|By Maureen O'Gara||
|October 30, 2010 04:00 PM EDT||
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.
The Internet of Things is not new. Historically, smart businesses have used its basic concept of leveraging data to drive better decision making and have capitalized on those insights to realize additional revenue opportunities. So, what has changed to make the Internet of Things one of the hottest topics in tech? In his session at @ThingsExpo, Chris Gray, Director, Embedded and Internet of Things, discussed the underlying factors that are driving the economics of intelligent systems. Discover how hardware commoditization, the ubiquitous nature of connectivity, and the emergence of Big Data a...
May. 30, 2015 04:00 PM EDT Reads: 6,931
Health care systems across the globe are under enormous strain, as facilities reach capacity and costs continue to rise. M2M and the Internet of Things have the potential to transform the industry through connected health solutions that can make care more efficient while reducing costs. In fact, Vodafone's annual M2M Barometer Report forecasts M2M applications rising to 57 percent in health care and life sciences by 2016. Lively is one of Vodafone's health care partners, whose solutions enable older adults to live independent lives while staying connected to loved ones. M2M will continue to gr...
May. 30, 2015 03:45 PM EDT Reads: 2,581
SYS-CON Events announced today that MetraTech, now part of Ericsson, has been named “Silver Sponsor” of SYS-CON's 16th International Cloud Expo®, which will take place on June 9–11, 2015, at the Javits Center in New York, NY. Ericsson is the driving force behind the Networked Society- a world leader in communications infrastructure, software and services. Some 40% of the world’s mobile traffic runs through networks Ericsson has supplied, serving more than 2.5 billion subscribers.
May. 30, 2015 02:00 PM EDT Reads: 2,616
Explosive growth in connected devices. Enormous amounts of data for collection and analysis. Critical use of data for split-second decision making and actionable information. All three are factors in making the Internet of Things a reality. Yet, any one factor would have an IT organization pondering its infrastructure strategy. How should your organization enhance its IT framework to enable an Internet of Things implementation? In this session, James Kirkland, Red Hat's Chief Architect for the Internet of Things and Intelligent Systems, will describe how to revolutionize your architecture and...
May. 30, 2015 01:00 PM EDT Reads: 1,152
The 4th International Internet of @ThingsExpo, co-located with the 17th International Cloud Expo - to be held November 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA - announces that its Call for Papers is open. The Internet of Things (IoT) is the biggest idea since the creation of the Worldwide Web more than 20 years ago.
May. 30, 2015 12:00 PM EDT Reads: 2,760
The enterprise market will drive IoT device adoption over the next five years. In his session at @ThingsExpo, John Greenough, an analyst at BI Intelligence, division of Business Insider, will analyze how companies will adopt IoT products and the associated cost of adopting those products. John Greenough is the lead analyst covering the Internet of Things for BI Intelligence- Business Insider’s paid research service. Numerous IoT companies have cited his analysis of the IoT. Prior to joining BI Intelligence, he worked analyzing bank technology for Corporate Insight and The Clearing House Pay...
May. 30, 2015 11:45 AM EDT Reads: 1,014
As the Internet of Things unfolds, mobile and wearable devices are blurring the line between physical and digital, integrating ever more closely with our interests, our routines, our daily lives. Contextual computing and smart, sensor-equipped spaces bring the potential to walk through a world that recognizes us and responds accordingly. We become continuous transmitters and receivers of data. In his session at @ThingsExpo, Andrew Bolwell, Director of Innovation for HP's Printing and Personal Systems Group, discussed how key attributes of mobile technology – touch input, sensors, social, and ...
May. 30, 2015 11:30 AM EDT Reads: 4,600
All major researchers estimate there will be tens of billions devices - computers, smartphones, tablets, and sensors - connected to the Internet by 2020. This number will continue to grow at a rapid pace for the next several decades. With major technology companies and startups seriously embracing IoT strategies, now is the perfect time to attend @ThingsExpo, June 9-11, 2015, at the Javits Center in New York City. Learn what is going on, contribute to the discussions, and ensure that your enterprise is as "IoT-Ready" as it can be
May. 30, 2015 11:15 AM EDT Reads: 3,218
SYS-CON Events announced today that BMC will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. BMC delivers software solutions that help IT transform digital enterprises for the ultimate competitive business advantage. BMC has worked with thousands of leading companies to create and deliver powerful IT management services. From mainframe to cloud to mobile, BMC pairs high-speed digital innovation with robust IT industrialization – allowing customers to provide amazing user experiences with optimized IT per...
May. 30, 2015 11:15 AM EDT Reads: 1,942
The world is at a tipping point where the technology, the device and global adoption are converging to such a point that we will see an explosion of a world where smartphone devices not only allow us to talk to each other, but allow for communication between everything – serving as a central hub from which we control our world – MediaTek is at the heart of both driving this and allowing the markets to drive this reality forward themselves. The next wave of consumer gadgets is here – smart, connected, and small. If your ambitions are big, so are ours. In his session at @ThingsExpo, Jack Hu, D...
May. 30, 2015 11:15 AM EDT Reads: 1,466
The multi-trillion economic opportunity around the "Internet of Things" (IoT) is emerging as the hottest topic for investors in 2015. As we connect the physical world with information technology, data from actions, processes and the environment can increase sales, improve efficiencies, automate daily activities and minimize risk. In his session at @ThingsExpo, Ed Maguire, Senior Analyst at CLSA Americas, will describe what is new and different about IoT, explore financial, technological and real-world impact across consumer and business use cases. Why now? Significant corporate and venture...
May. 30, 2015 11:00 AM EDT Reads: 1,172
Today’s enterprise is being driven by disruptive competitive and human capital requirements to provide enterprise application access through not only desktops, but also mobile devices. To retrofit existing programs across all these devices using traditional programming methods is very costly and time consuming – often prohibitively so. In his session at @ThingsExpo, Jesse Shiah, CEO, President, and Co-Founder of AgilePoint Inc., discussed how you can create applications that run on all mobile devices as well as laptops and desktops using a visual drag-and-drop application – and eForms-buildi...
May. 30, 2015 11:00 AM EDT Reads: 5,946
The Internet of Things is not only adding billions of sensors and billions of terabytes to the Internet. It is also forcing a fundamental change in the way we envision Information Technology. For the first time, more data is being created by devices at the edge of the Internet rather than from centralized systems. What does this mean for today's IT professional? In this Power Panel at @ThingsExpo, moderated by Conference Chair Roger Strukhoff, panelists will addresses this very serious issue of profound change in the industry.
May. 30, 2015 11:00 AM EDT Reads: 1,763
"People are a lot more knowledgeable about APIs now. There are two types of people who work with APIs - IT people who want to use APIs for something internal and the product managers who want to do something outside APIs for people to connect to them," explained Roberto Medrano, Executive Vice President at SOA Software, in this SYS-CON.tv interview at Cloud Expo, held Nov 4–6, 2014, at the Santa Clara Convention Center in Santa Clara, CA.
May. 30, 2015 10:30 AM EDT Reads: 4,930
WebRTC defines no default signaling protocol, causing fragmentation between WebRTC silos. SIP and XMPP provide possibilities, but come with considerable complexity and are not designed for use in a web environment. In his session at @ThingsExpo, Matthew Hodgson, technical co-founder of the Matrix.org, discussed how Matrix is a new non-profit Open Source Project that defines both a new HTTP-based standard for VoIP & IM signaling and provides reference implementations.
May. 30, 2015 10:30 AM EDT Reads: 5,737
SYS-CON Events announced today that O'Reilly Media has been named “Media Sponsor” of SYS-CON's 16th International Cloud Expo®, which will take place on June 9–11, 2015, at the Javits Center in New York City, NY. O'Reilly Media spreads the knowledge of innovators through its books, online services, magazines, and conferences. Since 1978, O'Reilly Media has been a chronicler and catalyst of cutting-edge development, homing in on the technology trends that really matter and spurring their adoption by amplifying "faint signals" from the alpha geeks who are creating the future. An active participa...
May. 30, 2015 10:30 AM EDT Reads: 1,557
There will be 150 billion connected devices by 2020. New digital businesses have already disrupted value chains across every industry. APIs are at the center of the digital business. You need to understand what assets you have that can be exposed digitally, what their digital value chain is, and how to create an effective business model around that value chain to compete in this economy. No enterprise can be complacent and not engage in the digital economy. Learn how to be the disruptor and not the disruptee.
May. 30, 2015 10:15 AM EDT Reads: 1,281
2015 predictions circa 1970: houses anticipate our needs and adapt, city infrastructure is citizen and situation aware, office buildings identify and preprocess you. Today smart buildings have no such collective conscience, no shared set of fundamental services to identify, predict and synchronize around us. LiveSpace and M2Mi are changing that. LiveSpace Smart Environment devices deliver over the M2Mi IoT Platform real time presence, awareness and intent analytics as a service to local connected devices. In her session at @ThingsExpo, Sarah Cooper, VP Business of Development at M2Mi, will d...
May. 30, 2015 10:00 AM EDT Reads: 1,280
Thanks to widespread Internet adoption and more than 10 billion connected devices around the world, companies became more excited than ever about the Internet of Things in 2014. Add in the hype around Google Glass and the Nest Thermostat, and nearly every business, including those from traditionally low-tech industries, wanted in. But despite the buzz, some very real business questions emerged – mainly, not if a device can be connected, or even when, but why? Why does connecting to the cloud create greater value for the user? Why do connected features improve the overall experience? And why do...
May. 30, 2015 09:45 AM EDT Reads: 1,386
Almost everyone sees the potential of Internet of Things but how can businesses truly unlock that potential. The key will be in the ability to discover business insight in the midst of an ocean of Big Data generated from billions of embedded devices via Systems of Discover. Businesses will also need to ensure that they can sustain that insight by leveraging the cloud for global reach, scale and elasticity.
May. 30, 2015 09:30 AM EDT Reads: 7,410