SAP Not Without Fault
While it appears that Ellison is seeking
SAP isn't without fault. Last
July, after conducting its own internal investigation,
CEO Henning Kagermann admitted that
TomorrowNow employees had indeed improperly downloaded Oracle documentation to
TomorrowNow's servers. But, said Kagermann,
had no knowledge of the documents.
In a prepared statement released July 3, Kagermann made several key points
SAP's defense: that most of Oracle's
documents were downloaded properly; that
does not have access to the wrongfully downloaded documents (or any Oracle
documentation); that TomorrowNow's data is strictly confined behind a firewall
SAP's eyes); and that
had proper downloading procedures in place that were not followed.
"But even a single inappropriate download is unacceptable from my perspective. We regret very much that this occurred. I want to reassure our investors, customers, partners and employees that SAP
takes any departure from the high standards we set for all our businesses very
seriously, regardless of where it occurred or how confined it may be."
Despite Kagermann's statements,
not seemed too rattled by Oracle's claims of large-scale malfeasance. Prior to
the first case management conference last September,
released this statement: "Oracle's statement of -facts' is dramatic but
inaccurate. This case, in short, is about whether TomorrowNow exceeded its customers'
rights in downloading certain materials. That is not a matter of 'corporate
theft on a grand scale.'" On that note,
requested that the case be sent to mediation.
Oracle's Hellinger suggested in Feb. 14's statement that the case going to
mediation should not be considered a win for
"Most cases are referred to [Alternative Dispute Resolution], no date for
mediation has been set, and we are not currently in settlement discussions
SAP]," she said. "In fact,
such discussions are premature."
"Third-party support providers like TomorrowNow depend on their customers permitting the service provider access to their support documents, to provide support for those applications. Even Oracle admits to the appropriateness of this practice," said Kagermann in the July 3 press conference.