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SAP admitted the facts of plunder of trade secrets of Oracle

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06.08.10, 13:56, Msk

The SAP company recognized that it really bears responsibility on a number of the points stated in the legal claim of Oracle about theft of a trade secret. Nevertheless, representatives of the German concern are sure that the scale of a problem is strongly exaggerated by competitors and in this case the speech cannot go about damage to billions of dollars.

The statement of SAP that the company is really guilty of some points of the precedents of theft of a trade secret incriminated to her by Oracle followed for three months before that term when the parties had to appear before the court in connection with consideration of this high-profile case. Oracle submitted the corresponding claim three years ago, having made a complaint to division of SAP - TomorrowNow.

TomorrowNow rendered technical support to clients of systems belonging to Oracle, PeopleSoft and JD Edwards. Oracle accuses the company that her employees from the website of technical support of clients illegally downloaded patches and other materials.

SAP from the very beginning recognized that the staff of the company made a mistake, and practically at once closed the division of TomorrowNow purchased by it in 2005. Now SAP offers competitors recognition of the fault in copyright violation and illegal loading of files that Oracle will dismiss other charges from it.

At the same time, SAP intends to continue to argue the point of view and, in particular, to prove that charges of Oracle partially are groundless. Oracle assessed damages from the event at "billions of dollars" whereas "the true damage suffered by the company is measured by at most tens of millions", said in the official statement of SAP.

"SAP admits not only the fact that TomorrowNow made a mistake, but also the claimant's right to compensation which directly is the financial responsibility of SAP. However, this compensation should be calculated proceeding from objective reality and under the law", - wrote lawyers of the defendant of the company. SAP also asks about that the term of judicial proceedings was reduced to two weeks against planned to six. Representatives of Oracle did not respond to the offer of SAP yet.

Let's remind that in December, 2008 the court rejected two of three points of the claim made by Oracle corporation of SAP company in connection with the activity of employees belonging to it at that moment of TomorrowNow. These points concern copyright violation. The impossibility to confirm accessory of copyright to those divisions of Oracle corporation which appeared in charge became justification for court's decision. However the court confirmed the right of Oracle to make the contract breach lawsuit and illegal actions from TomorrowNow.

At the beginning of January, 2009 SAP announced that for more exact assessment of damage caused to Oracle the corporation should open indicators of the profit got by it directly from rendering services in support of the JD Edwards and PeopleSoft software products. So far Oracle did not take this step.