The legal tussle between business software titans Oracle and
SAP has intensified, with Oracle accusing its archrival of stealing copies of
Oracle’s actual software applications.
In a court document filed April 17, Oracle says it has
discovered a pattern of unlawful conduct on SAP’s part that is even more serious
than the mass downloading of support materials initially at the heart of the
dispute.
“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,” Oracle
said in the court filing,
known as a joint case management conference statement.
SAP responded in the court filing that Oracle is using
hyperbole in the case, which centers on the actions of SAP subsidiary
TomorrowNow.
“TomorrowNow’s customers are entitled to use their
Oracle-licensed software and materials properly obtained from Oracle’s Web site
to maintain that software. TomorrowNow performs that maintenance service for its
customers, allowing them to focus their personnel on their core business,” SAP
said. “It should be no surprise to anyone, including Oracle, that TomorrowNow
has accessed Oracle software in providing support to users of that
software.”
SAP also fired its own salvo at Oracle in the filing, saying
Oracle has failed to produce complete customer licenses more than a year after
claiming those licenses were violated.
The dispute
between the biggest makers of human resource software dates to March 2007.
Redwood Shores, California-based Oracle sued Germany-based SAP in U.S. District
Court in the Northern District of California, alleging SAP had “stolen thousands
of proprietary, copyrighted software products and other confidential materials
that Oracle developed to service its own support customers.”
SAP said TomorrowNow was authorized to download materials
from Oracle’s Web site on behalf of TomorrowNow customers, but acknowledged
“some inappropriate downloads.”
Late last year, SAP said that
several senior managers of TomorrowNow, including the unit’s CEO, had resigned
.
SAP also said it is considering several options for the future of the
TomorrowNow business, including a possible sale.
The legal bickering between the two companies could go on for
some time. According to the court filing Thursday, the two sides agree that the
trial date for the case should be postponed from February 2009 to February
2010.
—Ed Frauenheim