Oracle is expanding its lawsuit
against SAP, accusing the German software firm of a corporate conspiracy
that reached its highest ranks.
The company has posted an amended version of its complaint over SAP's use of
support firm TomorrowNow allegedly to steal Oracle intellectual property under
the guise of customer support.
"Oracle initially brought this lawsuit after discovering that SAP had engaged
in systematic illegal access to, and taking from, Oracle's computerised customer
support systems," the company said in its filing.
"Oracle now amends its claims because discovery in this case has revealed
that the focus of its original claims, SAP's massive illegal downloading of
software and support materials from Oracle's password-protected computer
systems, is just one element of a larger scheme by SAP to steal and misuse
Oracle's intellectual property."
The case centres around TomorrowNow's alleged pilfering of Oracle support
documents and code which were then used by SAP to lure PeopleSoft customers to
competing SAP offerings.
Oracle now claims that SAP executives had planned from the start to steal
information from Oracle, a plan known within the company as 'Project Blue'.
SAP's massive illegal downloading of software and support materials ... is just one element of a larger scheme
Oracle
"SAP AG and SAP America bought TomorrowNow and converted it to SAP TN just
two weeks later, days after Oracle closed on the deal with PeopleSoft," Oracle
said in the filing.
"SAP AG did so knowing, at the SAP AG executive board level, that SAP TN's
business model depended on routine, daily cross-use of misappropriated Oracle
software applications and downloaded support products.
"Moreover, SAP AG knew that the SAP TN services it exploited to convert
Oracle customers relied on SAP TN's tainted development activity to create
illegal 'SAP TN' software support products."
SAP has long maintained that it was not aware of any foul play at the time,
and that any "inappropriate downloads" performed by TomorrowNow were not passed
on or used to benefit SAP.
The company announced last week that it intends to
shut down TomorrowNow.
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