SAP demands jury trial in Oracle battle

SAP has set its face against a quick settlement to its legal battle with rival enterprise software maker Oracle, over former subsidiary TomorrowNow.

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SAP has set its face against a quick settlement to its legal battle with rival enterprise software maker Oracle, over former subsidiary TomorrowNow.

The German-based ERP giant does though admit some of Oracles allegations are true, in legal documents filed last week.

In a lengthy [response] to Oracle's third amended complaint> in the case, SAP concedes some Oracle claims but overall denies liability and has insisted on a jury trial.

A judge has already set a trial date of February 2010. Oracle filed its suit against SAP in March 2007, charging that workers at SAP's now closed subsidiary TomorrowNow, a provider of support for Oracle's PeopleSoft, J.D. Edwards and Siebel applications, had illegally downloaded material from Oracle's support systems and used them to court Oracle customers.

Oracle has also claimed that with the knowledge of SAP's executive board, SAP workers "made thousands of copies of Oracle's underlying software applications on its computer systems," and that SAP used Oracle's code for training, customer service and "generally to support a business model that was illegal to its core."

SAP's alleged behaviour amounted to "corporate theft on the grandest scale," Oracle has said.

Meanwhile, SAP has [acknowledged] that TomorrowNow staff members made some "inappropriate downloads" from Oracle's Web site, and that Oracle's software remained in TomorrowNow's systems. SAP has also strongly rejected Oracle's claims of a broader pattern of wrongdoing.

SAP restated its overall position in the most recent filing. "Because Plaintiffs have publicly admitted that TN had the right, in some instances, to access Plaintiffs' computers and use the Software and Support Materials therein, this case (once parsed of Plaintiffs' rhetoric) is simply about whether [TomorrowNow] exceeded its rights to access Plaintiffs' computers, whether that harmed Plaintiffs, and, if so, by how much," one passage reads.