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.

Disruptive technologies such as hand-held devices, cloud computing and social media are rattling the foundations upon which traditional businesses are built. Enterprise customers have grown smarter at ensuring the latest technological trends work in their favor. Everyone is trying to zero in on their core competencies by employing commodity services to run their business.

Likewise, enterprise application vendors need to zero in on their core competencies and enhance more value to the businesses of their clientele by leveraging standards-based commodity services, such as IaaS and PaaS, provided by leaders in those segments (e.g. Amazon EC2, Google Cloud Platform etc.).

What else enterprises need to do is learn to adopt new and emerging technologies such as cloud, utility and social computing to build on them to penetrate new market avenues.

New small and medium-sized entrants into the market are constantly challenging enterprises given their ability to rapidly turnaround and address the requirements of the customers in a cost-effective manner. Additionally, these new advancements also affect how enterprises create, deploy, and manage solutions and applications. If you take the example of Force.com, for instance, you find that it’s a common war zone for enterprise application vendors to furnish SME markets with their applications, with the new entrants mostly having an edge.

I suspect that many of you are familiar with the term "hard coding a value" whereby the age of an individual or their location is written into the condition (or action) of a business rule (in this case) as shown below:

if customer.age > 21 and customer.city == 'denver'

then ...

Such coding practices are perfectly expectable provided that the conditional values, age and city, never change. They become entirely unacceptable if a need for different values could be anticipated. A classic example of where this practice occurred that caused considerable heartache in the IT industry was the Y2K issue where dates were updated using only the last 2 digits of a four digit number because the first 2 digits were hard-coded to 19 i.e. 1998, 1999. All was well provided that the date did not advance to a time beyond the 1900’s since no one could be certain of what would happen when the millennia arrived (2000). A considerably amount of work (albeit boring) and money, approximately $200 billion, went into revising systems by way of software rewrites and computer chip replacements in order to thwart any detrimental outcomes. It is obvious how a simple change or an assumption can have sweeping consequences.

You may wonder what Y2K has to do with Business Rule Management Systems (BRMS). Well, what if we considered rules themselves to be hard-coded. If we were to write 100s of rules in Java, .NET or whatever language that only worked for a given scenario or assumption, would that not constitute hard-coded logic? By hard-coded, we obviously mean compiled. For example, if a credit card company has a variety of bonus campaigns, each with their own unique list of rules that may change within a week’s time, what would be the most effective way of writing software to deal with these responsibilities?

Like me, I believe most people go about their business never to give a serious thought about their assumed private correspondence when using Gmail to email friends, colleagues and business associates.  As it turns out, your daily banter may not be so private after all.  A recent article in Fortune Magazine, “Judge Rejects Google Deal Over Email Scanning” caught my attention and an immediate thought dominated my curiosity…Google email and scanning scam.  

In essence, the article describes Googles’ agreement to change the way it scans incoming messages so that it no longer reads emails while they are in transit, but only when they are in someone's inbox! So, what exactly does that mean? Judge Koh, a San Francisco federal judge, said she's not so sure about that. Her ruling claims the settlement does not provide an adequate technical explanation of Google's workaround, which involves scanning in-transit emails for security purposes, and then later parsing them for advertising data. The judge also proposed a legal settlement to pay $2.2 million to lawyers, but nothing to consumers.

My interest in this story is not so much about the proposed settlements or the specific details about how Google or any of the web giants settle claims based on vague legal language. It is however, more about the naiveté of myself and perhaps many others that never question how the email scanning process really works. I wonder, do most of us really care that Gmail uses contents of our mail to display targeted ads?