back to article Oracle demands retrial in SAP slurp spat

Oracle has filed for a retrial in its SAP spat over illegal file downloading, moaning that the reduced damages awarded just aren't enough. Oracle originally won a whopping $1.3bn in damages in its suit against SAP over the German enterprise software biz's subsidiary TomorrowNow illegally slurping Oracle software and support …


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  1. Anonymous Coward
    Anonymous Coward

    SAP wants to give them $400m, judge awards $272m.

    Wonder if a few million $$ went the way of the judge?

  2. Anonymous Coward
    Anonymous Coward

    So a multi-billion multinational looses an IP theft case and the judge lowers the penalty by 5 folds to a rather inconsequencial (for SAP) $272m, for having stolen IP that was actually very valuable for both compagnies.

    A single mom looses a case for downloading 22 songs she probably didn't give that much shit about and still as to pony up a completly impossible amount for her to pay (wasn,t it close to what SAP now as to pay?)

    Anyone else see this as a completly un-fair state of affairs?

    1. Silverburn


      Though it should be said both parties here are hardly covering themselves in glory here. SAP (or rather a sub. company) trying to poach clients and data, and Oracle being greedy and demanding stupid, unpayable (even for SAP) money.

  3. Chris Miller

    Proving once more

    As if anyone doubted it, that the only people to make money from court cases are the blood-sucking lawyers.

  4. ItsNotMe

    What about the Judge in all this?

    Just how much money was pissed away on this trial anyway?

    What is the point of having a jury, if after they render a verdict...the judge can say ..."Sorry folks...just don't think what you decided was correct. I'm making my own decision on this...and the days/weeks/months you have been sitting here listening to testimony has been a complete waste...not only of taxpayers money...but YOUR time as well. Have a nice day."

    So because this judge has taken it upon him self to totally dismiss the findings of the jury...the trial will most likely start all over again. What a bunch of BS.

    1. Anonymous Coward
      Anonymous Coward

      Except that the judge hasn't ignored the jury's findings (that SAP acted illegally). All he's done is say that the jury are a wrong in the amount of damages they awarded. If it came down to having a judge decide a sentence/damages or a jury, I'd go fo the judge every time - they tend to be more level headed, less swayed by the BS that lawyers come out with, and actually have a reasonable understanding of the law.

      1. Tom 13

        Generally I'd agree, but in this case

        it is very odd that the judge decided on an amount even lower than what SAP offered. While I concur that the Billions settlement awarded by the jury is absurd, I would expect the award to be in the $600-$800 million range as a premium for not coming to an out of court settlement. But then I haven't read the trial notes either.

  5. Fenton

    Dangerous for Oracle

    Well SAP happens to be Oracles biggest VAR when it comes to database licenses, Piss then off too much and SAP with do an oracle and decide that it will no longer support oracle databases and priovide Sybase (or MaxDB) free of charge with some free consultancy thrown in to help migrate.

    Alot of the SAP customer base on oracle (especially the old HP-UX customers) are already considering moving to DB2 or SQLserver as there is a distinct nervosness regarding oracle. Again oracles statement regarding VMware support is also steering customer away from Oracle.

    1. Wunderbar1
      Thumb Up

      Dangerous for Oracle → #

      Agree, Oracle is really making it impossible for SAP. I don't think Oracle cares though. SAP has been, and pretty successfully, migrating their big shops to IBM DB2 for the last several years. SAP co-designed the latest version of DB2 for SAP with IBM. It mops the floor with Oracle DB on the SAP compression and integration fronts. Oracle knows SAP wants them out of their shops and agreeing to settle this lawsuit isn't going to change the fact that Oracle is their largest ERP competitor.

      SAP would have a difficult time telling their customers to migrate to Sybase ASE with a straight face, as Sybase begged them for 15 years to certify ASE for SAP and SAP said no. MaxDB is probably more in the MS SQL camp (smaller shops), which Oracle doesn't really care about.

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