SAP wants a federal court to make Oracle hand over records of its business arrangement with CedarCrestone, an Alpharetta, Georgia, systems integrator that provides third-party support for Oracle PeopleSoft applications.
The filing was made on Jan. 16 in U.S. District Court-Northern District of California, in connection with the lawsuit Oracle filed against SAP in March 2007 . Oracle charges that SAP's now-shuttered subsidiary TomorrowNow, a provider of third-party support for Oracle's PeopleSoft, JD Edwards, and Siebel applications, illegally downloaded material from Oracle's support systems and used it to woo Oracle customers.
[ Keep up on the latest tech news headlines at InfoWorld News, or subscribe to the Today's Headlines newsletter. ]
SAP has said that TomorrowNow workers were authorized to download materials from Oracle's site on behalf of TomorrowNow customers, but acknowledged some "inappropriate downloads" had occurred. SAP has also said that Oracle's software remained in TomorrowNow's systems and has denied Oracle's allegations of a wider pattern of wrongdoing.
SAP's Jan. 16 filing argues that since "Oracle's partners apparently pay for the right to access Oracle's Software and Support Materials," Oracle's deal with CedarCrestone is "directly relevant" to calculating damages in the suit.
"Moreover, the mere fact that customers have options for support from Oracle partners (rather than obtaining support services directly from Oracle) may prove that customers would have left Oracle to get support elsewhere regardless of the activities of TomorrowNow," the filing adds.
In addition, SAP wants Oracle to provide the terms and conditions by which CedarCrestone can access and use Oracle software and support materials; and "documents sufficient to identify" which Oracle customers CedarCrestone is supporting.
SAP also issued a subpoena to CedarCrestone in November, seeking a range of information on its relationship with Oracle, according to another filing. In a Dec. 8 letter, an attorney for CedarCrestone objected to the subpoena on the grounds it was "overbroad, vague, ambiguous and burdensome," and also requested proprietary and confidential information. The attorney could not immediately be reached for further comment Tuesday.
Oracle and SAP both declined comment Tuesday.
The Jan. 16 filing follows another request by SAP that could bring potentially sensitive information from Oracle into public view. SAP recently asked that Oracle reveal its profit-margin information regarding PeopleSoft and JD Edwards software and support , also saying such information would be relevant to calculating damages.
A settlement conference in the case has been scheduled for Feb. 23, and a trial date is set for February 2010.
Get the independent advice and expertise you need to support a virtual workforce.
The increase in Linux popularity has increased the frequency and sophistication of malware attacks. Read this 2 page white paper now to learn how you can protect your Linux environment with real-time protection that is certified by all major Linux vendors.
Download now »
Ensuring acceptable application delivery will become even more difficult over the next few years. As a result, IT organizations need to ensure that the approach that they take to resolving the current application delivery challenges can scale to support the emerging challenges. This handbook elaborates on the key tasks associated with planning, optimization, management and control and provides decision criteria to help IT organizations choose appropriate solutions.
Download now »
A common misconception is that mid-range storage requirements are dramatically different than that of a larger enterprise. Mid-range storage users may require less capacity, but they have similar functionality and management requirements. This ESG paper examines mid-range storage needs and reviews a new solution that adjusts size while retaining value, performance and functionality.
Download now »
Sign up to receive Applications Resource Alerts
Like any valuable resource, IT is a terrible thing to waste. But by applying the same lean techniques that have been used to streamline manufacturing processes, IT departments can reduce costs, improve performance and better manage resources.
Download now! »
Stephen Elliot, vice president of strategy for CA's Infrastructure Management and Data Center Automation business unit, explains why difficult economic times drive the need for simplified management capabilities and advanced automation tools.
Listen now! »
According to a recent study CA conducted with 300 CIOs and top IT executives, 64 percent of respondents say they've already invested in virtualization, and the other 36 percent reported that they plan to invest in virtualization.
Download now! »
In this video learn about process automation in a virtualized world. How CA and VMware are enabling enterprise datacenter automation.
View now! »
Recommend This
