SAP, along with
its
TomorrowNow
subsidiary, has answered the complaint filed by
Oracle on 22
March accusing the German software giant of
downloading
'inappropriate' material from Oracle's website.
The filing in a US District Court represents the first formal SAP response to
Oracle's complaint. A PDF of the full filing is available
here.
SAP stated that TomorrowNow was authorised to download materials from
Oracle's website on behalf of TomorrowNow customers.
However, SAP acknowledged that some "inappropriate downloads of fixes and
support documents" occurred at TomorrowNow.
SAP stressed that what was downloaded stayed on TomorrowNow's separate
systems. "SAP did not have access to Oracle intellectual property via
TomorrowNow," the firm said.
David Mitchell, software practice leader at analyst firm
Ovum, said: "
There has long been rivalry between SAP and Oracle.
"However, when Oracle accused SAP of corporate theft the rivalry took a new
and exciting turn, with the prospect of the two companies resolving the dispute
outside of court being quite remote.
"Fighting for market share with marketing siege weapons and hand-to-hand
combat in the sales trenches is expected."
Mitchell deemed it "likely" that the case will continue through the legal
processes over the coming months.
"Irrespective of the legal conclusion to the case, a significant part of the
impact for Oracle and SAP will be related to how each manages the public
relations," he said.
"Although many will see the legal teams as the cavalry in this battle, the
troops that really matter are the 'PR special forces' contingent. PR is where
this battle will be won or lost."
The
US
Department of Justice has requested that SAP and TomorrowNow provide certain
documents. Both companies said that they intend to cooperate fully with the
request.
Henning Kagermann, chief executive at SAP AG, said: "Even a single
inappropriate download is unacceptable from my perspective. We regret very much
that this occurred."
SAP also announced that it has instituted changes in TomorrowNow's
operational management to ensure compliance with appropriate business practices.
"I want to reassure our investors, customers, partners and employees that SAP
takes any departure from the high standards we set for all of our businesses
very seriously, regardless of where it occurred or how confined it may be,"
said Kagermann.
"When I learned what happened, I promptly took action to strengthen
operational oversight at TomorrowNow while assuring that we maintain excellent
service for TomorrowNow's customers."
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