Oracle
has filed a legal complaint against arch-rival
SAP and its
TomorrowNow
subsidiary, alleging that the German software maker engaged in corporate
espionage.
Oracle said in its legal complaint that SAP had engaged in "corporate theft
on a grand scale" including the theft of "thousands of proprietary, copyrighted
software products and other confidential materials that Oracle developed to
support its customers".
TomorrowNow is a consultancy firm that SAP acquired in 2005. The company
specialises in supporting PeopleSoft and JD Edwards software, both of which are
Oracle subsidiaries.
Following its acquisition by SAP, TomorrowNow has focused on migrating users
to SAP software.
Oracle claims that the 'stolen' information aids SAP's migration efforts, a
process that is typically time consuming and expensive.
SAP allegedly started using customer log-in credentials in November to gain
access to Oracle's Customer Connection website and download the data, according
to Oracle.
SAP is accused of using accounts for Oracle customers that were about to
migrate, such as Honeywell, as well as customers who had cancelled their Oracle
subscriptions in favour of SAP's software such as Metro Machine Corp.
In one case, it was alleged, an account was used to download 1,800 items a
day for a period of four days. The average Oracle customer downloads 20 items
per months.
Oracle's customer support materials are protected by copyright law. Access is
granted only to customers with current support contracts for the software.
Oracle is demanding unspecified damages as well as a court order that bars
SAP from future infractions and forces it to return the 'stolen' materials.
A spokesperson for SAP said that the company is studying the allegations and
could not comment.
Oracle and SAP are engaged in a fierce battle over market share in the
enterprise software market.
Both firms have so-called defector programmes that offer rebates and freebies
for customers to switch, and their executives occasionally take on their rivals
in verbal mud-slinging contests.
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