightful

      I imagine that some of them understand it perfectly, but that's going to be someone else's problem in the future. Meanwhile they get to act like they were tough on corporations to advance their own political career. It's the same kind of shortsighted thinking we see all too often from CEOs who want to hit performance numbers in order to get a payout before they get another payout from the golden parachute when the card house they've built comes toppling down.

      The bill isn't going to come due for six years so anyone who can't get out a position of responsibility for dealing with the fallout before that hand grenade goes off isn't paying attention.

    4. Re: Win/Win by BlackSabbath · · Score: 5, Insightful

      True.
      I'm currently working at a big bank that has poured hundreds of millions into Oracle for a flagship project that has way under delivered and is a couple of years overdue. The vast majority of their techs couldn't program their way out of a wet paper bag. I thank my lucky stars I'm not involved in that clusterfuck.
      While I'm sure there's culpability in the Oregonian government for this, to hold Oracle blameless would be wrong.
      There was once a time when Oracle was the right answer to the question "which database". Now, I'm pretty sure they're not the answer for anything.

  5. Look carefully at the terms by roc97007 · · Score: 5, Interesting

    Caveat: I'm no friend of Oracle, and as much as both sides in this were odious, I was actually voting for the state.

    I live here, and have connections in government IT. The inside word is that this was largely botched on the government side, with too high expectations, too many changes, and huge feature creep. I would argue that Oracle's mistake was not getting out when they plainly saw that this was a dysfunctional working relationship.

    But look what Oracle offered -- a paltry (by their standards) sum, amounting to a roughly 15% discount on the original price tag, plus licenses that lock Oregon into more dependence on Oracle, which are guaranteed to make money for Oracle down the road.

    One can paint this as a victory for Oregon with inflammatory headlines, but it looks to me like Oracle won in the end. (And since this is Oracle, "the end" is exactly what you imagine it to be.)

    --
    Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    1. Re:Look carefully at the terms by phantomfive · · Score: 5, Insightful

      Oracle won by saying, "Yes, you win, you can pay me."

      --
      "First they came for the slanderers and i said nothing."
    2. Re:Look carefully at the terms by roc97007 · · Score: 3, Informative

      Ok, you win. For the most effective single-line summary of a multi-paragraph article I've ever seen.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    3. Re:Look carefully at the terms by roc97007 · · Score: 2

      ... this was a dysfunctional working relationship.

      That would require Oracle to put limits on the level of service offered by the end-product, the change process, the requirements and design process. IOW, all the things Oracle can charge more money for, because it was done twice or thrice.

      About half of ERP implementations fail, yet both vendor and (new) customer go through the same flawed process one more time; why? Because the vendor wants to screw the customer; as its first, second and third priority. Because, despite the endless horror stories about open-ended contracts, the customer still says "fix this" without implementing it own change review/control/analysis processes. Because the customer uses a management psychopath instead of its own IT department for project management. Because the customer is too busy saying "gimme, gimme" instead marching the project towards completion.

      Absolutely true. But any customer with an ounce of experience goes into the process *knowing* that the vendor (especially ORACLE) intends to screw them. A savvy customer, realizing they really do need to do business with some collection of vendors to meet their objectives, puts checks and balances in place, and has an exit plan, to prevent something like this from happening. Oregon was not savvy.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
  6. Comment removed by account_deleted · · Score: 3, Insightful

    Comment removed based on user account deletion

  7. It's a trap by mysidia · · Score: 2

    The beauty of the deal is that if we choose to take full advantage of the free (software), we are uniquely situated to modernize our statewide IT systems over the next six years

    NO! Modernizing your IT systems does not involve purchasing the most expensive Legacy SQL Server software on the block.
    Also, what happens when the 6 Years run out? The state will probably be paying Oracle more than $100 Million a year in licensing fees thanks to their "Free" deal, and now all their IT systems will be tied to Oracle's expensive legacy SQL products, instead of more affordable ones such as PostgreSQL, Hypertable/Cassandra or even Microsoft SQL Server.

  8. Why Oracle? by DarkVader · · Score: 2

    So, maybe somebody here can answer this...

    Why would you use Oracle for anything? Is there really something that Oracle does that an open-source database can't do? I mean, they're clearly a horrific company to do business with, it would seem that if there's any other solution that would work it would be an obvious choice not to use Oracle.

    I'm not a database guy, it's a real question.

    1. Re:Why Oracle? by Joce640k · · Score: 4, Funny

      Is there really something that Oracle does that an open-source database can't do?

      Yes.

      Wear suits, take CEOs and senators out to dinner together, pass a few envelopes under the table...

      --
      No sig today...
  9. Re: Hold on! Let me get the popcorn! by ColdWetDog · · Score: 2

    "Private sector insurance and healthcare"

    Not quite exactly unlike that. Large scale healthcare in the US is a kludge (that's the nice word) of dozens of different, overlapping, often contradicting Federal, State, International (i.e., the World Health Organization), public (at other levels), private, public-private, for profit, not for profit, 501C3 corps (bog help me if I can figure them out organizations.

    The crippled horse rolled out of the 'free market' barn in 1964 when Lyndon Johnson signed the Medicare enabling act (actually first suggested by Harry Truman).

    Bog knows what you'd call the current system other than an enormous clusterfuck.

    (sorry for the parenthesis, In Seattle, too much coffee.)

    --
    Faster! Faster! Faster would be better!
  10. Not worth automating at all, apparently by rbrander · · Score: 2

    Let's assume those 400 people hired to handle paper were an inferior result, but they couldn't have been too horrible or the state would have been browbeaten into hiring more. So I'm going to spitball that 800 staff at an average of $70K per year each (with all bennies and burdens, they'd probably gross $50K), would cost $56 million a year...or $240 million over 4.2 years, not an indecent lifespan for a major web app these days.

    So frankly, what's the point in automating at all, if it's going to be as expensive as a decent manual solution that would have been up and running in 3 months?

    1. Re:Not worth automating at all, apparently by imidan · · Score: 3, Informative

      So frankly, what's the point in automating at all, if it's going to be as expensive as a decent manual solution that would have been up and running in 3 months?

      I keep having this argument at my office. The big bosses want to invest in a programming project that will supposedly eliminate the need for human intervention in a publication process. I keep pointing out that humans still have to look at the material before publication (witness Facebook's recent experiments with algorithms as news editors). But they are so dead-set against hiring a person with benefits that they'd rather spend twice as much buying hardware and writing software that only does half the job.

      If they'd hired a person, the backlog would be cleared and the process would be working smoothly. Instead, we're on the nth redesign of the GUI that is nearly unusable because the engineers are in charge of designing it.

  11. Can't be open source by Solandri · · Score: 5, Insightful

    Because using open source means you yourself are accountable. If Oregon had done this project with an open source database and it had failed, the government would be the one bearing the blame. Hiring a big-name company to do it means if something goes wrong, the government's butts are covered. They hired a well-known company to do it for them. If the company couldn't do it, then obviously it must be the company's fault!

    (I use "the government" here only because it's specific to this case and lets me avoid confusing pronouns. The same thing happens when companies choose Oracle or Microsoft or IBM or any other big name without really doing a serious analysis.)

  12. Defective by design by RogueWarrior65 · · Score: 2

    But what if the real problem is that nobody really WANTED to sign up? Yeah, yeah, that's probably not the case but it is amusing.

    1. Re:Defective by design by darkain · · Score: 2

      I see what you're trying to say, being funny n all, but the summary even already covered this by mentioning the new employees that needed hired to process the applicants that applied by paper instead.

  13. Sick of this arguement by Bruha · · Score: 3, Interesting

    Europeans money is worth more
    They get more vacation
    They get free college
    They have free healthcare
    They live longer
    They have lower infant mortality
    They have more holidays

    We have been fucked and we argue that the government is screwed up. We screwed up when we let corporations destroy our government.

  14. Sigh. by ledow · · Score: 2

    "They fucked up majorly to the point where we sued them, but then offered us some more of the software they fucked up for free, and we can tie ourselves into them more, so we thought that's a great deal and a good use of taxpayer's money!"

  15. Re:The real beauty by thegarbz · · Score: 2

    Most contract based negotiations involve determining the performance. I hate Oracle as much as anyone in IT, but playing devils advocate and knowing how IT projects in various governments often present a moving target there's a chance that the government took this offer because the courts may actually find it more in Oracle's favour.

    Remember Oracle delivered something. The criteria is not a black and white it works = 100%, it doesn't = 0%.

  16. Re:Money saved by drinkypoo · · Score: 2

    Which do you want - IBM, Oracle, or Microsoft? Those are the Vanilla, Chocolate, and Strawberry of flavors you get to choose from when you're a client as big as a state.

    A client that big can afford to hire developers and roll their own solution from Open Source ingredients. But they usually don't, because you can't blame failure of a project like that on IBM, Oracle, or Microsoft.

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  17. Too much, then too little? by sabbede · · Score: 2
    Why not just ask for their money back? Why not settle for getting their money back? Usually, if you buy something and it doesn't work, you don't demand 25 times what you paid, you get your money back. Nor do you accept 40% of the purchase price.

    What's the deal?