SAP Watch

Apr 18 2008   10:11AM GMT

TomorrowNow lawsuit update

JackDanahy Jack Danahy Profile: JackDanahy

There’s a new development afoot in the SAP-Oracle dustup over TomorrowNow–the filing of a joint Case Management Conference (CMC) Statement that stakes out SAP and Oracle’s positions in advance of the Case Management Conference that will take place on April 24, 2008, with Judge Phyllis J. Hamilton presiding.

The CMC Statement is notable for setting out Oracle’s case against Tomorrow now in a fair amount of detail. Here are excerpts from the most damning accusations:

“Defendants [SAP] have a dedicated bank of 20 “download servers” to accomplish the unauthorized taking and infringing conduct…”

“Defendants compiled a master download library of Oracle-based Software and Support Materials that exceeds five terabytes in size – so large that Defendants could not produce it for over six months…”

“Defendants have approximately 3,000 copies of Oracle software applications on their systems, each one of which may additionally have included within it illegally downloaded Software and Support Materials…”

“Virtually every one of the almost 200 TN employees had some involvement in TN’s illegal activity. Documents produced by Defendants suggest that SAP AG and SAP America employees and managers had involvement in or knowledge of TN’s infringing conduct.”

SAP won’t admit that any overt illegality took place, preferring to put the emphasis on what it considers Oracle’s misguided use of the legal process: “Oracle insists on overly broad, unnecessary discovery into what TN accessed as part of providing third party support; it should be compelled to explain how TN’s support of its former customers harmed Oracle, and to permit immediate discovery into that elusive claim.”

Whatever the case, the TomorrowNow acquisition continues to be a headache for SAP, which is unable to find a buyer for the company and has spent a lot of money on the Oracle lawsuit.

For more context, check out today’s SearchSAP story on the CMC.

Demir Barlas, Site Editor

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