On Monday during the court sessions several key witnesses of SAP in the matter of TomorrowNow gave evidences. Including two heads of Oracle, three clients and the codirector of SAP company Bill McDermott who apologized to Oracle for actions of his company. It will be much told about how the lawyer of Oracle David Boies took apologies during cross-examination, but actually McDermott began to apologize earlier.
However, to it, as well as other heads of SAP, it was succeeded to separate from serious charges of copyright violation of TomorrowNow company personally: coincidence in 5 million files is counted, the judge Phyllis Hamilton in the instruction told jurors. Unlike the former chairman of SAP Henning Kagermann and the member of executive council Gerd Oswald which could not remember anything and also Werner Brandt claiming that SAP is not guilty Makdermott just explained: it has with it nothing in common - its work in receiving the software of SAP for sale, and that, acquisition of TomorrowNow could help - from area of a fantasy.
But Makdermott went further away, having told that he never believed in TomorrowNow value, that it promotes sales of the software of SAP. "I always thought that they are quite scattered and make mistakes", - he told. When he was asked why he never opposed acquisition, Makdermott answered that it did not enter into group of decision making. "I was engaged in marketing... I was out of the program of creation of profitability [in the software of SAP]". On a question whether TomorrowNow purchase was an error, Makdermott answered that TomorrowNow did much harm SAP.
When Boyce's queue came, he still clicked Makdermott, having asked someone from responsibles about punishment. Nobody bore responsibility, Makdermott answered. Then Boyce asked whether SAP apologized to Oracle, and Makdermott answered that he did not apologize, and then seized the opportunity to make it: "I apologize to Oracle!" Boyce answered: "I think, it is important, what occurs". Makdermott agreed with him.
It was the moment, maybe, a little awkward for Makdermott. But very clear for court which defined: SAP did harm to Oracle. Point which, perhaps, was missed in the confusion created by board members of SAP.
Makdermott holds the opinion that SAP would insist on payment of "running royalty" of licenses of the software of Oracle. He noted that there is an agreement of his company on a product - the Oracle database. Boyce noted that SAP pays the one-time amount for the license for Oracle Java. Also it was made a fresh start.
At last, SAP showed a video of introduction of money by three clients, each of which departed from Oracle for various reasons. Lexmark stated that it changed SAP for Oracle on the basis of 300-mark process evaluation which does not affect service TomorrowNow; McLennan County Texas just wanted to provide support of old software versions which was stopped by Oracle, and addressed TomorrowNow, and Sara Lee purchased Earth Grains, and integrated the platforms (Oracle) on SAP. It is quite probable that these clients are used for demonstration of the reasons for which clients leave the large company of the software or they argue, counting the lost clients of Oracle.
Tuesday (today) will begin with expert indications of damage which was caused by SAP. It means that closing of listenings can take place on Friday.
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