Oracle audit consulting (Oracle License Review)

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The process of an Oracle audit

Oracle sends a notification letter and then intends to begin collecting data. The process culminates in a final report. According to the license agreement, any sublicensing issues must be resolved within 30 days. Is this legal?

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What are the triggers for an Oracle audit?

New IT infrastructure, mergers and acquisitions, contract terminations, virtualization, and many others. What was it for you?

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ProLicense: Your partner

ProLicense guides you through the entire audit process—from responding to the initial letter to negotiating the final report. We protect your rights and defend against unjustified claims. What stage are you currently in?

What is an Oracle audit?

Oracle uses audits to protect its intellectual property. License agreements typically include a clause granting Oracle the right to verify that all products in use are properly licensed. If this is not the case, it constitutes a copyright infringement, carrying the risk of substantial back payments.

Oracle conducts audits not only on its own but also through a network of so-called GLAS partners (Global License Management Service, formerly Oracle LMS). Through this partner strategy, Oracle has significantly increased the number of audits in recent years.

Defending against an Oracle audit – negotiating on equal footing

An Oracle audit is not a neutral review, but a negotiation: Oracle comes equipped with seasoned licensing specialists and technicians who know where to look and how to interpret results in their favor. The goal is always to generate new revenue. Anyone facing this without equivalent expertise will come up short.

We’ll work with you to build a powerful software audit response team that actively manages every step, ensuring you consistently protect your rights and achieve the best possible outcome.

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“Our consultants are familiar with Oracle audits from both sides. They know how Oracle operates and how to best handle an audit.”
Markus Oberg, Oracle audit expert, with ProLicense since 2013

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Our Oracle audit consultingservices

We guide you through the entire process—from the initial notice to the final agreement:

Establishing and coordinating your software audit response team
Determining the optimal audit strategy for your situation
Support with current status assessments and data collection—where do you really stand before Oracle finds out?
Interpreting and evaluating all data from a licensing perspective
Review and negotiation of the Oracle final report
Consistent protection of your rights at every stage

How does an Oracle audit work?

An Oracle audit involves technical, licensing, legal, and strategic issues all at once. ProLicense provides you with a team that covers all these areas:

Experienced legal professionals
Technical specialists
Professional negotiators

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Phase 1

Announcement of the audit

An audit begins with a formal letter known as the notification letter. Your response to it alone can influence how the audit proceeds: If you agree too quickly, reveal too much, or are unaware of your rights, you’ll put yourself at a disadvantage before the audit has even really begun.

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Phase 2

Data collection: Setting the course

The notification letter is followed by the first phone call with Oracle GLAS, during which action items are agreed upon. You will then likely submit your contract documents, install audit scripts, and send them—along with the infrastructure document (OSW = Oracle Server Worksheet)—to Oracle. This is where the first critical mistakes occur: Do you know your rights, and do you understand what you’re actually obligated to do?

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Phase 3

Data analysis using Oracle GLAS: The most dangerous phase

Oracle analyzes the script data and OSW and prepares a preliminary final report, on which you can provide feedback. If the final report identifies underlicensing, Oracle sales will step in with specific requests for additional purchases. The amount of your bill will depend largely on your response and your actions during Phase 2.

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Phase 4

Elimination of sublicensing

If Oracle detects sublicensing, you risk having to purchase licenses retroactively at great expense, pay for retroactive support, and be subject to unfavorable contract terms. Many give up at this point—a mistake! Even now, with the right strategy and the necessary expertise, there is still room to maneuver that you can take advantage of.

Your benefits with ProLicense

	Without ProLicense	With ProLicense
Response to notification letter	Unprepared, disclosed too much	Controlled, strategic
Data collection	Provided more than necessary	Only what was necessary
Statement on the final report	Poorly prepared	Well-founded and strategic
Negotiation	Oracle calls the shots	On equal footing

Have you received a notification letter?

Get in touch with us

With these 5 steps, ProLicense guides you through an Oracle audit

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Step 1

Structure of the SAR team

The crucial first step: Together, we’ll assemble your software audit response team. An audit requires expertise across multiple disciplines simultaneously. ProLicense coordinates the right specialists so that Oracle encounters a unified, professionally informed client from the very beginning.

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Step 2

Data collection

Before you submit anything to Oracle, you need to know exactly what is running in your environment. We support you and your database administrators in gathering all necessary data and selecting the right tools. However, you should only submit to Oracle the data that is required, for example, under the audit clause. No more, no less.

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Step 3

Data analysis and interpretation

Raw data alone is of little use. What matters is its significance. We translate the technical analysis into insights relevant to licensing law.

“You need to have a precise understanding of your usage before Oracle knows your data or before you provide data to Oracle. That is the crucial information advantage we give you.” — Markus Oberg, Oracle audit expert, with ProLicense since 2013

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Step 4

Strategy

Based on this analysis, we’ll develop your customized audit strategy: How will you respond to the preliminary final report? Which items are negotiable? Where can you secure your rights and leeway? This will help you regain control and take a proactive—rather than reactive—approach toward Oracle.

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Step 5

Negotiation

Our legal counsel speaks the opposing party’s language when it comes to licensing law and safeguards your position. If necessary, we bring in a specialized outside attorney to strengthen our team. Upon request, a professional negotiator will conduct discussions with Oracle in your presence. You decide on the scope of our support.

Oracle Friendly Audit – your dress rehearsal for the real thing

If you want to know what a real Oracle audit is like, you don’t have to wait. The Friendly Audit Service simulates an internal audit under real Oracle conditions: You’ll see your actual licensing situation, get to know the entire process, and afterward know exactly what to expect in a real audit and where your vulnerabilities lie.

This goes significantly deeper than an Oracle health check. Since ProLicense is not an Oracle partner, no information is shared with Oracle. The process is conducted entirely in-house and under your control.

since

2009

We have been assisting our clients with audits since 2009.

100

We are not an Oracle partner and guarantee 100% confidentiality.

100

We have supported over 100 audits since 2009.

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We're here for you!

info@prolicense.com +49 (0) 40-228 6828-0 Schedule an appointment

Has an Oracle audit been announced? Take action now.

The sooner you bring ProLicense on board, the stronger your negotiating position will be during an Oracle audit.
We’ll analyze your situation, explain your options, and guide you from the first notification letter through to the conclusion of the process.

Schedule an initial consultation more about us

FAQ

1.Do I have to respond to a letter from Oracle?

No, there is no legal obligation to respond immediately to a letter from Oracle. Many companies respond instinctively, thereby worsening their position before the Oracle audit has even begun. At ProLicense, we are happy to offer you professional advice BEFORE you respond to any Oracle notification letter.

2.Do I have to agree to discussions with Oracle?

No. there is no legal obligation here either. If you go into the initial discussions unprepared, it could unnecessarily weaken your position during the audit.

3.Do I have to sign a “Declaration of Non-Usage” with Oracle?

No, signing a “Declaration of Non-Usage” is not a legal requirement. Before you sign such a document, you should fully understand the implications it has for your Oracle license status. At ProLicense, we always assess whether and in what form signing such a declaration makes sense.

4.Can Oracle just audit me?

Not automatically. Oracle has the contractual right to conduct an Oracle audit only if a relevant agreement—such as an OMA (Oracle Master Agreement)—explicitly provides for it.

An Oracle audit right exists only on the basis of a valid clause in the OMA (Oracle Master Agreement). However, many Oracle standard clauses do not withstand scrutiny under German law governing standard terms and conditions and are therefore invalid. In addition, German copyright law (UrhG) imposes strict limits on the right to audit, thereby significantly raising the bar for a lawful audit. In this regard, Oracle bears the full burden of proof for a valid basis of claim. We safeguard the client’s rights during the audit.

5.Can Oracle sue me?

Theoretically, yes, but in practice this is very difficult to enforce. Oracle would have to prove the actual use of the software, which is virtually impossible without your active cooperation.

Important: Simply downloading Oracle software does not in itself create a licensing obligation. Feel free to contact ProLicense for professional advice on this matter.

6.Can Oracle sue me in California?

Courts in California generally do not have jurisdiction if your company does not have a branch there. Even if Oracle were to pursue this course of action, local courts would have to recognize a California judgment, which is virtually unenforceable in practice. In such a scenario, be sure to seek advice from a specialized attorney.

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1Do I have to respond to a letter from Oracle?

2Do I have to agree to discussions with Oracle?

3Do I have to sign a “Declaration of Non-Usage” with Oracle?

4Can Oracle just audit me?

5Can Oracle sue me?

6Can Oracle sue me in California?