The software provider for business of SAP SE on Wednesday announced the consent to pay $20 million for settlement of charges of the U.S. Department of Justice concerning the TomorrowNow subsidiary company which stopped the existence.
Charges on 12 points were brought to subsidiary of SAP: in particular, charges of fraud and copyright violation, theft of documents from the competitor – Oracle - from the website of the company password-protected. Earlier SAP admitted the guilt and closed division. A fine of $20 million - twice a large sum, in comparison with that that SAP paid for purchase of TomorrowNow in 2005.
Nevertheless, settlement does not solve a much bigger problem for SAP. Last year according to the civil action of Oracle to SAP the court made the decision for benefit of Oracle and define to payment compensation in the amount of $1.3 billion. But on September 1 the judge cancelled this decision on compensation, having called it "excessively big", and announced the amount of $272 million Oracle said that she will protest the solution of the judge, having paved thereby the way for new judicial proceedings.
SAP reported on Wednesday that it "is glad to the relevant decision" on this criminal case. In the statement it is also reported that SAP is not accused of violation of the law. According to the judicial agreement, TomorrowNow pled guilty on the brought charges.
It is said in the corresponding statement of Oracle that the company "spent the last four years opening massive thefts of copyright, and SAP, at last, admitted the guilt in federal court".
In the previous statements Oracle claims that the stolen data provided to SAP inflow of new clients and an opportunity to offer the services in lower prices. SAP, in turn, stated that income from the attracted clients is small, and the company is ready to pay $40 million as compensation.
In spite of the fact that according to the solution of the judge the amount of penalties is less, than that was required by Oracle, it is higher than the costs provided in the budget of SAP. the company selected $160 million for payment of the planned losses and already paid $120 million to legal advisers. This more than a half of profit of SAP for 2010.
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