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.

Once again Java tops C as the number one sought after programming language on the internet.  According TIOBE Programming Community Index for February 2013 and five search engines: Google, Bing, Yahoo!, Wikipedia, Amazon, YouTube and Baidu, Java regained its position after being bumped by C in May 2012.

Despite the recent urging by the U.S. Department of Homeland Security of computer users to disable or uninstall Java due to a flaw in Runtime Environment (JRE) 7, Java, has increased its market share of all languages by (+2.03%) in the past six months. The jump in Java’s popularity does not come as a surprise as the Android OS claims massive success in the mobile space.  The top twelve programming languages listed in the index are:

1.  Java
2.  C
3.  Objective-C 
4.  C++
5.  C#
6.  PHP
7.  Python
8.  (Visual) Basic
9.  Perl
10.  Ruby
11. Java Script
12. Visual Basic.NET

Also rising, Python and PHP which are competing to becoming the most popular interpreted language.

The consulting industry is fiercely competitive and nets between $130B and $150B a year. In fact, professional consultants earn more money than many lawyers, doctors and other professionals. 

Offering free consultations is a common way for a software consultant to seize new accounts. But is there a red flag where a consultant may be giving away too many services for free? The worst scenario for a professional software consultant is to offer free services to the client and then never hear from them again once they no longer need their help. 

Although having the best intentions, many people will waste a consultant's time (i.e., client ignores or rejects any suggested approaches or solutions given by the consultant and seek the services of someone who will do it cheaper or will attempt to do it themselves). Small business owners especially can be challenging to work with. Some clients have a tendency to jump into projects before having adequate resources to finish what they have started, decide to go in a different direction midstream, while others simply don't want to spend any money when getting professional services. It's hard to believe, but some clients actually expect to receive free services for life. To counteract this notion, a software consultant can draw the line by offering free services within a promotional time frame and then begin charging a fee for services rendered after that time.

A good indicator of what a client's true intentions are is to monitor their activity within a specified period to see if their consultation activity bears fruit in the form of a contract. One big red flag is non-commitment on the part of the client. If they seem indecisive or vague about what they want it may be time to move on. Although there are times when a free consultation results in a paying client years later, who can wait that long? 

Less of Your Time is Wasted When You're Upfront

After being burned, some professional software consultants no longer give free consulting. They find that clients are much more willing to follow their advice when they have paid something. In order to close an account, a happy medium can be agreed upon by both parties involved as a way to build a long term relationship with highly qualified prospects. 

A software consultant's work, knowledge, skills and time are valuable. They can offer a potential client general solutions instead of addressing specific challenges. If a specific topic of discussion, troubleshooting session or other issue needs to be addressed, the consultant can inform the client of any upfront costs to receive a particular service if they need further assistance. Really, a free software consultation (if one is given) should be presented in a very similar way someone would hand out samples of a product at a grocery store. A professional consultant ideally wants clients to see how they can benefit using their services on a trial basis with a pitch leading to more extensive services which would only be available if they sign a contract with their firm. 

 Red Flags

The innovators in technology have long paved the way for greater social advancement. No one can dispute the fact that the impact of Bill Gates and Microsoft will be far reaching for many years to come. The question is whether or not Microsoft will be able to adapt and thrive in emerging markets. The fact that Microsoft enjoys four decades of establishment also makes it difficult to make major changes without alienating the 1.5 billion Windows users.

This was apparent with the release of Windows 8. Windows users had come to expect a certain amount of consistency from their applications. The Metro tile, touch screen interface left a lot to be desired for enough people that Microsoft eventually more thoroughly implemented an older desktop view minus a traditional Start menu.

The app focused Windows 8 was supposed to be a step towards a greater integration of Cloud technology. In recent years, Microsoft lagged behind its competitors in getting established in new technologies. That includes the billions of dollars the emerging mobile market offered and Cloud computing.

Amazon was the first powerhouse to really establish themselves in the Cloud technology market. Google, Microsoft, and smaller parties are all playing catch up to take a piece of the Cloud pie. More and more businesses are embracing Cloud technology as a way to minimize their equipment and software expenses. While it does take a bit for older businesses to get onboard with such a change, start ups are looking at Cloud computing as an essential part of their business.

But what does that mean for Microsoft? Decisions were made to help update the four decade old Microsoft to the "always on" world we currently live in. Instead of operating in project "silos", different departments were brought together under more generalized headings where they could work closer with one another. Electronic delivery of software, including through Cloud tech, puts Microsoft in the position of needing to meet a pace that is very different from Gates’ early days.

The seriousness of their desire to compete with the likes of Amazon is their pricing matching on Cloud infrastructure services. Microsoft is not a company that has traditionally offered price cuts to compete with others. The fact that they have greatly reduced rates on getting infrastructure set up paves the way for more business users of their Cloud-based apps like Microsoft Office. Inexpensive solutions and free applications open the doors for Microsoft to initiate more sales of other products to their clients.

Former CEO Steve Ballmer recognized there was a need for Microsoft to change directions to remain competitive. In February 2014, he stepped down as CEO stating that the CEO needed to be there through all stages of Microsoft's transition in these more competitive markets. And the former role of his chosen successor, Mr. Satya Nadella? Head of Microsoft's Cloud services division.

Microsoft may not always catch the initial burst of a new development in their space; but they regularly adapt and drive forward. The leadership of Microsoft is clearly thinking forward in what they want to accomplish as sales of PCs have stayed on a continuous decline. It should come as no surprise that Microsoft will embrace this new direction and push towards a greater market share against the likes of Amazon and Google.

Related:

Who Are the Main Players in Big Data?

Is Cloud Computing Safe for Your Business?

Is The Grass Greener in Mobile App Development?