Free Newsletters
Technology & Business Daily

InfoWorld
Log-in | Register

Update: Oracle sues SAP for corporate 'theft'

Company files suit against its rival for fraud, unfair competition, and civil conspiracy, alleging SAP used an Oracle customer support site to take copyrighted code


Oracle Corp. took its bitter rivalry with business applications vendor SAP AG up another notch, filing suit Thursday against SAP alleging violations of U.S. fraud legislation, unfair competition and civil conspiracy.

"This case is about corporate theft on a grand scale," the lawsuit contends. Oracle alleges it has discovered that SAP is "engaged in systematic, illegal access" to Oracle's computerized customer support systems.

Oracle filed the lawsuit against SAP, its SAP America division and its TomorrowNow subsidiary in U.S. Federal District Court in the Northern District of California. Details of the complaint can be found here . TomorrowNow provides third-party maintenance and support in large part for Oracle applications drawn from its PeopleSoft, Siebel and JD Edwards product families. Oracle is also filing the suit against 50 unnamed individuals that it claims were employees of SAP and whose identities the vendor hopes to determine during the course of the lawsuit.

[ Plus: Maintenance contracts in the hot seat | Suit highlights broader corporate spying ]

In the suit, the database, applications and middleware vendor alleges that SAP violated the Federal Computer Fraud and Abuse Act and California Computer Data Access and Fraud Act. Oracle also charges SAP with intentional and negligent interference with prospective economic advantage, unfair competition and civil conspiracy. The vendor demands a jury trial and is seeking both damages and injunctive relief. Through the complaint, Oracle seeks to stop SAP's illegal intrusions into its computer systems and theft, to prevent SAP from using the materials it has illegally acquired to compete with Oracle, and to recover damages and attorneys' fees," the lawsuit states.

"Through this scheme, SAP has stolen thousands of proprietary, copyrighted software products and other confidential materials that Oracle developed to service its own support customers," the lawsuit states.

The suit points to a period of unusually heavy download activity from Oracle's Customer Connection user support Web site for its PeopleSoft and JD Edwards applications in late November and December 2006. The site contains Oracle copyright material including software updates, bug fixes and patches. Customers paying Oracle for support log into the site with their passwords and download the software they require. Instead of genuine users, the suit alleges SAP employees used the log-in credentials of Oracle customers whose support rights had already expired or were about to expire in a few days' time. Those staffers then allegedly copied Oracle's software and support materials.

Through that access, SAP ended up with "an illegal library of Oracle's copyright software code," the complaint said. Using that information, SAP offered cut-rate support services to Oracle customers in the hopes of eventually migrating them over to use SAP's rival applications.

An SAP spokesman said the company had no comment on the lawsuit as its attorneys are examining it. SAP will issue a comment later Thursday or Friday, he added.

In total, Oracle claims to have found more than 10,000 unauthorized downloads of its software and support materials from its customer support site. The vendor alleges that the illegal downloads originated from an IP (Internet Protocol) address in Bryan, Texas, an SAP America branch office location and home to SAP's wholly owned TomorrowNow subsidiary. That IP address connects directly to SAP's computer network, the lawsuit said. When Oracle shut down that particular IP address, another one linked to SAP, appeared and the unlawful access and downloading continued.

In its complaint, Oracle listed unlicensed downloads allegedly linked to TomorrowNow on behalf of customers including Honeywell International, Merck & Co. Inc. and OCE-Technologies BV

SAP acquired TomorrowNow in January 2005. It was previously an independent software support company founded by former PeopleSoft staff. Part of Oracle's suit relates to the role it says TomorrowNow played as part of SAP's Safe Passage program designed to move Oracle users over to SAP applications.


Talkback:

commentPost a Comment

 

MOST COMMENTS

 
 





Are you ready for event-driven business?
"Faster than a speeding bullet" doesn't just refer to superheroes anymore, it's the velocity your business needs to compete. In this webcast you will learn strategies you can implement today that will keep your systems ahead of the increased business velocity. Sponsor: Progress Sonic

»  Click here to view this Webcast
  The Silver Lining: Cloud Computing
This IT Strategy Guide digs deep into cloud computing helping put you ahead of the curve on this hot topic. It explores the differences between cloud computing, grid computing and utility computing and then helps you see where and how each applies to your business. Sponsored by Box.net

»  Click here to download now

- Special Advertising Partners -
WHITE PAPERS
 

» Technology White Papers Library

Technology White Papers by Topic

Technology White Papers E-mail Alert

Find out when the latest white paper is available:
 
 
INFOWORLD MARKETPLACE
 
» BUY A LINK NOW
 
 

Video

 
 
 

Podcasts

 
 
 

 

Columnists

 
 
 

Resource Center


Ads by techwords beta  [See your link here]
 




Sponsored Technology Links

 
 
 HOME  NEWS  BLOGS  PODCASTS  VIDEOS  TECHNOLOGIES  TEST CENTER  EVENTS  CAREERS   About | Advertise | Awards | RSS | Contact Us 

Copyright © 2008, Reprints, Permissions, Licensing, IDG Network, Privacy Policy, Terms of Service.
All Rights reserved. InfoWorld is a leading publisher of technology information and product reviews on topics including viruses,
phishing, worms, firewalls, security, servers, storage, networking, wireless, databases, and web services.

CIO :: ComputerWorld :: CSO :: Demo :: GamePro :: Games.net :: IDG Connect :: IDG World Expo
Industry Standard :: IT World :: JavaWorld :: LinuxWorld :: MacUser :: Macworld :: Network World :: PC World :: Playlist