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Oracle Accused of Defrauding Investors On Cloud Sales Growth (bloomberg.com)

An anonymous reader quotes a report from Bloomberg: Oracle is named in a lawsuit alleging the company's executives lied to shareholders when they explained why cloud sales were growing. The investor leading the case, the City of Sunrise Firefighters' Pension Fund, claimed Oracle engaged in coercion and threats to sell its cloud-computing products, creating an unsustainable model that fell apart, according to the suit seeking class-action status and filed Friday in San Jose, California. The Florida-based firefighter pension fund and other investors lost money when Oracle's stock plummeted in March after reporting a disappointing earnings report and outlook, according to the lawsuit.

The suit claimed that Oracle's executives lied in forward-looking statements, which are never guaranteed, during earnings calls and at investor conferences in 2017 when they said customers were rapidly adopting their cloud-based products and cloud sales would accelerate. The firefighter pension, which manages about $143 million for 235 participants, alleged that Oracle used software license audits and weakened existing maintenance programs to compel customers to buy the cloud products.

31 of 65 comments (clear)

  1. Delphi by mentil · · Score: 1

    Guess they weren't oracles after all, at least regarding their stock performance.

    --
    Corruption is convincing someone that the selfless ideal is the same as their selfish ideal.
  2. So, business as usual then by imidan · · Score: 4, Informative

    alleged that Oracle used software license audits and weakened existing maintenance programs to compel customers to buy the cloud products

    I mean... isn't that just Oracle's usual business practice? Not just for cloud products, but for whatever product they're trying to push when they perform an "audit"?

    1. Re:So, business as usual then by Gojira+Shipi-Taro · · Score: 1

      It is. It's unethical as FUCK and now it's starting to bite them in the ass. Fuck Larry Ellison sideways with a bandsaw.

      --
      "Oh my God. This is terrible. This is the end of my Presidency. I'm fucked."; ~ Donald J. Trump
    2. Re:So, business as usual then by Anonymous Coward · · Score: 1

      40 years of continuously dickish anti-customer behavior. It doesn't seem they will ever run out of dumb sucker customers, so I am sure they will be OK.

    3. Re:So, business as usual then by Cederic · · Score: 1

      It's distressingly hard to avoid being an Oracle customer.

      Ok, these days only a quarter of off the shelf business systems require Oracle, but lets say you use a different vendor for your HR system, for recruitment, in your call centre, for managing your IT service desk.. Next thing you know, Oracle have bought them, they're changing the licence terms and you're fucked.

      About the only way to avoid them with any certainty is to stick with IBM and SAP, and lets face it, those aren't exactly cost effective alternatives.

    4. Re:So, business as usual then by bungo · · Score: 4, Interesting

      No, this is worse than their normal business practices.

      What they are doing is cannibalising their traditional on-premisis installations, where the customer runs everything on their on servers and have their own local staff, and forcing their customers to be locked into their cloud offerings, using Oracle's servers and Oracle's staff.

      Oracle are giving huge discounts to customers to migrate to their cloud, and they are also giving huge commissions to their VARs and partners to sell cloud licenses. The customer initially has a lower cost, as they have a discount for a specific period, but after that, they are hit with the full cost forever.

      This kills off all on-premisis servers, operations. Companies no longer need their skilled technical staff, and trust Oracle to do everything for them. No different from normal complete IT outsourcing, except they are trusting a corporation that has been proven in court to lie, cheat and deceive. Oracle will screw over anyone, from it's own staff, to it's VARs and customers to make a buck.

      What is going to happen in the longer term is that they will run out of customers using on-premisis systems, so their cloud growth will stop. The Oracle technical staff will migrate to other technologies as their Oracle related careers disappear. When new database related projects come up, there will be no internal staff recommending Oracle, but other alternatives, such as postgresql, etc. Oracle's market share will continue to decline.

      All for chasing the short term growth in the cloud services, playing catch up with the big boys like Amazon.

      --
      "The best part? I became an ordained minister while not wearing pants." -- CleverNickName
  3. My company is leaving Oracle by Rosco+P.+Coltrane · · Score: 5, Informative

    We have an Oracle DB for our ERP and our CRM, and we're currently actively investing in a fast-track program to switch database provider for that exact reason: Oracle have been auditing the living daylight out of us lately, asking for tons of extra cash, threatening to drag us to court, and being generally extremely aggressive over features and number of seats they seemed okay to provide as part of our original contract up to about a year ago.

    All the other Oracle customers I know are in the same position: they got so tired of Oracle's shenanigans they're all leaving in droves despite the cost.

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
    1. Re:My company is leaving Oracle by jaredm1 · · Score: 2

      Same story with 2 of my former clients - Oracle's tactics worked before because they had a pretty solid monopoly and customers were willing to pay. Now customers are looking at cutting costs and attracted towards cloud competitors that charge fractions of what Oracle charges and aren't anywhere near as aggressive with audits and sales. Oracle can still succeed but it really needs to throw away its current playbook - otherwise it'll be repeating IBM's mistakes when the mainframe era was coming to an end.

    2. Re:My company is leaving Oracle by StormReaver · · Score: 3, Insightful

      Unfortunately there are no other choices besides Microsoft and Amazon's cloud DynoDB.

      There's your first mistake.

      No geeks Mysql is not the same thing nor close...

      The thought of using MySQL for anything even remotely important should be enough to get someone fired and/or prosecuted.

      ...so don't bother bringing that up as these large customers use financial and AI reporting tools and APIs and not just simple SQL statements.

      What do you think these reporting tools are sending to the database, if not SQL?

    3. Re:My company is leaving Oracle by Billly+Gates · · Score: 2

      Most people here say just use MySQL and are dead serious without realizing what enterprise needs are. This is slashdot after all and free software is somehow always superior over proprietary. Anyway Oracles tools tie heavily into generated code all proprietary PSQL and PeopleSoft APIs and other Java code using again more proprietary Oracle calls. It really would be a complete rewrite to leave them which they took out of Microsoft's playbook.

      There is a reason companies love their Microsoft Surface books while consumers use other tablets. It is because of the tie in with the ecosystem infrastructure which MS monopolized 20 years ago so they can't leave it.

      It's cheaper to just pay the bribe and stick with a thousand papercuts of pain than to cut off a limb and upset the company shareprice in excess spending.

    4. Re:My company is leaving Oracle by BLToday · · Score: 3, Funny

      Unfortunately there are no other choices besides Microsoft and Amazon's cloud DynoDB.

      There's your first mistake.

      No geeks Mysql is not the same thing nor close...

      The thought of using MySQL for anything even remotely important should be enough to get someone fired and/or prosecuted.

      ...so don't bother bringing that up as these large customers use financial and AI reporting tools and APIs and not just simple SQL statements.

      What do you think these reporting tools are sending to the database, if not SQL?

      You’re bringing back nightmares. I remember dealing with MySQL back 1999 when the company I worked for tried to migrate to MySQL to save money. The horrors. Plus, MySQL is own by Oracle now. So it’s like going from the Oracle’s left pocket to Oracle’s smelly feet.

    5. Re: My company is leaving Oracle by Anonymous Coward · · Score: 1

      So other than arrogance what exactly is wrong with MySQL in your opinion?

    6. Re:My company is leaving Oracle by Cederic · · Score: 1

      The database is an irrelevance. Yes, it's fucking expensive, but it's not where Oracle are making their money.

      It's the apps tier, and that's a fuck of a lot harder to migrate from. On the plus side, when you do migrate you can shift out of the Oracle database at the same time.

    7. Re: My company is leaving Oracle by StormReaver · · Score: 1

      ...what exactly is wrong with MySQL in your opinion?

      MySQL's critical deficiencies are legion. The least of MySQL's major brain-damage revolves around silently accepting invalid data, then moving up to modifying data to fit column constraints (when the data should cause an error condition to be generated). The list goes on, but you can look those up yourself.

      It didn't really surprise me that Oracle bought MySQL. Their thought process was something like, "We need a cheap, shitty database to complement our expensive, shitty database."

    8. Re:My company is leaving Oracle by StormReaver · · Score: 1

      This is slashdot after all and free software is somehow always superior over proprietary.

      I know I didn't say so in my original posting, but PostgreSQL is massively superior to Oracle. MySQL, specifically, it even worse than Oracle, though.

    9. Re: My company is leaving Oracle by BranMan · · Score: 1

      No ACID compliance for one.

  4. Re: by Excelcia · · Score: 1, Insightful

    I see you also posted anonymously.

    what gives you the right to censor anything you think is

    The word "censorship" only applies when performed by a government on public speech. This is a private forum and the moderators here have every right in the world to pick and choose what they want to have displayed here.

    whats next? who even determines what content comes and what goes

    Yes, wanting to remove a post that is egregiously racist, is tantamount to public book burning. That was sarcasm, in case anyone wasn't aware.

    While I agree that speech that is close to the border of what is or isn't racist can be a tough call, in cases like the post in question there is really no question. Really it comes down to determining the intent of the person making the speech. Is it intended to defame, or incite anger or hatred towards a race or class of people? If the context of the speech makes that a clear yes, then the content should be removed.

    The question is, do /you/ have difficulty making that determination for the post in question? Forget the whole "slippery slope" nonsense and generalities that people who like to post racist content hide behind. Do you have any difficulty parsing the clear intention of the poster in this instance?

  5. gambling by bigtreeman · · Score: 3, Insightful

    Investing in the stock market is speculation
    AKA gambling
    don't complain when the house takes your money

    --
    Go well
    1. Re:gambling by Anonymous Coward · · Score: 1

      While I disagree with your sentiment (for long-term investors that is)...your analogy is also flawed:

      Even casinos have to abide by the law

      You'd be rightly pissed if the dealer was cheating against you

    2. Re:gambling by StormReaver · · Score: 1

      You'd be rightly pissed if the dealer was cheating against you[.]

      The casino IS cheating against you. The casino is allowed to collect and use analytics in their war against you; but you will get kicked out, banned, and even possibly arrested for doing the same thing.

      Always go to the casino with the intention of walking through the door, emptying your wallet/purse into the trashcan, and then immediately turning and leaving.

      While the store-your-data-on-someone-else's-servers craze hasn't yet gotten that bad, it's just a matter of time until it does.

    3. Re: gambling by umghhh · · Score: 1

      Gamble is a gamble. You may attempt to minimize losses but where are all the sophisticated PHDs that were doing magic before 2008 while claiming black swans do not exist. Surely some of them made money, some of them made losses and some of them continue doing their gambling which is to say - you need some luck too. Connecting to exchange in such a way as to see future deals is helpful. It does not mean you as a private person cannot make money on your deals. It just not as certain and in any case any deal is subject to luck.

  6. Wow. That is one generous pension fund. by Zontar_Thing_From_Ve · · Score: 1

    I don't have a pension fund (401K like most Americans here) so I can't compare this to anything I know, but I did the math and based on the numbers above, they have $608510 allocated per retiree. I would think that's amazingly generous for a pension fund. I can tell you based on numbers I've seen that less than 10% of 401K holders will ever reach that number or higher. I would also think that based on having so much money that the pension managers should probably know more than to invest in Oracle as a major component of their pension fund. If they don't, then they don't understand what they are doing. Oracle was a pretty poor investment between 2015 and 2017 where if you bought any before 2015 you basically didn't make any money at all. I can't speak to whether Oracle really lied or not, but it does seem on the surface that a pension fund management company placed a bad bet and they are looking for scapegoats.

  7. Re:the pension fund managers should be.. by jaredm1 · · Score: 1

    Pension funds manage large sums of money - decent chunks go into indexes but they also have strong reasons to buy stocks.

    For example, many funds are based on (i.e. need in order to meet their obligations) ~7% annualised returns. They should and would be in bonds (super 'low risk') if the returns there weren't so pathetic due to prolonged super-low interest rates - the 2008 recovery was made possible by screwing over savers (and in turn pension funds). They have been having to chase equities and indexes can't reliably return the 7%+ they need. Of course, they could lower their returns expectations but that would mean contributions need to increase or benefits need to be cut - neither of which goes down well and becomes a political problem with voters.

    In short, they are damned if they do and damned if they don't

  8. Re:For every company that leaves, two will join... by Billly+Gates · · Score: 2

    Companies did the offshoring. Some like Chevron still are while there is a big fight now back to in-source.

    All the companies that did this last decade lost money, had outages, had terrible experiences, and couldn't integrate their processes into their own as they did things their own ways and was a separate entity.

    You get what you pay for. After the CIO or CEO calls and gets someone in India asking if to restart his home PC or they loose $2,000,000 in outage to save $40,000 in salary they quickly reverse.

  9. Oracle is legacy incarnate by EmperorOfCanada · · Score: 1

    I can see some company sticking with Oracle because they think that it would cost more to make the switch to something healthier. But it makes no sense for any company to do cloud with Oracle in that it would be new developing going on; why create neo-legacy crap when you don't have to.

    Maybe their strong arm tactics turned a few current customers over to cloud but in my world I where it is endless AWS this and Azure that, I never have heard a single peep about going Oracle.

    This is just like when nobody could see a way around Microsoft's stranglehold on the PC OS which then became a non-story when Android and iOS ate the entire mobile landscape. Microsoft tried so very hard stay relevant in this new world. Now we have the exact same story. Everyone wondered how to break the Oracle stranglehold on the enterprise DB and suddenly cloud made it a non-story. Except in the Microsoft case many people still do use PCs to access so much of the internet. With Oracle I see a future HP-UX. Purified Legacy.

    I'm now waiting for someone to send me a resume showing their legacy creds with Cobol, DB2, HP-UX, and then Oracle listed as obscure dead technologies they know.

  10. Why Should Investors Get Off Easy by mschwanke97402 · · Score: 1

    Customers get the shaft regularly after all.

  11. First hand experience with Oracle extortion tactic by Anonymous Coward · · Score: 5, Informative

    Posting as an AC for obvious reasons.

    Long time ago someone at a company I worked for made a decision to use Oracle DB. That was the most expensive mistake in the history of the company. Here is the most recent episode of extortion.

    A couple of years ago one of our DB admins accidentally enabled Advanced Data Guard on all of our DB hosts. Oracle intentionally does not make it easy to discover when you enable features that you don't have licenses for. It was enabled for a few months and not used. We really did not use ADG and could prove it. We had to undergo an Oracle audit for an unrelated reason. The audit discovered these feature being enabled. In a reasonable world one would imagine that we would be asked to turn off the unnecessary feature and maybe pay something for it. But no. Oracle demanded that we licensed ADG for all our hosts. They did not care that we had no use for it. On top of that they forced us to buy they shitcloud. We ended up spending a lot of money buying useless ADG licenses and their good-for-nothing-cloud. And you know what, we never ever used it after we paid for it. We never even logged into their trashcloud. But the scumbags undoubtedly reported this racket as a legitimate sale.

    If you ever end up on an uninhabited island and need to use a database to get back home and Oracle being the only vendor there offers you its DB for free, use flat files instead. These people are despicable scum. Crooks. Never ever touch anything with Oracle label on it. Yes, it includes Java and MySQL.

    Don't take me wrong. Oracle DB, MySQL and Java are fine technologies. They are just owned by a company which is run by scum.

  12. Re:For every company that leaves, two will join... by umghhh · · Score: 1

    This is not to say you cannot win some on outsourcing. You just need to do it right and the savings will not be as the comparison of hourly wages made by some silly MBA may suggest.

  13. Re:For every company that leaves, two will join... by Cederic · · Score: 1

    Outsourcing is a guaranteed way to save costs

    That's utter total bollocks. Outsourcing is a guaranteed way to change the cost structure but it sure as shit isn't guaranteed to save any money.

    Cloud operations, even if it is a "lift and shift" or a "forklift" approach to the cloud, recognizes instant cost savings

    Again, total utter bollocks. Again, it's a change in the cost structure and it can actually offer a range of interesting options, but it does not save costs.

    If you're running at such a low scale that you can't afford good admin, don't have your own data centre and want to leverage the cloud providers' expertise then the cloud can be a great option, but at any scale at all, cheaper alternatives exist.

    No more CAPEX on obsolete hardware, data centers, permits. Just pay your OPEX bill, and enjoy the savings

    Capex isn't a cost, it's an investment. Hence being capex. The cost is the depreciation and amortisation, and oddly enough, guess what the Opex charge from the cloud provider is covering.

    it looks a LOT better on quarterly statements, versus having to do a charge-off in a quarter

    What the fuck is a charge-off and why the fuck didn't you sack your CFO if he hasn't avoided one relating to IT equipement investment?

    When companies are looking to cut costs, they rather pay a $1,000,000 bill monthly than a $10,000,000 bill in equipment which lasts five years, because that ten million makes that quarter look like crap to stockholders, even though it is a lot cheaper than the total cost ($60,000,000) of the cloud services

    You're comparing cash outlay and not cost. Shit, you've even acknowledged the cost differential is not backing your argument.

    You're also miserably missing a very key factor here: If people want to use cloud services, there are better and cheaper options than Oracle. For generic hosting Amazon and Microsoft offer significantly superior options, for business systems SAP have some nice options, Salesforce and ServiceNow dominate their markets and other providers are available.

    Oracle are expensive and a fucking nightmare to do business with, so even if you do want to go cloud, they're still sensible to avoid.

  14. Got audited, now leaving by Anonymous Coward · · Score: 1

    We were audited by oracle and luckily escaped without any financial penalties (our DBA had gone through an oracle audit before at another company and was fanatical, almost to the point of hysterics, to stick 100% to what we had licensed, and even had kept a few ‘in reserve’). The auditor, according to the cto, made a comment that essentially boiled down to “we’ll be back until we find something” and after that it was, “Drop what you’re doing and get everything off oracle now.” We have C++ apps, java apps, tons of pl/sql and all of it is being either modified or rewritten to be 100% free of oraclethere’s now a serious consideration to possible move away from java on the possibility that they turn that into an attack vector somehow (I know, openjdk and all that, but the cto’s stance is “if it has *anything* to do with oracle, we won’t use it”).

  15. Re:Wow. That is one generous pension fund. by Herkum01 · · Score: 1

    It is most likely the pension fund is for upper management, most of the bigger participants have a 1 to 2 million each, and a few peons having at less 100k.

    You don't have a fund for only 235 people unless they are a very influential and rich enough to afford special attention. Otherwise they would get rolled up with everyone else into a general fund.