Welcome!

Agile Computing Authors: Lori MacVittie, Liz McMillan, Elizabeth White, Pat Romanski, Roger Strukhoff

Related Topics: Log Management

Log Management: Article

Oracle’s SAP-HP Media Circus Confined to One Ring

Appalled at the loss of 45% of its case, Oracle asked the court for three days

Oracle’s long-festering case against SAP for stealing Oracle IP will go to trial Monday despite the monkey wrench SAP suddenly threw into Oracle’s carefully laid and inflammatory prosecution plans.

SAP Thursday capitulated and said it wouldn’t contest Oracle’s contention that SAP management knew all about and contributed to the theft of mountains of Oracle software and documentation by SAP’s now shuttered third-party maintenance subsidiary TomorrowNow.

It was the last thing Oracle wanted to hear. It told the court in a letter that it was opposed to the 11th hour concession, calling it “gamesmanship on the eve of trial” and tactically motivated after three-and-a-half years of resistance to the idea.

Appalled at the loss of 45% of its case, Oracle asked the court for three days grace to regroup and re-orchestrate what was expected to be a brilliant piece of reputation-savaging court theater conducted by its lawyer, the famous litigator David Boies.

Oracle said it would have to alter opening statements, trial arguments and themes, re-edit video, re-do graphics, revise witness outlines and change witness schedules provided the witnesses remained available, things SAP won’t have to do “because it already knew that it would concede all liability and has been planning accordingly.”

The court refused to delay.

Oracle is going to have a long and sleepless weekend.

At the same time the court also denied SAP’s week-old gag motion that would have prevented Boies, a media pet, and the other lawyers from talking to the press outside of court. Oracle will make what it can of that license.

The judge cut the original 36 hours allotted each side to 30 hours – but not the 20 hours SAP had in mind – and ordered that “evidence and argument on contributory infringement will be excluded from the trial unless admissible on the issue of damages for context.”

Oracle is evidently gonna to interpret “context” elastically.

Before the court ruled and despite SAP’s admission, Oracle said it still “must be able to demonstrate facts such as the extent of the infringement and SAP’s role in, knowledge of, and business plans regarding that infringement. These facts,” it said, “inherently relate to the fact and amount of damages appropriate in this case. In short, because of the nature of the damages proof, essentially all of the evidence that was important for liability is also relevant for damages.”

Before Thursday, SAP had admitted liability for TomorrowNow’s sins but resisted Oracle’s allegation that it was party to it.

Then it up and stipulated to what is called in legal circles “contributory copyright infringement” apparently to save its former CEO Leo Apotheker, now HP’s incoming CEO, from having to appear in court as a witness or to duck a court appearance by being conveniently out of town beyond the reach of American subpoenas.

Either way he was bound to be smeared, if not held personally liable, and the HP board along with him.

In an extraordinary show of checkbook solidarity with another company, the only reasons SAP gave for its capitulation were to stop Oracle from turning “the upcoming trial into a media circus” and Apotheker, which it called “one ancillary witness,” from “becoming a pawn in the ‘increasingly caustic rivalry between Oracle and HP.’”

“The point is not whether Mr. Apotheker should testify or whether Oracle has any standing to complain about HP’s decisions over its CEO,” it said. “The point is that Oracle plainly intends to use weeks of trial to harass its competitors, whether they are parties to the case or not. There is simply no other reason to address contributory infringement at trial, but its resolution will not affect damages by one penny.”

Hard to believe that SAP actually believed all these year that contributory infringement – which Oracle can paint anyway it likes – wouldn’t add to its bill for damages.

Since August when SAP admitted to so-called “vicarious infringement,” acknowledging that it profited from TomorrowNow’s pilfering, the trial was just supposed to be about whether SAP owes Oracle $2 billion in damages, as Oracle contends, or merely some tens of millions, as SAP would have it, but Oracle wanted to pin the crime on SAP management, particularly Apotheker, since he was named CEO of HP, taking down two competitors at the same time.

Presumably Leo will stay on Oracle’s witness list since Oracle CEO Larry Ellison has publicly attacked him in the last couple of days as personally “overseeing an industrial espionage scheme” and being “on the run” from a subpoena.

Jury selection starts Monday with opening statements to follow Tuesday.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

Comments (0)

Share your thoughts on this story.

Add your comment
You must be signed in to add a comment. Sign-in | Register

In accordance with our Comment Policy, we encourage comments that are on topic, relevant and to-the-point. We will remove comments that include profanity, personal attacks, racial slurs, threats of violence, or other inappropriate material that violates our Terms and Conditions, and will block users who make repeated violations. We ask all readers to expect diversity of opinion and to treat one another with dignity and respect.


@ThingsExpo Stories
WebRTC adoption has generated a wave of creative uses of communications and collaboration through websites, sales apps, customer care and business applications. As WebRTC has become more mainstream it has evolved to use cases beyond the original peer-to-peer case, which has led to a repeating requirement for interoperability with existing infrastructures. In his session at @ThingsExpo, Graham Holt, Executive Vice President of Daitan Group, will cover implementation examples that have enabled ea...
IoT offers a value of almost $4 trillion to the manufacturing industry through platforms that can improve margins, optimize operations & drive high performance work teams. By using IoT technologies as a foundation, manufacturing customers are integrating worker safety with manufacturing systems, driving deep collaboration and utilizing analytics to exponentially increased per-unit margins. However, as Benoit Lheureux, the VP for Research at Gartner points out, “IoT project implementers often ...
The Jevons Paradox suggests that when technological advances increase efficiency of a resource, it results in an overall increase in consumption. Writing on the increased use of coal as a result of technological improvements, 19th-century economist William Stanley Jevons found that these improvements led to the development of new ways to utilize coal. In his session at 19th Cloud Expo, Mark Thiele, Chief Strategy Officer for Apcera, will compare the Jevons Paradox to modern-day enterprise IT, e...
SYS-CON Events announced today the Enterprise IoT Bootcamp, being held November 1-2, 2016, in conjunction with 19th Cloud Expo | @ThingsExpo at the Santa Clara Convention Center in Santa Clara, CA. Combined with real-world scenarios and use cases, the Enterprise IoT Bootcamp is not just based on presentations but with hands-on demos and detailed walkthroughs. We will introduce you to a variety of real world use cases prototyped using Arduino, Raspberry Pi, BeagleBone, Spark, and Intel Edison. Y...
Complete Internet of Things (IoT) embedded device security is not just about the device but involves the entire product’s identity, data and control integrity, and services traversing the cloud. A device can no longer be looked at as an island; it is a part of a system. In fact, given the cross-domain interactions enabled by IoT it could be a part of many systems. Also, depending on where the device is deployed, for example, in the office building versus a factory floor or oil field, security ha...
Is your aging software platform suffering from technical debt while the market changes and demands new solutions at a faster clip? It’s a bold move, but you might consider walking away from your core platform and starting fresh. ReadyTalk did exactly that. In his General Session at 19th Cloud Expo, Michael Chambliss, Head of Engineering at ReadyTalk, will discuss why and how ReadyTalk diverted from healthy revenue and over a decade of audio conferencing product development to start an innovati...
Fifty billion connected devices and still no winning protocols standards. HTTP, WebSockets, MQTT, and CoAP seem to be leading in the IoT protocol race at the moment but many more protocols are getting introduced on a regular basis. Each protocol has its pros and cons depending on the nature of the communications. Does there really need to be only one protocol to rule them all? Of course not. In his session at @ThingsExpo, Chris Matthieu, co-founder and CTO of Octoblu, walk you through how Oct...
SYS-CON Events announced today that Bsquare has been named “Silver Sponsor” of SYS-CON's @ThingsExpo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. For more than two decades, Bsquare has helped its customers extract business value from a broad array of physical assets by making them intelligent, connecting them, and using the data they generate to optimize business processes.
Identity is in everything and customers are looking to their providers to ensure the security of their identities, transactions and data. With the increased reliance on cloud-based services, service providers must build security and trust into their offerings, adding value to customers and improving the user experience. Making identity, security and privacy easy for customers provides a unique advantage over the competition.
There are several IoTs: the Industrial Internet, Consumer Wearables, Wearables and Healthcare, Supply Chains, and the movement toward Smart Grids, Cities, Regions, and Nations. There are competing communications standards every step of the way, a bewildering array of sensors and devices, and an entire world of competing data analytics platforms. To some this appears to be chaos. In this power panel at @ThingsExpo, moderated by Conference Chair Roger Strukhoff, Bradley Holt, Developer Advocate a...
If you’re responsible for an application that depends on the data or functionality of various IoT endpoints – either sensors or devices – your brand reputation depends on the security, reliability, and compliance of its many integrated parts. If your application fails to deliver the expected business results, your customers and partners won't care if that failure stems from the code you developed or from a component that you integrated. What can you do to ensure that the endpoints work as expect...
So, you bought into the current machine learning craze and went on to collect millions/billions of records from this promising new data source. Now, what do you do with them? Too often, the abundance of data quickly turns into an abundance of problems. How do you extract that "magic essence" from your data without falling into the common pitfalls? In her session at @ThingsExpo, Natalia Ponomareva, Software Engineer at Google, provided tips on how to be successful in large scale machine learning...
In his general session at 18th Cloud Expo, Lee Atchison, Principal Cloud Architect and Advocate at New Relic, discussed cloud as a ‘better data center’ and how it adds new capacity (faster) and improves application availability (redundancy). The cloud is a ‘Dynamic Tool for Dynamic Apps’ and resource allocation is an integral part of your application architecture, so use only the resources you need and allocate /de-allocate resources on the fly.
If you had a chance to enter on the ground level of the largest e-commerce market in the world – would you? China is the world’s most populated country with the second largest economy and the world’s fastest growing market. It is estimated that by 2018 the Chinese market will be reaching over $30 billion in gaming revenue alone. Admittedly for a foreign company, doing business in China can be challenging. Often changing laws, administrative regulations and the often inscrutable Chinese Interne...
Enterprise IT has been in the era of Hybrid Cloud for some time now. But it seems most conversations about Hybrid are focused on integrating AWS, Microsoft Azure, or Google ECM into existing on-premises systems. Where is all the Private Cloud? What do technology providers need to do to make their offerings more compelling? How should enterprise IT executives and buyers define their focus, needs, and roadmap, and communicate that clearly to the providers?
SYS-CON Events announced today that Commvault, a global leader in enterprise data protection and information management, has been named “Bronze Sponsor” of SYS-CON's 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Commvault is a leading provider of data protection and information management solutions, helping companies worldwide activate their data to drive more value and business insight and to transform moder...
The many IoT deployments around the world are busy integrating smart devices and sensors into their enterprise IT infrastructures. Yet all of this technology – and there are an amazing number of choices – is of no use without the software to gather, communicate, and analyze the new data flows. Without software, there is no IT. In this power panel at @ThingsExpo, moderated by Conference Chair Roger Strukhoff, panelists will look at the protocols that communicate data and the emerging data analy...
Digital innovation is the next big wave of business transformation based on digital technologies of which IoT and Big Data are key components, For example: Business boundary innovation is a challenge to excavate third-party business value using IoT and BigData, like Nest Business structure innovation may propose re-building business structure from scratch, as Uber does in the taxicab industry The social model innovation is also a big challenge to the new social architecture with the design fr...
Data is an unusual currency; it is not restricted by the same transactional limitations as money or people. In fact, the more that you leverage your data across multiple business use cases, the more valuable it becomes to the organization. And the same can be said about the organization’s analytics. In his session at 19th Cloud Expo, Bill Schmarzo, CTO for the Big Data Practice at EMC, will introduce a methodology for capturing, enriching and sharing data (and analytics) across the organizati...
There is little doubt that Big Data solutions will have an increasing role in the Enterprise IT mainstream over time. Big Data at Cloud Expo - to be held November 1-3, 2016, at the Santa Clara Convention Center in Santa Clara, CA - has announced its Call for Papers is open. Cloud computing is being adopted in one form or another by 94% of enterprises today. Tens of billions of new devices are being connected to The Internet of Things. And Big Data is driving this bus. An exponential increase is...