Welcome!

Recurring Revenue Authors: Elizabeth White, Karthick Viswanathan, Liz McMillan, Yeshim Deniz, Carmen Gonzalez

Related Topics: Recurring Revenue

Recurring Revenue: Article

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

Trial Starts with SAP's Deflating Capitulation

Oracle's long-festering case against SAP for stealing Oracle IP went 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 started 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
BnkToTheFuture.com is the largest online investment platform for investing in FinTech, Bitcoin and Blockchain companies. We believe the future of finance looks very different from the past and we aim to invest and provide trading opportunities for qualifying investors that want to build a portfolio in the sector in compliance with international financial regulations.
A strange thing is happening along the way to the Internet of Things, namely far too many devices to work with and manage. It has become clear that we'll need much higher efficiency user experiences that can allow us to more easily and scalably work with the thousands of devices that will soon be in each of our lives. Enter the conversational interface revolution, combining bots we can literally talk with, gesture to, and even direct with our thoughts, with embedded artificial intelligence, whic...
Imagine if you will, a retail floor so densely packed with sensors that they can pick up the movements of insects scurrying across a store aisle. Or a component of a piece of factory equipment so well-instrumented that its digital twin provides resolution down to the micrometer.
In his keynote at 18th Cloud Expo, Andrew Keys, Co-Founder of ConsenSys Enterprise, provided an overview of the evolution of the Internet and the Database and the future of their combination – the Blockchain. Andrew Keys is Co-Founder of ConsenSys Enterprise. He comes to ConsenSys Enterprise with capital markets, technology and entrepreneurial experience. Previously, he worked for UBS investment bank in equities analysis. Later, he was responsible for the creation and distribution of life settle...
Product connectivity goes hand and hand these days with increased use of personal data. New IoT devices are becoming more personalized than ever before. In his session at 22nd Cloud Expo | DXWorld Expo, Nicolas Fierro, CEO of MIMIR Blockchain Solutions, will discuss how in order to protect your data and privacy, IoT applications need to embrace Blockchain technology for a new level of product security never before seen - or needed.
Leading companies, from the Global Fortune 500 to the smallest companies, are adopting hybrid cloud as the path to business advantage. Hybrid cloud depends on cloud services and on-premises infrastructure working in unison. Successful implementations require new levels of data mobility, enabled by an automated and seamless flow across on-premises and cloud resources. In his general session at 21st Cloud Expo, Greg Tevis, an IBM Storage Software Technical Strategist and Customer Solution Architec...
Nordstrom is transforming the way that they do business and the cloud is the key to enabling speed and hyper personalized customer experiences. In his session at 21st Cloud Expo, Ken Schow, VP of Engineering at Nordstrom, discussed some of the key learnings and common pitfalls of large enterprises moving to the cloud. This includes strategies around choosing a cloud provider(s), architecture, and lessons learned. In addition, he covered some of the best practices for structured team migration an...
No hype cycles or predictions of a gazillion things here. IoT is here. You get it. You know your business and have great ideas for a business transformation strategy. What comes next? Time to make it happen. In his session at @ThingsExpo, Jay Mason, an Associate Partner of Analytics, IoT & Cybersecurity at M&S Consulting, presented a step-by-step plan to develop your technology implementation strategy. He also discussed the evaluation of communication standards and IoT messaging protocols, data...
Coca-Cola’s Google powered digital signage system lays the groundwork for a more valuable connection between Coke and its customers. Digital signs pair software with high-resolution displays so that a message can be changed instantly based on what the operator wants to communicate or sell. In their Day 3 Keynote at 21st Cloud Expo, Greg Chambers, Global Group Director, Digital Innovation, Coca-Cola, and Vidya Nagarajan, a Senior Product Manager at Google, discussed how from store operations and ...
In his session at 21st Cloud Expo, Raju Shreewastava, founder of Big Data Trunk, provided a fun and simple way to introduce Machine Leaning to anyone and everyone. He solved a machine learning problem and demonstrated an easy way to be able to do machine learning without even coding. Raju Shreewastava is the founder of Big Data Trunk (www.BigDataTrunk.com), a Big Data Training and consulting firm with offices in the United States. He previously led the data warehouse/business intelligence and B...
"IBM is really all in on blockchain. We take a look at sort of the history of blockchain ledger technologies. It started out with bitcoin, Ethereum, and IBM evaluated these particular blockchain technologies and found they were anonymous and permissionless and that many companies were looking for permissioned blockchain," stated René Bostic, Technical VP of the IBM Cloud Unit in North America, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Conventi...
When shopping for a new data processing platform for IoT solutions, many development teams want to be able to test-drive options before making a choice. Yet when evaluating an IoT solution, it’s simply not feasible to do so at scale with physical devices. Building a sensor simulator is the next best choice; however, generating a realistic simulation at very high TPS with ease of configurability is a formidable challenge. When dealing with multiple application or transport protocols, you would be...
Smart cities have the potential to change our lives at so many levels for citizens: less pollution, reduced parking obstacles, better health, education and more energy savings. Real-time data streaming and the Internet of Things (IoT) possess the power to turn this vision into a reality. However, most organizations today are building their data infrastructure to focus solely on addressing immediate business needs vs. a platform capable of quickly adapting emerging technologies to address future ...
We are given a desktop platform with Java 8 or Java 9 installed and seek to find a way to deploy high-performance Java applications that use Java 3D and/or Jogl without having to run an installer. We are subject to the constraint that the applications be signed and deployed so that they can be run in a trusted environment (i.e., outside of the sandbox). Further, we seek to do this in a way that does not depend on bundling a JRE with our applications, as this makes downloads and installations rat...
Widespread fragmentation is stalling the growth of the IIoT and making it difficult for partners to work together. The number of software platforms, apps, hardware and connectivity standards is creating paralysis among businesses that are afraid of being locked into a solution. EdgeX Foundry is unifying the community around a common IoT edge framework and an ecosystem of interoperable components.
DX World EXPO, LLC, a Lighthouse Point, Florida-based startup trade show producer and the creator of "DXWorldEXPO® - Digital Transformation Conference & Expo" has announced its executive management team. The team is headed by Levent Selamoglu, who has been named CEO. "Now is the time for a truly global DX event, to bring together the leading minds from the technology world in a conversation about Digital Transformation," he said in making the announcement.
In this strange new world where more and more power is drawn from business technology, companies are effectively straddling two paths on the road to innovation and transformation into digital enterprises. The first path is the heritage trail – with “legacy” technology forming the background. Here, extant technologies are transformed by core IT teams to provide more API-driven approaches. Legacy systems can restrict companies that are transitioning into digital enterprises. To truly become a lead...
Digital Transformation (DX) is not a "one-size-fits all" strategy. Each organization needs to develop its own unique, long-term DX plan. It must do so by realizing that we now live in a data-driven age, and that technologies such as Cloud Computing, Big Data, the IoT, Cognitive Computing, and Blockchain are only tools. In her general session at 21st Cloud Expo, Rebecca Wanta explained how the strategy must focus on DX and include a commitment from top management to create great IT jobs, monitor ...
"Cloud Academy is an enterprise training platform for the cloud, specifically public clouds. We offer guided learning experiences on AWS, Azure, Google Cloud and all the surrounding methodologies and technologies that you need to know and your teams need to know in order to leverage the full benefits of the cloud," explained Alex Brower, VP of Marketing at Cloud Academy, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clar...
The IoT Will Grow: In what might be the most obvious prediction of the decade, the IoT will continue to expand next year, with more and more devices coming online every single day. What isn’t so obvious about this prediction: where that growth will occur. The retail, healthcare, and industrial/supply chain industries will likely see the greatest growth. Forrester Research has predicted the IoT will become “the backbone” of customer value as it continues to grow. It is no surprise that retail is ...