Hope bursting from SAP: Oracle continues to argue over data theft


As agreed, SAP pays $ 306 million, Oracle accepts, ready. But the US corporation does not think to bury the hatchet. The procedure goes into a new round.

For the German software Prime SAP the nightmare continues: The US archrival Oracle has ushered in a new round in the ongoing legal battle for five years stolen software. Instead of accepting a verdict with a compensation of 306 million dollars (equivalent to 243 million euros) and thereby putting an end to the proceedings, Oracle has appealed (PDF link). This means that the two parties meet again before the next instance.

"We are disappointed that Oracle is taking this lawsuit further, " said an SAP spokesman on Monday, confirming a report from "Mannheimer Morgens" (Tuesday issue). "We agreed on a reasonable arrangement because we believe this case has been going on long enough." SAP wants to continue the legal dispute. The corporation has long admitted the lapses and publicly apologized.


The thing that is at stake is years back: employees of the acquired in 2005 and now closed SAP subsidiary TomorrowNow had illegally downloaded updates from Oracle on a large scale. The San Francisco Procuratorate found at least 6249 cases in its investigation, and sanctioned Sap for $ 20 million. Parallel to this, since 2007, the civil lawsuit filed by Oracle.

A jury initially awarded Oracle $ 1.3 billion in damages; a judge had criticized the sum as "extremely exaggerated" and reduced it to $ 272 million. Oracle did not want to let that happen. In order to avert a lengthy and by the high US lawyer fees also expensive new procedure, SAP offered the payment of 306 million dollar. Oracle agreed to the settlement. The responsible judge Phyllis Hamilton also gave her blessing.

Oracle eventually decided to appeal. "The comparison of the $ 306 million remains in the next instance, " said an SAP spokesman. This sum is therefore the minimum amount that SAP will transfer to Oracle, even if a lesser amount of damage should now be detected. SAP had already replaced its rival with $ 120 million in procedural costs.

The two companies are spinnefeind, not only since the data theft. SAP is the world leader in enterprise software. Thus companies regulate about the accounting or the customer administration. Oracle is a leader in databases, but is pushing more and more into the traditional field of SAP. Known for his pithy proverbs, Oracle boss Larry Ellison spent tens of billions of dollars on acquisitions in recent years. (Dpa / tc)