Welcome!

Recurring Revenue Authors: Derek Weeks, Progress Blog, Liz McMillan, John Katrick, Yeshim Deniz

Related Topics: Recurring Revenue, Java IoT, Open Source Cloud, Government Cloud

Recurring Revenue: Article

US Senate Pushes EC on Oracle-Sun Merger

Oracle just asked for and got more time ostensibly to develop its arguments

Mergers & Acquisitions on Ulitzer

The United States Senate waded into the Oracle-Sun imbroglio Tuesday.

Fifty-nine senators from both sides of the aisle led by one-time presidential hopeful John Kerry (D-Mass) and perennial presidential pretender Orrin Hatch (R-Utah) signed a letter to the European Commission asking it to wrap up its investigation of the Oracle-Sun merger as soon as possible pleading Sun's precarious financial position and its inability to continue to employ thousands of people endlessly under current conditions.

The senators - there are only a hundred of them - tried reasoning proportion with the EC saying, "It is our understanding the Commission is concerned about competition in the database software market. However, we have been informed by Sun Microsystems that their subsidiary, which competes in this specific market, generates only €17 million in revenue and that the same market has competitors with capitalizations of tens of billions of Euros."

In an explanatory statement accompanying the letter Kerry said, "The deal between Oracle and Sun was announced in April and seven months have gone by without a resolution. Continued delay of the European Commission's decision on clearance threatens thousands of American jobs, so we felt compelled to ask for a speedy resolution. The EC is within its sovereign rights to set the rules for operation in its market, but with our Department of Justice having made a compelling case that the merger does not pose a threat to competition, it is fair to ask the EC for the basis on which a delay on decision making is warranted and to make a decision one way or the other."

Hmm. "One way or the other."

Odd thing about the delay is that Oracle, which has complained to just about everybody about the EC's foot-dragging, just asked for and got more time ostensibly to develop its arguments.

What use six more days will be to Oracle is a question. The regulator seems intent on blocking the merger unless Oracle divests MySQL, which - come to find out from the senators' letter only generates a pissant $25 million in revenue, half of what was generally supposed when Sun bought the thing for - be still, my heart - a frigging billion dollars.

Senator Hatch's statement was a bit testier and mirrors more accurately American public option.

"I have become increasingly concerned about the growing body of evidence that foreign regulatory agencies are unfairly using their review processes to impede the business of American corporations," he said. "This transaction has been thoroughly reviewed by the United States Department of Justice, which has decided to take no action. Therefore, I hope the EC will quickly conclude their investigation into this transaction."

The Senate's letter is the second time Washington has commented on the EC's intransigence on the Oracle-Sun merger.

On November 9, the day Sun got the EC's reportedly 155-page statement of objections, the Justice Department issued a statement saying that it had looked at the MySQL issue and concluded that "the proposed transaction is unlikely to be anticompetitive."

There are plenty of open source and proprietary databases, it said, and so the consumer is unlikely to be harmed. Plus there's a large community of MySQL developers and users with the expertise to maintain, improve and support it.

Such a thing seems to make no never mind with the EC, which thinks Oracle will adopt a licensing and development strategy that prevents MySQL from cannibalizing its revenues even though hasn't happened yet and they're in two separate markets, as Oracle has maintained.

The DOJ's tone was civil - and although its statement hints - as many people surmise - that the EC is bent on a political agenda having little to do with antitrust issues, relations between the two bodies have yet to degenerate into the prickly tension that marked their affairs after the EC blocked the GE-Honeywell merger a few years back.

Still with each passing day the EC, widely seen as a victim of misguided principle, makes itself a bigger target for the critics who see it as a protectionist haven for every malcontent competitor who can't cut it in the marketplace; who wonder what bright boy made it judge, jury and executioner; who are uncomfortable with its 16th century Star Chamber-like level of secrecy and its guessing game set of rules; and who question its objectivity, which was recently criticized by its own overseer after reviewing the Intel antitrust case.

European lobbyist Florian Mueller, who's working for MySQL creator Monty Widenius on opposing Oracle's acquisition of MySQL - though both men made a killing when Sun bought MySQL for a ludicrous billion dollars - claims the Senate gambit isn't going to work and that the "revenues argument is pointless."

"Twitter had zero revenues last year but no one could argue it wasn't a major force in the market," Mueller said, suggesting that the 59 senators should send Larry Ellison a letter asking him to commit to divesting MySQL so he can close the transaction quickly.

"Oracle could have a deal any day of the week by giving up MySQL," Mueller said.

However, John Briggs, an antitrust expert and an old Brussels hand, told Reuters the pressure from the US senators could affect the EC's decision. In his opinion it "will have a hard time ignoring this."

OK, so other than Thanksgiving why did Oracle really want more time?

Apparently to bring pressure like it just did with the senators.

And it got the hearing that was scheduled for November 25, the day before Thanksgiving, shifted to December 10 according to Reuters.

Apparently Oracle could have asked for more than six days. Apparently it was the one who asked for the six-day grace period. The God of the Book of Genesis created the world in six days. Does Larry actually expect to change the EC's mind in an extra six days? God, people say, had an easier job.

Apparently Oracle blew through a November 20 deadline to come up with a remedy. And it now has at least until November 30 to come up with one and avoid an automatic three-week extension of the EC's final decision, whose deadline is now January 27 instead of January 19. So if Oracle doesn't come up with an acceptable solution we could be talking about a final decision on February 17, close to 10 months after Sun and Oracle cut their deal. Meanwhile, the delay is said to be costing Sun a $100 million a month.

Former Ellison lieutenants swear that Larry ain't as perturbed about the EC's delay as Oracle lets on, that he ain't gonna pay the nominal $7.4 billion ($9.50 a share) he offered for Sun (nominal less the money Sun has in the bank) and that he's going to renegotiate the price down complaining that Sun has been materially damaged by the EC's dicking around.

They also say that Ellison could give a hoot about MySQL - it would be nice to have and he doesn't want a serious competitor to have it - but it's not the reason he's interested in Sun. Java, Sparc, Solaris and the Sun installed base is what he's after.

It's hard to imagine Ellison backing off from this fight but, if he wearies of it, he might offer to dump MySQL into an open source project or foundation like, say, Eclipse, or maybe he just needs six days to cut a handshake deal with a company that won't do much at all with MySQL and distancing Oracle from the licensing control that seems to have the EC so perturbed.

It can't control who Oracle might spin it off to.

By way of revenge, if it goes to a player, odds are Oracle will then do whatever's possible to stomp that sucker flat - even if MySQL isn't a direct competitor of Oracle's database.

That said here's the Kerry-Hatch letter:

Chargé d'Affaires Angelos Pangratis

Acting Head of Delegation
Delegation of the European Commission to the United States
2300 M Street, NW
Washington, DC 20037

Dear Chargé d'Affaires Pangratis:

As fellow government officials committed to the principle that competition is the cornerstone of healthy economic growth, we would like to take this opportunity to share our thoughts with you as to the proposed acquisition of Sun Microsystems, Inc. by Oracle Corporation.  In addition, due to Sun Microsystems' deteriorating financial condition and the possible negative effect on employment of the company's workforce, we respectfully request the European Commission expedite the completion of its investigation into this transaction.

The United States Department of Justice, after an intensive investigation, closed its inquiry into this transaction without taking any action. In fact, the Justice Department did not find documentary evidence that this acquisition would harm competition. We recognize that the European Commission has a sovereign right to thoroughly investigate transactions where corporations utilize the European Union's marketplace. Further, it is our understanding the Commission is concerned about competition in the database software market. However, we have been informed by Sun Microsystems that their subsidiary, which competes in this specific market, generates only €17 million in revenue and that the same market has competitors with capitalizations of tens of billions of Euros.

Unfortunately, Sun Microsystems' financial position has become more precarious and the Commission's inquiry has continued. Some have raised concerns over the company's ability to continue to employ its thousands of workers. Accordingly, we respectfully request the European Commission complete its investigation of this transaction as quickly as possible.

Thank you for your attention to this matter.

See http://kerry.senate.gov/cfm/record.cfm?id=320244 for all the signatures.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

Comments (0)

Share your thoughts on this story.

Add your comment
You must be signed in to add a comment. Sign-in | Register

In accordance with our Comment Policy, we encourage comments that are on topic, relevant and to-the-point. We will remove comments that include profanity, personal attacks, racial slurs, threats of violence, or other inappropriate material that violates our Terms and Conditions, and will block users who make repeated violations. We ask all readers to expect diversity of opinion and to treat one another with dignity and respect.


@ThingsExpo Stories
Recently, REAN Cloud built a digital concierge for a North Carolina hospital that had observed that most patient call button questions were repetitive. In addition, the paper-based process used to measure patient health metrics was laborious, not in real-time and sometimes error-prone. In their session at 21st Cloud Expo, Sean Finnerty, Executive Director, Practice Lead, Health Care & Life Science at REAN Cloud, and Dr. S.P.T. Krishnan, Principal Architect at REAN Cloud, discussed how they built...
In his Opening Keynote at 21st Cloud Expo, John Considine, General Manager of IBM Cloud Infrastructure, led attendees through the exciting evolution of the cloud. He looked at this major disruption from the perspective of technology, business models, and what this means for enterprises of all sizes. John Considine is General Manager of Cloud Infrastructure Services at IBM. In that role he is responsible for leading IBM’s public cloud infrastructure including strategy, development, and offering m...
In his session at 21st Cloud Expo, Raju Shreewastava, founder of Big Data Trunk, provided a fun and simple way to introduce Machine Leaning to anyone and everyone. He solved a machine learning problem and demonstrated an easy way to be able to do machine learning without even coding. Raju Shreewastava is the founder of Big Data Trunk (www.BigDataTrunk.com), a Big Data Training and consulting firm with offices in the United States. He previously led the data warehouse/business intelligence and B...
With tough new regulations coming to Europe on data privacy in May 2018, Calligo will explain why in reality the effect is global and transforms how you consider critical data. EU GDPR fundamentally rewrites the rules for cloud, Big Data and IoT. In his session at 21st Cloud Expo, Adam Ryan, Vice President and General Manager EMEA at Calligo, examined the regulations and provided insight on how it affects technology, challenges the established rules and will usher in new levels of diligence arou...
Nordstrom is transforming the way that they do business and the cloud is the key to enabling speed and hyper personalized customer experiences. In his session at 21st Cloud Expo, Ken Schow, VP of Engineering at Nordstrom, discussed some of the key learnings and common pitfalls of large enterprises moving to the cloud. This includes strategies around choosing a cloud provider(s), architecture, and lessons learned. In addition, he covered some of the best practices for structured team migration an...
The 22nd International Cloud Expo | 1st DXWorld Expo has announced that its Call for Papers is open. Cloud Expo | DXWorld Expo, to be held June 5-7, 2018, at the Javits Center in New York, NY, brings together Cloud Computing, Digital Transformation, Big Data, Internet of Things, DevOps, Machine Learning and WebRTC to one location. With cloud computing driving a higher percentage of enterprise IT budgets every year, it becomes increasingly important to plant your flag in this fast-expanding busin...
No hype cycles or predictions of a gazillion things here. IoT is here. You get it. You know your business and have great ideas for a business transformation strategy. What comes next? Time to make it happen. In his session at @ThingsExpo, Jay Mason, an Associate Partner of Analytics, IoT & Cybersecurity at M&S Consulting, presented a step-by-step plan to develop your technology implementation strategy. He also discussed the evaluation of communication standards and IoT messaging protocols, data...
Smart cities have the potential to change our lives at so many levels for citizens: less pollution, reduced parking obstacles, better health, education and more energy savings. Real-time data streaming and the Internet of Things (IoT) possess the power to turn this vision into a reality. However, most organizations today are building their data infrastructure to focus solely on addressing immediate business needs vs. a platform capable of quickly adapting emerging technologies to address future ...
22nd International Cloud Expo, taking place June 5-7, 2018, at the Javits Center in New York City, NY, and co-located with the 1st DXWorld Expo will feature technical sessions from a rock star conference faculty and the leading industry players in the world. Cloud computing is now being embraced by a majority of enterprises of all sizes. Yesterday's debate about public vs. private has transformed into the reality of hybrid cloud: a recent survey shows that 74% of enterprises have a hybrid cloud ...
22nd International Cloud Expo, taking place June 5-7, 2018, at the Javits Center in New York City, NY, and co-located with the 1st DXWorld Expo will feature technical sessions from a rock star conference faculty and the leading industry players in the world. Cloud computing is now being embraced by a majority of enterprises of all sizes. Yesterday's debate about public vs. private has transformed into the reality of hybrid cloud: a recent survey shows that 74% of enterprises have a hybrid cloud ...
DevOps at Cloud Expo – being held June 5-7, 2018, at the Javits Center in New York, NY – announces that its Call for Papers is open. Born out of proven success in agile development, cloud computing, and process automation, DevOps is a macro trend you cannot afford to miss. From showcase success stories from early adopters and web-scale businesses, DevOps is expanding to organizations of all sizes, including the world's largest enterprises – and delivering real results. Among the proven benefits,...
@DevOpsSummit at Cloud Expo, taking place June 5-7, 2018, at the Javits Center in New York City, NY, is co-located with 22nd Cloud Expo | 1st DXWorld Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time to wait...
Cloud Expo | DXWorld Expo have announced the conference tracks for Cloud Expo 2018. Cloud Expo will be held June 5-7, 2018, at the Javits Center in New York City, and November 6-8, 2018, at the Santa Clara Convention Center, Santa Clara, CA. Digital Transformation (DX) is a major focus with the introduction of DX Expo within the program. Successful transformation requires a laser focus on being data-driven and on using all the tools available that enable transformation if they plan to survive ov...
SYS-CON Events announced today that T-Mobile exhibited at SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. As America's Un-carrier, T-Mobile US, Inc., is redefining the way consumers and businesses buy wireless services through leading product and service innovation. The Company's advanced nationwide 4G LTE network delivers outstanding wireless experiences to 67.4 million customers who are unwilling to compromise on qua...
SYS-CON Events announced today that Cedexis will exhibit at SYS-CON's 21st International Cloud Expo®, which will take place on Oct 31 - Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. Cedexis is the leader in data-driven enterprise global traffic management. Whether optimizing traffic through datacenters, clouds, CDNs, or any combination, Cedexis solutions drive quality and cost-effectiveness. For more information, please visit https://www.cedexis.com.
SYS-CON Events announced today that Google Cloud has been named “Keynote Sponsor” of SYS-CON's 21st International Cloud Expo®, which will take place on Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. Companies come to Google Cloud to transform their businesses. Google Cloud’s comprehensive portfolio – from infrastructure to apps to devices – helps enterprises innovate faster, scale smarter, stay secure, and do more with data than ever before.
SYS-CON Events announced today that Vivint to exhibit at SYS-CON's 21st Cloud Expo, which will take place on October 31 through November 2nd 2017 at the Santa Clara Convention Center in Santa Clara, California. As a leading smart home technology provider, Vivint offers home security, energy management, home automation, local cloud storage, and high-speed Internet solutions to more than one million customers throughout the United States and Canada. The end result is a smart home solution that sav...
SYS-CON Events announced today that Opsani will exhibit at SYS-CON's 21st International Cloud Expo®, which will take place on Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. Opsani is the leading provider of deployment automation systems for running and scaling traditional enterprise applications on container infrastructure.
SYS-CON Events announced today that Nirmata will exhibit at SYS-CON's 21st International Cloud Expo®, which will take place on Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. Nirmata provides a comprehensive platform, for deploying, operating, and optimizing containerized applications across clouds, powered by Kubernetes. Nirmata empowers enterprise DevOps teams by fully automating the complex operations and management of application containers and its underlying ...
SYS-CON Events announced today that Opsani to exhibit at SYS-CON's 21st Cloud Expo, which will take place on October 31 through November 2nd 2017 at the Santa Clara Convention Center in Santa Clara, California. Opsani is creating the next generation of automated continuous deployment tools designed specifically for containers. How is continuous deployment different from continuous integration and continuous delivery? CI/CD tools provide build and test. Continuous Deployment is the means by which...