Oracle adds charges, amends complaint against SAP
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Oracle went down to the wire in filing its first amended complaint against applications rival SAP Friday in a bitter wrangle over the alleged theft of trade secrets.
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SAP wants case narrowed to TomorrowNow's conduct, asks for mediator; Oracle says scope of case requires full investigation.
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Oracle Corp. (ORCL.O: Quote, Profile, Research) Chief Executive Larry Ellison said on Friday his company has talked about revising its current $21-per-share offer to buy rival PeopleSoft Inc.
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Oracle today announced that it is moving to a quarterly patch release schedule, even as the company faces criticism from analyst firm Gartner Inc. for its handling of a recent critical security fix.
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The company asked customers to accelerate deals in order to bolster earnings--a ploy to exaggerate profits, Oracle lawyers say.
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Oracle's $7.7 billion takeover offer for PeopleSoft has been extended several times already and was set to expire today.
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Ooo-er SAP has admitted making "inappropriate downloads" of code and supporting documents from Oracle's website through its US-based Tomorrow Now subsidiary.â¦
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(InfoWorld) - SAP reacted quickly and angrily to statements made by Oracle Chief Executive Officer Larry Ellison during his company's quarterly results meeting Tuesday. Ellison's statementsÂ about SAP's product and acquisition strategy are "a complete misrepresentation," said Bill Wohl, SAP's vice president of product and solutions public relations, in a statement. Oracle's CEO said his company's Fusion middleware is "years ahead" of SAP's rival NetWeaver product, and that "NetWeaver is still relatively new and still incomplete." He also said, "SAP has delayed the next release of its applications until 2010," and "They'll be two full years behind our Fusion release." Wohl said "Oracle's next-generation applications exist only in PowerPoint and won't be delivered until 2008 or beyond." He called Oracle statements about both its own products and SAP's "to be inconsistent and misleading." He said that Oracle made conflicting statements about Fusion's development. "In January, Oracle claimed they were halfway to Fusion and two weeks ago they said they wereÂ not even halfway doneÂ -- Oracle needs to adopt one version of the truth, and be honest with the market on its actual progress."
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The company said a subsidiary had improperly obtained documents from its archrival Oracle but disputed the extent of the offense.
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A U.S. district court judge has ordered that&#160;Oracle&#39;s lawsuit against SAP and its TomorrowNow subsidiary&#160;be sent to mediation, according to a court document posted on www.tnlawsuit.com, a Web site SAP set up for the case.SAP spokesman Andy Kendzie declined to comment in much detail Thursday about Judge Martin J. Jenkins&#39; ruling, which occurred after a case management conference on Tuesday, according to the document.&quot;Our preference had always been that we explored mediation,&quot; Kendzie said.Oracle filed suit against SAP and TomorrowNow last year, charging that TomorrowNow employees illegally downloaded data from a secure Oracle support Web site, and used it to court Oracle&#39;s customers. The initial complaint alleges that &quot;corporate theft on a grand scale&quot; had occurred.SAP has said TomorrowNow was authorized to download materials from Oracle&#39;s Web site on behalf of TomorrowNow&#39;s customers, but also acknowledged &quot;some inappropriate downloads of fixes and support documents occurred at TomorrowNow.&quot; SAP has asserted that this information remained in TomorrowNow&#39;s systems and that SAP itself did not gain access to Oracle&#39;s intellectual property.TomorrowNow provides third-party support for Oracle&#39;s PeopleSoft, Siebel, and J.D. Edwards software products.Oracle could not immediately be reached for comment Thursday.
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The installation of SAP financial software at a major London-based container transport firm exposed flaws in the company's accounting systems and processes, forcing it to restate its earnings.
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SAP AG's first court meeting with rival Oracle Corp. over an industrial espionage lawsuit has been rescheduled for Sept. 11, the German company said Wednesday.
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Company announces an extension of its customer assurance program, a contract clause offered to firms concerned about Oracle's hostile takeover bid.
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Oracle again extended its tender offer for PeopleSoft to Friday, Sept. 10 at midnight, Eastern Standard Time. Oracle is offering $21 per share or about $7.
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(InfoWorld) - SAP admitted on Tuesday that its TomorrowNow services subsidiary made some "inappropriate downloads" from an Oracle Web site but contended that SAP personnel did not access the material. SAP admitted the downloads in today's response to a March 22 lawsuit by Oracle that alleged TomorrowNow staff hacked into an Oracle support Web site and downloaded vast amounts of content, which was used to offer Oracle customers cut-rate support services. In an about-face from his previous position, SAP CEO Henning Kagermann said in a statement that his company is open to a possible settlement with Oracle, which has charged SAP with "corporate theft on a grand scale." Rodney Masney, global director of IT infrastructure services at Owens-Illinois, a Toledo, Ohio-based maker of packaging materials and an SAP shop, said he doesn't expect that the lawsuit will damage SAP's business. "It's important for customers of SAP to know they are dealing with a highly ethical organization," he said. "Ultimately, I believe this will blow over." Masney, also president of the Americas' SAP User Group, said that Kagermann offered assurances during a telephone conversation today that a thorough investigation would continue and that "appropriate action" would be taken against employees involved in any theft of data. In addition, Masney said that Kagermann said that there is "an appropriate firewall [between TomorrowNow and SAP] and no information fell into the hands of SAP employees. There were perhaps some procedures not followed and that significantly increased the amount of data downloaded [by TomorrowNow employees]." In its response, SAP also said that it has appointed COO Mark White executive chairman of TomorrowNow, and pledged to enforce both existing procedures, create new policies, and implement special training programs for employees. Masney described White as a "very disciplined" executive. Rebecca Wettemann, an analyst at Nucleus Research in Wellesley, Mass., criticized SAP officials for a lack of oversight. "The apology and response is too little too late," she said. "SAP customers should be concerned, in general, about their welfare, given SAP management's apparent lack of oversight of its employees and lack of regard for intellectual property." David Mitchell, an analyst at London-based Ovum, said SAP must work hard to avoid damaging its reputation. "It is still likely that the case will continue through the legal process and that it may still have many months to run," he stated in a research note. "Irrespective of the legal conclusion to the case, a significant part of the impact for both Oracle and SAP will be related to how each manages the public relations impact." Oracle released an e-mail statement Tuesday, noting that "Kagermann has now admitted to the repeated and illegal downloading of Oracle's intellectual property. Oracle filed suit to discover the magnitude of the illegal downloads and fully understand how SAP used Oracle's intellectual property in its business. To the extent requested, Oracle will cooperate with the Department of Justice investigation of SAP announced by the company in its press release." (Dan Nystedt and China Martens of the IDG News Service contributed to this story.)
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Oracle charged that PeopleSoft&#39;s ousted chief executive, Craig A. Conway, lied to analysts in telling them that the Oracle takeover bid was no longer a factor in PeopleSoft&#39;s ability to write new business.
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SAP reacted quickly and angrily to statements made by Oracle Chief Executive Officer Larry Ellison during his company's quarterly results meeting Tuesday.