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Tuesday, 23 November 2010 - Oracle wants SAP to pay billions for looted programs
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    Read more with google mobile : Oracle wants SAP to pay billions for looted programs

    Yahoo! My Yahoo! Mail More Yahoo! Services Account Options New User? Sign Up Sign In Help Yahoo! Search web search Home Singapore Asia Pacific World Business Entertainment Sports Technology Weekend Edition Oracle wants SAP to pay billions for looted programs AFP - Tuesday, November 23 Send IM Story Print Oracle wants SAP to pay billions for looted programs OAKLAND, California (AFP) - – Attorneys for business software giant Oracle want a jury to order German rival SAP to pay billions of dollars for looting its software libraries for competitive advantage. Lawyers for SAP have rejected the notion that the pilfering of programs was worthy of more than 40 million dollars, calling the reasoning for many times that amount "silliness" or "crazy." Both companies made their pitches to jurors in a high-stakes copyright infringement damages trial playing out in a federal court in the California city of Oakland. The panel returns on Tuesday for its first full day of deliberations. Magistrate Phyllis Hamilton ordered jurors not to discuss the case outside the deliberation room or in online locales including Facebook, Twitter, LinkedIn and MySpace. "I'm not proud of this and SAP is not proud of this," SAP attorney Robert Mittelstaedt said during closing arguments in which he conceded the copyright infringement by SAP and focused on minimizing any damage award. "SAP is here to pay the damages now." SAP was there, but its former chief executive Leo Apotheker avoided efforts by Oracle's trial team to serve him a subpoena that would have compelled him to testify at trial. Apotheker was recently hired by US computer giant Hewlett-Packard (HP) to replace Mark Hurd as chief executive, but HP refused to help track the former SAP boss down for the trial. "I think it was too bad," Oracle lawyer David Boies said of Apotheker winning the game of hide-and-seek with process servers. Apotheker was on the SAP board that unanimously approved a deal to buy US technology firm TomorrowNow, which recovered and copied massive amounts of Oracle software and confidential data by posing as clients. TomorrowNow answered directly to the SAP board and was considered a "cornerstone" of the German company's business plan, according to Boies. SAP admitted to the copyright infringement in legal "stipulations" that cleared the way for a jury trial regarding how much should be paid to Oracle in damages. Oracle says in court documents that SAP used a customized software tool dubbed "Titan" to plunder Oracle's website of patches, updates, fixes and other programs crafted for Oracle's paying customers. "What SAP did was beyond the pale," said Bingham McCutchen law firm partner Geoffrey Howard, who is part of the Oracle trial team. "It was massive data scraping by SAP." Oracle attorneys told AFP outside of court on Monday that the case was about protecting intellectual property key to the value of technology companies. Boies told jurors that SAP owed Oracle the fair market value of its copyrighted software at the time the program plundering began in early 2005. He suggested to jurors a range of 1.6 billion dollars to 3 billion dollars. He later declined to pinpoint what he thought damages should tally, only to say "multiples of billions." "TomorrowNow was gaining traction and was a real threat," Boies told jurors. "The results were very enriching to SAP and very damaging to Oracle." Mittelstaedt contended that Oracle value estimates were "self-serving" and not in keeping with the realities of the world of licensing copyrighted software. Mittlestaedt parsed testimony at length in a bid to convince jurors that fair compensation to Oracle was approximately 40 million dollars. "We know SAP thought this was incredibly valuable because we have their documents," Boies argued. "We also know they wanted to disrupt Oracle." US computer giant Hewlett-Packard named former SAP chief executive Apotheker as its new president and CEO in September. Apotheker, 57, spent more than 20 years at SAP, one of the world's largest business software companies. Apotheker replaced Hurd, who resigned as chief executive of HP after a sexual harassment probe uncovered subterfuge with company expenses. Recommend Send IM Story Print Related Articles News Corp. buys education technology company AFP - 1 hour 59 minutes ago US-TECH Summary Reuters - Tuesday, November 23 Oracle wants SAP to pay billions for looted programs AFP - Tuesday, November 23 Attachmate buying Novell for 2.2 billion dollars AFP - Tuesday, November 23 HP to focus more on software, new CEO says AFP - Tuesday, November 23 News Search Top Stories N.Korea shells island in South, causing injuries Qantas says A380 superjumbos back in action Saturday US shops hope for bumper holiday season DiCaprio in plane engine scare: report Euro, equities rally fizzes on Irish bailout doubts More Top Stories » ADVERTISEMENT Most Popular Most Viewed Most Recommended Pope says condoms acceptable 'in certain cases' World leaders scramble for funds to save the tiger More than a million Atlantic sharks killed yearly Illness, medical bills 'plunge millions into poverty' Fed faces 'stiffest challenge to authority' in years More Most Viewed » EU fines 11 airlines 800 million euros for air cargo cartel 'Naked' airport scanners may be 'dangerous' Pilgrims stone 'devil' as Muslims celebrate Eid World leaders scramble for funds to save the tiger More Most Recommended » Elsewhere on Yahoo! Financial news on Yahoo! Finance Stars and latest movies Best travel destinations More on Yahoo! News Home Singapore Asia Pacific World Business Entertainment Sports Technology Weekend Edition Subscribe to our news feeds Top StoriesMy Yahoo!RSS » More news feeds | What are news feeds? Also on Yahoo! Answers Groups Mail Messenger Mobile Travel Finance Movies Sports Games » All Yahoo! Services Site Highlights Singapore Full Coverage Most Popular Entertainment Photos Yahoo! News Network Copyright © 2010 Yahoo! Southeast Asia Pte. Ltd. (Co. Reg. No. 199700735D). All Rights Reserved. Terms of Service | Privacy Policy | Community | Intellectual Property Rights Policy | Help

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