A document filed last week by SAP indicates there may be no quick settlement to its rancorous legal entanglement with rival enterprise software maker Oracle, even though SAP admits that some of Oracle's claims about its former subsidiary TomorrowNow are true.
In its lengthy response to Oracle's even more voluminous third amended complaint in the case, SAP concedes some Oracle claims but overall denies liability and demands a jury trial. A judge has already set a February 2010 date for such a proceeding.
Oracle filed suit SAP in March 2007, charging that workers at SAP's now-shuttered subsidiary TomorrowNow, a provider of support for Oracle's PeopleSoft, J.D. Edwards and Siebel applications, had illegally downloaded material from Oracle's support systems and used them to court Oracle customers.
Oracle has also claimed that with the knowledge of SAP's executive board, SAP workers "made thousands of copies of Oracle's underlying software applications on its computer systems," and that SAP used Oracle's code for training, customer service and "generally to support a business model that was illegal to its core."
SAP's alleged behavior amounted to "corporate theft on the grandest scale," Oracle has said.
Meanwhile, SAP has acknowledged that TomorrowNow staff members made some "inappropriate downloads" from Oracle's Web site, and that Oracle's software remained in TomorrowNow's systems. SAP has also strongly rejected Oracle's claims of a broader pattern of wrongdoing.
SAP restated its overall position in the most recent filing. "Because Plaintiffs have publicly admitted that TN had the right, in some instances, to access Plaintiffs' computers and use the Software and Support Materials therein, this case (once parsed of Plaintiffs' rhetoric) is simply about whether [TomorrowNow] exceeded its rights to access Plaintiffs' computers, whether that harmed Plaintiffs, and, if so, by how much," one passage reads.
"Plaintiffs rely on snippets and excerpts of documents to construct a tale of intrigue, when the truth is far simpler, though less exciting -- SAP bought TN with the hope that providing [Oracle] customers a choice in maintenance might give them the time to consider alternative, and better, enterprise software," another section states.
But SAP's filing also confirms some Oracle claims.
"Defendants admit that TN, on behalf of its customers, has downloaded and stored a large quantity of Software and Support Materials, further admit that downloads occurred of materials as to which TN did not have confirmation that the customer in whose name the downloads were being conducted had rights to such materials, and further admit that TN used those materials for customer support," one passage reads.
SAP also admitted that a "business case" it had prepared prior to the purchase of TomorrowNow in 2005 predicted "likely legal action" from Oracle. But SAP denied other allegations in that particular claim, such as "the presentation made clear that TomorrowNow did not operate legally."
In another claim, Oracle alleged that SAP "wrongly predicted Oracle would not sue" and that the TomorrowNow business case stated that "Oracle's legal challenges to TomorrowNow's ability to provide derivative works/support will require Oracle to also sue its customers -- a difficult situation for Oracle."
In responding to that claim, SAP admitted that the paragraph in question "partially quotes various documents" but otherwise denied the allegations, in a pattern that continues through its filing.
SAP also admitted that before a "figurative 'firewall'" was put in place between TomorrowNow and SAP, "a TN employee provided access to a few files containing 'Oracle' materials to a few employees at SAP." But SAP added that it had "admitted that fact in their initial discovery responses in this case well over a year ago."
Both Oracle and SAP declined to comment on SAP's latest filing.
A potentially key event in the case is set to occur on Feb. 23, when the parties will meet for a settlement conference. A judge has ordered SAP and Oracle to provide proposals that include specific dollar amounts for a settlement before that date.
Latest on CRM
- CRM prominent on Google Apps marketplace
- Microsoft opening CRM app store
- AGL hit by IT systems outage
- Is Software AG a good fit for SAP?
- Wesfarmers insurance modernises with private cloud
- Oracle buys IP assets of marketing automation vendor
- What Sybase customers should expect from SAP
- Epicor aims at manufacturers with new SaaS app
- Microsoft exec: We and users win with cloud
- NetSuite hooks up with Amazon's storage cloud
Software Essentials
- Ballmer: Yahoo acquisition won't happen
- Sun is a software company, new top shareholder says
- Forecast has Office, Vista going in opposite directions
- Interview with The Pirate Bay founder
- The future of software testing
- Bill Gates predicts software revolution
- 'Warez' software pirate sentenced to probation
- Mobile app development moves beyond CRM, but slowly
- Tibco backing Microsoft Silverlight
- Most top banks already using virtualization
- WebSphere Solution Design (S20) - CBD, contract role3/09/2010
Other
I.T. & T
WebSphere Solution Design (S20) - CBD, contract role - Solution Architect - Web Application Architecture Project!3/09/2010
Other
I.T. & T
Solution Architect to provide strategic and operational consulting for the end-to-end Web Application System project! Experienced with J2EE or .NET?! - Principal Consultant - ITIL2/09/2010
Other
I.T. & T
Excellent opportunity for an experienced ITIL Principal Consultant to join an innovative leading IT Service management consultancy. Attractive packag - Mainframe Developer - COBOL - 12 Month Contract2/09/2010
Other
I.T. & T
Mainframe Developer - COBOL - 12 Month Contract - Business Systems Analyst2/09/2010
Other
I.T. & T
Perm CBD based role for an experienced Business Systems Analyst - Senior SAP Project Manager2/09/2010
Other
I.T. & T
Senior SAP Project Manager - SAP FICO Consultant - 6 week contract - West Sydney2/09/2010
Other
I.T. & T
SAP FICO Consultant - 6 week contract - West Sydney
TechWorld Blogs
Recent blog posts
- Windows Phone 7: how big can it get?
- NBN gets a turn at political football
- Internet filter gets caught up in politics
- TechWorld Forums goes live
- Selective sourcing the hybrid of cloud services
- Social networks catch more business attention
- RIP Kin
- Telstra’s copper and NBN’s fibre: will the two ends meet?
- RIP Windows 2000, XP lives on
- Does the world need another iPhone? Why not
Recent comments
- java development
12 hours 52 min ago - When mine called they
13 hours 36 min ago - 3D TV cannot fall - no way! Why?
16 hours 49 min ago - Thanks for taking the time to
1 day 5 hours ago - Windows scam
1 day 12 hours ago - My only anti fraud method is
2 days 7 hours ago - Private Cloud Taxonomies
2 days 7 hours ago - ...however...
2 days 16 hours ago - This Guy
2 days 16 hours ago - Glasses Free technology
2 days 17 hours ago - FOSS community
3 days 27 min ago - i have dv6000 with nvidia
3 days 1 hour ago - i have dv6000 and suddenly
3 days 1 hour ago - This is an awesome comment.
3 days 5 hours ago - Real Estate
3 days 7 hours ago - Scam - eventvwr scammers
3 days 12 hours ago - Well I never...
5 days 2 hours ago - Too bad Microsoft was mentioned
5 days 4 hours ago - Phone card is a better option to make calls at a lower rate
5 days 8 hours ago - In other words: "Developers,
5 days 14 hours ago










Comments
Post new comment