CA this week filed additional evidence in the software maker's US$200 million lawsuit against Rocket Software, which CA says proves Rocket stole CA source code.
CA Wednesday filed a sworn affidavit in which an "outside expert" detailed his findings that the source code in Rocket Software's DB2 Log Analysis Tool and DB2 Query Monitor are "identical or virtually identical" to copyrighted source code written years ago by CA programmers.
"The fact that all of the data labels in the source code files in Sealed Exhibit B are virtually identical eliminates any explanation for the similarity other than copying because the chances of it happening at random are astronomical," wrote Benjamin Goldberg, a professor of Computer Sciences at New York University in the affidavit. Based on his review, Goldberg concluded "beyond question that Rocket ... copied these source code files" and continues to use the code in its products, according to a CA press release.
The motion CA filed this week amends CA's original copyright infringement case against Rocket Software launched in August 2007 to include "causes of action for copyright infringement, misappropriation of a trade secret, unfair competition and unjust enrichment/restitution," according to a CA statement. The complaint now charges that Rocket "knowingly and intentionally stole from CA the source code and development environment" and used intellectual property to create many if not all of its DB2 relational database management system.
CA is seeking both a preliminary and permanent injunction that may be granted after a trial, which would bar further distribution of Rocket Software products that are based on copyrighted CA source code. Last year CA filed the lawsuit seeking US$200 million in damages, claiming that Rocket Software had hired former CA employees to develop and sell its DB2 administration products designed to manage IBM's database software.