Analysis of Oracle Software Technical Support Policies
A Legal Review of Oracle's Contract in Relation to Third-Party Software
Monday, May 09 2011
General Support Policy
The Oracle Technical Support Policies expressly and unequivocally state that Oracle support of licensed, unaltered Oracle programs [emphasis added] includes support in resolving problems that the user creates ("including problems you create"). Thus, problems that may appear to be linked to the use of third party software are not in any way excluded from the coverage of Oracle support. Oracle support and issue resolution is available as long as the user can satisfy the following conditions:
- the source code of the Oracle program has not been altered;
- the Oracle program involved is a currently supported release;
- the Oracle program involved is running on the hardware, database, and OS specified in the user’s Oracle documents.
The term "demonstrable" that introduces these conditions that must be met for obtaining support adds a further de facto condition that the user be able to demonstrate in some manner that there is a problem. For an "issue" to be "demonstrable", the user must identify the nature of the problem (i.e., that the Oracle software is not performing as expected or as it should), and the problem must be one that the user can replicate.
Reference:
Technical support is provided for issues (including problems you create) that are demonstrable in the currently supported release(s) of an Oracle licensed program, running unaltered, and on a certified hardware, database and operating system configuration, as specified in your order or program documentation.
(Oracle Software Technical Support Policies Effective Date: 31-March-2011, Page 1).
http://www.oracle.com/us/support/library/057419.pdf
What is an "Unsupported Program"?
The term "Unsupported Programs" as used in the Oracle Software Technical Support Policies document refers to unsupported Oracle software programs. The policies indicate that "unsupported programs" are not eligible to receive Oracle "updates, maintenance releases, patches, telephone assistance, or any other technical support services." The only products for which Oracle is in a position to provide those items are Oracle programs, or programs of companies that Oracle has purchased. This policy statement could not be used to justify Oracle in withdrawing purchased support for properly licensed EBS programs as a consequence of using third party software in conjunction with the EBS because it makes no reference to third party software as being part of the category of "Unsupported Programs".
The "Overview" section of the policy document also contains the following provision:
"These Technical Support Policies are subject to change at Oracle's discretion; however Oracle policy changes will not result in a material reduction in the level of the services provided for supported programs during the support period (defined below) for which fees for technical support have been paid."
In essence, Oracle is reserving the right to make unilateral modifications in its support contracts. By reserving that power, however, Oracle risks having a court hold that the contract is illusory and refuse its enforcement. In lay terms, an illusory contract is one in which one of the parties, Oracle in this case as a result of its unilateral power to change its obligations, cannot be held to its side of the bargain. To avoid invalidation of that provision as one that makes the contract illusory, Oracle is careful to note that those unilateral changes cannot result in a "material reduction in the level of services provided." Adding new grounds for total discontinuation of support would be a material reduction. Hence, the category of "Unsupported Programs" cannot be enlarged to include otherwise supported EBS installations that also utilize third party software.
Reference:
Unsupported Programs — Customers with unsupported programs are not entitled to download or receive updates, maintenance releases, patches, telephone assistance, or any other technical support services for unsupported programs. CD packs or programs purchased or downloaded for trial use, use with other supported programs, or purchased or downloaded as replacement media may not be used to update any unsupported programs.
(Oracle Software Technical Support Policies Effective Date: 31-March-2011, Page 3).
http://www.oracle.com/us/support/library/057419.pdf
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May Puzzle
David is often referred to as Rainman due to his peculiar ability to effortlessly figure out a certain date's day of the week. He recently displayed this talent when I asked him if there was a conflict with the upcoming Fuzzy Dice Conference and our weekly court-ordered community service. He asked the date of the convention. It was April 20th, 2012.
"Oh, that’s a Friday," he said, effortlessly. "And your sentences have you committed for the next few dozen Wednesdays so you'll be able to go." And of course he was right.
One day a few weeks ago I asked out loud in the office about the date June 5th. And of all people, my brother Tommy piped up and said "Oh, that's a Tuesday."
"That's right," said David.
Well how about Otcober 3rd?
"That's a Wednesday," said Tommy. Then I asked about Christmas Day 2012.
"Oh, that's a Tuesday." David nodded in agreement.
Do we now have two rainmen? Or had Tommy figured something out?
Solution
Here's what was going on. Tommy was using something called anchor dates. And these dates apply to each and every year. April 4th, or 4/4 we’ll call it from now on, June 6th or 6/6, 8/8, 10/10, 12/12, are all the same day of the week, each and every year.
So too are 5/9 and 9/5, May 9th and September 5th. So too are 7/11 and 11/7, and all the above dates are the same day of the week, as is the last day in February, Leap Year or not. And they’re all the same day as January 4th, it would otherwise be January 3rd, but this was a leap year, and that’s changes the anchor day from January 3rd to January 4th.
Tommy also knew that New Year's Day was a Sunday. He was sobered up by then. And he knew it was a Sunday because Christmas was a Sunday in 2011, so New Year's Day is a Sunday, so the Anchor Day for 2012, January 4th, has to be a Wednesday!
So if that's a Wednesday, then 4/4, 6/6, 8/8, 10/10, 12/12, 5/9, 9/5, 7/11, 11/7, and February 29th are all the same day of the week, and they're all Wednesdays. So when I ask for example, about October 3rd, he knew October 10th was a Wednesday, 10/10. So 10/3 must also be a Wednesday. 12/12 is a Wednesday in 2012, so it’s 12/26, which is two weeks later. So 12/25, or Christmas Day, must be a Tuesday.
Success Tips for Oracle Project Management
- Create a standard for documentation at the beginning of your project, and hold team members accountable for completing documentation requirements as well as keeping them at and above the standards required.
- Before promulgating user documentation or training, it’s also a good idea to choose a representative from the among the business users base to review materials first.
- If you are not sure about the resources and budget required, obtain several estimates from people that have experience with the same size and scope of your project.
- Be explicit, before beginning the project, what internal resources are required for execution. This includes people, infrastructure, hardware, and software.
- Help the project champion understand the impact your project will have on the organization and how its successful completion will make him or her an internal hero or heroine for supporting it.
- Break up your project into smaller projects (try for projects that can be completed in 4-6 months, especially early on) to get success and demonstrate momentum.
- Make sure that your testing includes reports, upstream and downstream interfaces, customizations, enhancements, and workflows.
- Ensure that comprehensive transition reports and meetings between departing and incoming personnel are completed.
- Instead of spending time and resources implementing third-party reporting, consider consolidating multiple instances, moving to a global chart of accounts (CoA), and/or standardizing on a consistent calendar.
- Include governance, risk, and compliance management as part of the project plan.
- Finally, celebrate the successes. Too many projects focus on defects, failures, or small cost over-runs without looking at the big picture and what was accomplished.
The Analyst Corner
John Van Decker, Research VP of Gartner, states:
"A single chart of accounts allows consistency in financial reporting across the enterprise by standardizing on common metrics and reporting structures, reduces dependencies on a separate financial consolidation system, and significantly reduces the costs incurred with ongoing, complex conversions and translations."
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