Tag Archives: IT Industry

IBM Cloud Revenue Investigation by the SEC

With IBM cloud revenue estimated to reach $7 billion by 2015 the revelation the SEC is investing how IBM reports creates questions that may impact all cloud providers. IBM reported that: In May 2013, IBM learned that the SEC is conducting an investigation into how IBM reports cloud revenue,…IBM is cooperating with the SEC in … Continue reading this entry

Super Users Control All IT Systems

In every IT shop someone has to be in charge of the system including all accounts, passwords, data, and security, which is endemic to IT systems and has always been the case. System administrators who have access to special user accounts are often call Super Users, because somebody has to have access to maintain operating … Continue reading this entry

Windows President Departs Abruptly

With little fanfare and soon after the launch of Windows 8, Microsoft announced the departure of 23 year veteran Steven Sinofsky which is leading to speculation that Windows 8 may not be as successful as Microsoft hoped. Also the New York Times reported that in recent SEC filings Microsoft blamed Sinofsky for failing to comply … Continue reading this entry

The Internet is an Energy Hog!

The New York Times reported that Internet sites waste huge amounts of energy and that worldwide “the digital warehouses use about 30 billion watts of electricity, roughly equivalent to the output of 30 nuclear power plants.” The study reviewed “20,000 servers in about 70 large data centers spanning the commercial gamut: drug companies, military contractors, … Continue reading this entry

eMails Costly to Samsung in Apple's $1 Billion Jury Verdict

Behind Apple’s huge verdict in the Samsung trial it’s likely that eMails may have caused the most damage to Samsung on two levels: first, Samsung destroyed eMails which led the Judge to instruct the jury that they should assume the destroyed emails were adverse to Samsung (the legal term is an “Adverse Inference”); and second, … Continue reading this entry

Samsung is Accused of Mistreating Chinese Workers

China Labor Watch (CLW) reported "illegal and inhumane violations" at Samsung’s factories in China including 7 workers under the age of 16. With all the bad press resulting from Apple’s August 2012 $1billion patent infringement victory over Samsung, the title of CLW Report says volumes: An Investigation of Eight Samsung Factories in China: Is Samsung … Continue reading this entry

Apple v. Samsung - No Infringement in Japan

Just to show how unpredictable patent infringement cases are, a week after Apple’s massive $1+ billion verdict against Samsung in California, a Tokyo Judge ruled that Samsung did not infringe a different Apple patent. Computerworld reported that Tokyo District Judge Tamotsu Shoji ruled on August 31, 2012 that Samsung did not infringe Apple’s “patent for synching … Continue reading this entry

Avoiding Disasters when Negotiating Software Development & ERP Implementation Projects

Few General Counsel and attorneys understand the important contracts terms to negotiate in order to avoid disasters when developing new software systems or implementing ERP systems. On July 18, 2012 from 12:30-1:30pm CDT my friend John DeGroote (Former Executive Vice President and Chief Legal Officer at BearingPoint, Inc.) and I will present a webcast for … Continue reading this entry

'Tiger Woods Is Just Like Windows 7′ said Microsoft CEO Steve Ballmer

Apparently Microsoft did not learn its lesson hiring Jerry Seinfeld to help launch Vista in the fall of 2008, now apparently Tiger Woods will be Microsoft’s spokesman for Windows 7! Is it possible that Steve Ballmer actually said???: “This guy is big – really big from what I hear, and he’s known as a great … Continue reading this entry

Fed Needs Help- "Oops: GSA official overstates cloud savings"

Cloud Computing is not to blame for the General Services Administration’s exaggeration that it saved $850 million when in fact the savings was $1.8 million! At the recent FOSE conference a GSA official failed to describe how the federal agency managed to save $850 million and over what time frame the saving occurred, but later … Continue reading this entry

Good Contracts Make for Success Stories for Cloud Computing and ERP Systems

As more business rely on cloud computing and ERP systems it is essential to negotiate contracts to suit the needs of each enterprise. Please watch my new video entitled "The Price You Pay for IT: From ERP to Cloud Computing" where many of the important IT contract topics are presented. Videos from SmartPros Ltd. It … Continue reading this entry

60 Minutes Report about Cyber War, but Still No Cyber Czar

Probably everyone who watched the recent 60 Minutes story entitled “Cyber War: Sabotaging the System” was not surprised by any aspect of the story. The report is old news, but unsettling particularly following President Obama’s presentation of his “Cyber Policy Review.” The White House vowed to take the lead in protecting the US. However apparently … Continue reading this entry

Computers in the Sky- What a Headline: Wayward pilots were working on their laptops

As a frequent flier with millions of air miles I was as shocked as anyone to learn that a pilot and first officer were preoccupied with their laptops while flying to Minneapolis from San Diego last week. The crew apparently was so mentally invested in their laptops that they did not hear their radios for … Continue reading this entry

Outsourcing Update: Xerox Buys Outsourcer ACS -

On the heels of Dell’s purchase of Perot Systems, Xerox announced that it was purchasing Affiliated Computer Systems (ACS) for $6.4B. Dell just agreed to buy Perot Systems for $3.9B. Now that 3 major hardware companies have purchased outsourcing vendors the outsourcing/sale of hardware market will get more interesting. ACS claims it is the “world’s … Continue reading this entry

Dell and HP Now Outsourcing Competitors for Services and Hardware

Reports that Dell is spending $3.9 billion to acquire Perot Systems are not much of surprise since HP’s one year report card on acquiring EDS (Electronic Data Systems) are getting high marks. When HP acquired EDS in August 2008 for $13.9 billion there was some question about whether HP could transform EDS into a profitable … Continue reading this entry

GUEST-POST: Creative Mediation for IT Dispute

HAPPY 4TH ANNIVERSARY TO DISPUTING!!! – conceived by Karl Bayer and Rob Hargove.  These days Disputing is ably managed by Victoria VanBuren. Victoria recently reached out to me and posted some of my materials and now I am a Guest Blogger for Disputing. This ADR (Alternative Dispute Resolution) Guest Blog was posted on August 12, … Continue reading this entry

Holy Smokes What at Headline- Judge Order Microsoft to stop selling Word!

A permanent injunction was entered based on Microsoft’s patent infringement that prohibits the sale of Word products for certain custom XML codes! Also US District Judge Leonard Davis (Eastern District of Texas in Tyler) ordered Microsoft to pay $40 million for willful infringement and $37 million in prejudgment interest. This injunction and award of willful … Continue reading this entry

ERP Implementations- Predictable Disasters!

A recent review of a vendor’s proposed contracts for a new ERP (Enterprise Resource Program) system reminded me why so many implementations fail and lead to litigation – vendors generally underestimate the scope of the systems (on purpose to keep the price tag low, or just don’t know what they are doing) and as a … Continue reading this entry

EU Update- IT Security Breaches, Microsoft, and Intel

Recent reports from the EU potentially impact a number of Internet and IT industry issues of great import, including plans for new laws to protect consumers from IT security breaches, Microsoft’s strategy to defend antitrust claims regarding the Internet Explorer (IE) browser, and a ruling that Intel violates antitrust laws. EU Notice for Loss of … Continue reading this entry

EU Antitrust Activities Aimed at Microsoft and IBM

Google (Chrome browser) and Mozilla (Firefox browser) joined forces in the EU to complain about Microsoft’s marketing of Internet Explorer (IE) originally brought by Norwegian browser company Opera, and T3 filed an antitrust complaint in the EU against IBM for adversely impacting the mainframe market. Neither Microsoft nor IBM are strangers to antitrust actions in … Continue reading this entry

10 Commandments of IT Contracts

My 10 Commandments of IT Contracts have been a common speech I have given for many years and is based on drafting, negotiating, and litigating hundred of IT contracts. Most IT professionals can guess all 10: 1st Commandment – No Computer Project is ever completed on time 2nd Commandment – No Computer Project is ever … Continue reading this entry

Wow Another Huge Data Breach!

Heartland Payment Systems disclosed what may be largest payment data breach to date with over 100M cards being compromised. Apparently unknown intruders planted malicious software to steal data card information which was not detected until Visa and MasterCard alerted Heartland. Heartland’s public statement indicated that this may have been the result of “widespread global cyberfraud,” … Continue reading this entry