The ITAM Review

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Oracle faces class action lawsuit over cloud FUD

It appears Oracle’s cloud FUD chickens are coming home to roost.

The US based specialist securities prosecutor BLB&G has filed a class action lawsuit against Oracle on behalf of the City of Sunrise Firefighters Pension Fund.

In a statement, the class action states that Oracle violated stock exchange rules by making false claims during conference calls.

Of particular interest is the following section, which echoes sentiment from the ITAM Review community regarding Oracle’s behavior:

“Throughout the Class Period, Defendants misrepresented the true drivers of the Company’s cloud revenue growth. In particular, Defendants falsely attributed the Company’s revenue growth in its cloud segment to a variety of factors and initiatives, including, among other things, Oracle’s “unprecedented level of automation and cost savings,” as well as the Company being “customer-focused” and “intimate partners with our customer.”

In truth, Oracle drove sales of cloud products using threats and extortive tactics. The use of such tactics concealed the lack of real demand for Oracle’s cloud services, making the growth unsustainable and ultimately driving away customers. Among other things, the Company threatened current customers with “audits” of their use of the Company’s non-cloud software licenses unless the customers agreed to shift their business to Oracle cloud programs.”

Revenue recognition time bomb?

In addition to these alleged false claims from Oracle regarding cloud growth, I suspect there is a serious revenue recognition issue on the horizon.

class action lawsuit

Buying Oracle cloud as a mean of reducing Oracle maintenance costs

We hear that ITAM Review readers either:

  • Are coerced into signing a cloud agreement as a “commercial solution” to any audit misdemeanors
  • Or proactively seek to purchase an Oracle cloud solution as a strategy for reducing legacy on premise support spend (e.g. Pretend to be interested in cloud if perpetual maintenance can be reduced, then dump the cloud when it expires).

Both of these tactics suggest Oracle’s cloud solution not actually being used. We also hear from ITAM Review readers that part of Oracle’s order process is to sign the customer into the cloud platform therefore demonstrating “usage” under revenue recognition rules. I would suggest further digging into this area to find true actual usage (And therefore traction) of their cloud solution.

BLB&G welcome similar claims before 9th October 2018.

Press statement: https://www.prnewswire.com/news-releases/bernstein-litowitz-berger–grossmann-llp-announces-securities-class-action-suit-filed-against-oracle-corporation-and-certain-of-its-executives-300695598.html

BLB&G website: http://www.blbglaw.com

Image source: https://www.linkedin.com/feed/update/urn:li:activity:6324507386841223169

About Martin Thompson

Martin is owner and founder of The ITAM Review, an online resource for worldwide ITAM professionals. The ITAM Review is best known for its weekly newsletter of all the latest industry updates, LISA training platform, Excellence Awards and conferences in UK, USA and Australia.

Martin is also the founder of ITAM Forum, a not-for-profit trade body for the ITAM industry created to raise the profile of the profession and bring an organisational certification to market. On a voluntary basis Martin is a contributor to ISO WG21 which develops the ITAM International Standard ISO/IEC 19770.

He is also the author of the book "Practical ITAM - The essential guide for IT Asset Managers", a book that describes how to get started and make a difference in the field of IT Asset Management. In addition, Martin developed the PITAM training course and certification.

Prior to founding the ITAM Review in 2008 Martin worked for Centennial Software (Ivanti), Silicon Graphics, CA Technologies and Computer 2000 (Tech Data).

When not working, Martin likes to Ski, Hike, Motorbike and spend time with his young family.

Connect with Martin on LinkedIn.

One Comment

  1. Second law firm announces class action: https://finance.yahoo.com/news/law-offices-howard-g-smith-192558838.html?.tsrc=applewf&_guc_consent_skip=1536390682

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