Oracle has added new claims to its ongoing lawsuit against software rival SAP.
Oracle added copyright and breach-of-contract claims to its list of allegations against the German software vendor in an amended complaint filed Friday in the U.S. District Court in San Francisco.
"This case is about corporate theft on a grand scale," Oracle's filings state. Oracle now alleges that SAP violated its copyright by illegally downloading software and support documents. The breach of contract claim alleges that SAP violated the terms of use of Oracle's Customer Connection support site.
The amended complaint had been expected by May 18, but that deadline was pushed back. It is the latest in a series of legal maneuvers between the two companies, in their ongoing fight for dominance in the enterprise software market.
SAP plans to respond to Oracle's complaint by July 2, the company said in a statement, released Friday. "At that time, SAP will set the record straight regarding Oracle's allegations. SAP is eager to vigorously defend this case," SAP said.
The suit alleges that staff at SAP's TomorrowNow subsidiary pretended to be Oracle customers in order to gain access to the PeopleSoft and JD Edwards customer support Web site. The lawsuit charges SAP, TomorrowNow, and 50 unnamed individuals with violating fraud laws and engaging in unfair competition and civil conspiracy.
The lawsuit came out of the blue two days after Oracle had announced strong third-quarter financial results and claimed its business applications revenue was growing much faster than that of rival and market-share leader SAP. The two companies have long been bitter competitors although they also have customers in common, for instance those running SAP applications on Oracle's databases or middleware.
Oracle said it had discovered the illegal access to Customer Connection after noting periods of unusually heavy download activity from the site in late November and December 2006. The vendor claims to have found more than 10,000 unauthorized downloads of its software and support materials, which it then traced to an IP (Internet Protocol) address in Bryan, Texas, an SAP America branch office location and the headquarters of TomorrowNow.
Oracle listed customers whose identities TomorrowNow had allegedly purloined, including Honeywell International, Merck & Co. and OCE-Technologies.
Since filing the original lawsuit, Oracle has not spoken publicly about the legal action. SAP's response has been to decline comment on the lawsuit other than to commit to aggressively defend itself and TomorrowNow against Oracle's claims.
As SAP released its first-quarter fiscal results on April 20, the company's CEO Henning Kagermann was in defiant mood about the Oracle lawsuit. "We have no intention to settle; why should we?" he said. "We don't think anything is wrong in our company." Kagermann added that SAP planned to formally respond to Oracle's suit within "the next weeks."
The lawsuit raises a number of issues about the viability of the third-party software maintenance market and common practices within that sector, such as how feasible it is for competitors to provide support for their rivals' offerings. Oracle is also a player in the market, providing support for SAP's older R/3 applications through a partnership with Systime Computers since May 2006.
Some observers suggest that if TomorrowNow staff did download the content from Oracle's site, the issue might have had more to do with a lack of a clear policy from Oracle about which content customers and support specialists were entitled to access and what information was out of bounds.
- +
9 Paths to Higher Performance 10/12/2007 14:09:23
When an organization brings together talented people in a creative, collaborative environment it fosters a culture of high performance, which in turn leads to superior business resultsLike high-achieving individuals, some organizations seem to have the Midas touch. Virtually every initiative they touch earns them gold and even those that fail never seem to cost them much of anything at all - +
How to Get Real About Strategic Planning 04/02/2008 12:50:59
Everyone agrees that having a strategic plan for IT is a good thing but most CIOs approach the process with fear and loathing. In fact, the majority of CIOs (and the enterprises they work for) are faking it when it comes to strategic planning. Isn't it time we all got real?Oh, it must be nice to be the CIO of a FedEx or a GE or a Credit Suisse. Places where IT and the business are so tightly aligned you can barely tell the two apart. Where corporate leaders understand that IT is a strategic asset and support it as such
Discover how SOA can create smarter outcomes for your business.
Attend and learn:
- How SOA is helping leading companies to become more agile
- Where you should be applying SOA processes in your company
- The top SOA implementation mistakes to avoid
Click here for more information.
- +
Computerworld Live Podcast #97: The Future of Enterprise Networking 25/07/2008 09:45:36
This week CW Live chats with Mark Thompson, global sales and marketing manager for HP ProCurve, on the future of the enterprise networking. Mark discusses the trends we can expect to see in the near future and how the right infrastructure can ensure your enterprise network is secure. - +
Computerworld Live Podcast #96: Security at the Edge 11/06/2008 09:22:22
CW Live speaks with Amol Mitra, HP ProCurve Director of Marketing for Asia Pacific and Japan. Today's topic: how enterprises are starting to shift away from simply controlling security via server logins, firewalls and moving to more adaptive security frameworks. - +
Data Management Edition #10: Multi-Petascale Systems 02/05/2008 09:12:33
This week we look at sustainability and the development of multicore technologies to build multi-petascale systems. - +
IT Security Edition #11: How to poison the Storm botnet 01/05/2008 08:51:55
This week CW Live presents a case study on how to poison the notorious Storm botnet . Plus we take a look at Cisco's plans for Ironport. - +
IT Security Edition #10: Cyber-battles fought and won 24/04/2008 11:09:47
Vendors bow to end user pressure to improve product security, and we take a look at the latest concepts shaping the cyber-battlefield of the future.
Mitel Launches Simpler Unified Communications 2008-11-19 17:40:00+11
Symantec Security Products Shine in In-Depth Protection Reviews 2008-11-19 13:01:00+11
Digital Sense opens first stage of the world’s largest data centre complex in Brisbane 2008-11-19 13:00:00+11
RightNow Technologies Delivers RightNow November ’08 Plus New On Demand Enterprise Contact Centre Package 2008-11-19 12:00:00+11
Valorem uniquely deploys RSA SecurID for remote workforce management 2008-11-19 10:16:00+11
CRM your salespeople will love
Winning over the sales department and obtaining buy-in at all levels is crucial to the success of any CRM initiative. Discover how you can let salespeople work how they want to and reduce their administrative burden with the latest CRM technology.








