HP is taking legal action against Oracle for allegedly breaching its 2010 partnership agreement of porting HP’s core software products with the latest versions of Itanium. In March, Oracle announced it would not be developing any new versions for products designed for the Itanium processor. Itanium has the ability to power the so-called Business Critical Systems hardware for extremely demanding enterprise applications. However, Oracle said the chip line is about to die.

The companies’ lawyer met in the Santa Clara County Superior Court with Judge James Kleinberg presiding to discuss their side of the event. Others in the courtroom included Ann Livermore, HP board member and former enterprise business chief, and Oracle’s co-President Safra Catz. Catz and Livermore were the two key negotiators for the agreement. Livermore was to testify later in the day. Kleinberg is set to rule if the companies had a legally binding contract.

Jeff Thomas, HP’s lawyer, focused on the so-called Hurd Agreement wording, where the companies reiterated their partnership after Oracle hired Mark Hurd, former CEO for HP. HP also sued Hurd for breaking the confidentiality agreement.

Thomas and the lead lawyer for Oracle focused on one paragraph of the agreement, which read Oracle would continue to provide its product suite on the HP platform in a way that’s consistent with the existing partnership before Hurd’s hiring.

No industry is as global as software development.  Pervasive networking means that software developers can, and do, work from anywhere. This has led many businesses to hiring development subcontractors in other countries, aiming to find good development talent at lower prices, or with fewer hassles on entry into the US.

While this is an ongoing and dynamic equilibrium, there are compelling reasons for doing software development in the United States, or using a hybrid model where some parts of the task are parceled out to foreign contractors and some are handled locally.

Development Methodologies

The primary reason for developing software overseas is cost reduction. The primary argument against overseas software development is slower development cycles. When software still used the "waterfall" industrial process for project management (where everything is budgeted in terms of time at the beginning of the project), offshoring was quite compelling. As more companies emulate Google and Facebook's process of "release early, update often, and refine from user feedback," an increasing premium has been put on software teams that are small enough to be agile (indeed, the development process is called Agile Development), and centralized enough, in terms of time zones, that collaborators can work together. This has made both Google and Facebook leaders in US-based software development, though they both still maintain teams of developers in other countries tasked with specific projects.

Localization For Americans

The United States is still one of the major markets for software development, and projects aimed at American customers needs to meet cultural norms. This applies to any country, not just the U.S. This puts a premium on software developers who aren't just fluent in English, but native speakers, and who understand American culture. While it's possible (and even likely) to make server-side software, and management utilities that can get by with terse, fractured English, anything that's enterprise-facing or consumer-facing requires more work on polish and presentation than is practical using outsourced developers. There is a reason why the leaders in software User Interface development are all US-based companies, and that's because consumer-focused design is still an overwhelming US advantage.

Ongoing Concerns

The primary concern for American software development is talent production. The US secondary education system produces a much smaller percentage of students with a solid math and engineering background, and while US universities lead the world in their computer science and engineering curricula, slightly under half of all of those graduates are from foreign countries, because American students don't take the course loads needed to succeed in them. Software development companies in the United States are deeply concerned about getting enough engineers and programmers out of the US university system. Some, such as Google, are trying to get programmers hooked on logical problem solving at a young age, with the Summer of Code programs. Others, like Microsoft, offer scholarships for computer science degrees.

Overall, the changes in project management methodologies mean that the US is the current leader in software development, and so long as the primary market for software remains English and American-centric, that's going to remain true. That trend is far from guaranteed, and in the world of software, things can change quickly.

Information Technology (IT) tools are here to support your business in the global market. Effective communication is key for IT and business experts to collaborate effectively in search of solutions. Consulting, reaching out for help to a third-party, can bridge the gap between your business marketing experts and IT operations experts, especially with the emergence of big data analytics and its implication on the global market. Having the right consultants equipped with business knowledge and data technology expertise can make a difference.

Your marketing organization is probably familiar with digital tools and conducting global research. Its results can uncover the journey customers take to purchase your products or use your services. It can highlight the pain points and frictions that prevent their experiences with you to be delightful and amazing. Armed with this knowledge and beautiful compelling presentations, marketing executives expect that IT operations leaders will translate these insights into actions.

But people in IT operations are too involved in meeting key performance indicators that have nothing to do with the end customers. Meeting requirements of faster and cheaper don't translate very well into customer satisfaction. A classic breakdown in communication is described in a Harvard Business Review article, “A Technique to Bridge the Gap Between Marketing and IT.” The author goes on to describe how a new CIO at a bank found IT to be focused on the internal organization as their customers, rather than the real end customer. Moreover, no one was looking at the incident reports which clearly showed that incidents were increasing. And nobody looked at what these incidents were doing to the bank’s customers. The startling and scary numbers of incidents were caught and addressed and brought down from 1,000 to 600 or (40%) and later to 450 per week.

Surprisingly, these type of seemingly isolated scenarios are still being discovered within organizations presently, sometimes internally, and through third party insights such as consultants.  By engaging consultants to provide a perspective based on what they’ve experienced before, they can often bring new and innovative ideas or possible challenges to the table that an internal processes probably wouldn’t have been able to see on their own.  Often, third party input can help to provide the translation needed to go from marketing research results into actions that IT operations can understand and make sense in their high-performance culture. When companies understand and use this knowledge to reassess how to improve their customer experiences, they work backward from what customers want to achieve significantly higher improvements. 

IT and business management are more and more being asked to move away from their traditional roles, such as IT being the "technology infrastructure gatekeeper", and instead become enablers across the enterprise of effective collaboration, big data consumers, and key players in driving desired business outcomes. Marketing leaders look to technology as a way to facilitate the customer's journey and his positive experience of it, bring more clients, and meet increasingly higher loyalty goals. They rely on IT projects to enable big data-based behavioral targeting anywhere in the global market. This means projects to analyze search engine results, improve website personalization and optimization, and building of mobile applications for a more personal experience. All these are projects that consultants with their communication, consulting and technical expertise are well prepared to help in order to bridge the expectation gap between IT and other business organizations.

In order to meet these 21st-century business challenges, Information Technology organizations have been transitioning from waterfall stage-gate project management approaches to agile development. The stage-gate method applies a step-by-step approach where waiting, reviewing and approving are required before moving to the next step in the project. Agile management emphasizes collaboration, no decision hierarchies, and few people roles for making quick, customer-focused small changes over time to deliver solutions that delight and amaze customers. Agile development has allowed many businesses to respond quickly to changing customer desires and expectations. But moving to continuous delivery is a struggle requiring focused, dedicated teams that are not well suited to the traditional matrix organization where people are resources whose time must be "chopped" into many pieces and shared among many projects. Agile teams meet frequently as often as daily but never waiting more than a week to do so.

Marketing people are externally focused. IT people are internally focused. The first works with customer emotions. The second works to increase efficiency. Big data analytic tools are used by the first and supported by the second. Consultants can be the glue that helps both come together in effective collaborations that deliver positive business outcomes in both global and local markets.