Judge rejects Oracle's $1.3 billion award against SAP

Judge rejects Oracle's $1.3 billion award against SAP

Summary: In a surprising twist, a judge has reversed a major ruling in favor of Oracle against SAP in a corporate theft trial.

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TOPICS: Oracle, SAP
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Oracle is involved in a number of legal battles at the moment -- most notably with Google and HP, among others -- but a new ruling on Thursday is shaking everything up.

U.S. District Judge Phyllis Hamilton is rejecting a $1.3 billion award that a jury offered to Oracle months ago in its corporate theft trial against SAP. That decision can be read online on SAP's website.

Here's a copy of the new ruling:

Oracle Sap New Trial

Oracle originally argued that SAP's subsidiary TomorrowNow wrongfully and illegally downloaded millions of Oracle files.

The reversal is not to say that the judge doesn't side with Oracle at all. Instead, Hamilton believes the actual damages to Oracle were worth only $272 million. A significant difference, obviously, which will definitely not please Oracle. But it's still a hefty chunk of change.

Oracle has two options here: either accept the $272 million award and move on, or go back in for a new trial. Larry Ellison's company still has not responded publicly to the decision yet.

However, given how many resources are being plugged into its lawsuit with Google over Android and Java patent infringement, it might be better for Oracle to just take this money and run.

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Topics: Oracle, SAP

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33 comments
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  • RE: Judge rejects Oracle's $1.3 billion award against SAP

    I hate Oracle. It's like having to deal with the big fat bully in the playground. These guys should focus on being productive instead of suing America into oblivion...
    zd@...
    • RE: Judge rejects Oracle's $1.3 billion award against SAP

      @zd@... +1
      KJSOARES2
    • RE: Judge rejects Oracle's $1.3 billion award against SAP

      @zd@... I know, I think these guys don't produce software anymore... they might as well disband and create a patent litigation office.
      tatiGmail
      • RE: Judge rejects Oracle's $1.3 billion award against SAP

        @tatiGmail SCO flashbacks anyone?
        SinfoCOMAR
    • RE: Judge rejects Oracle's $1.3 billion award against SAP

      @zd@...

      Same can be said about Microsoft..... Don't want our software, ok. It's AUDIT TIME. Or, don't want XXX well tough you have to buy it anyway....
      itguy10
      • RE: Judge rejects Oracle's $1.3 billion award against SAP

        @itguy10 LOL! What are you smoking? Nobody wants Microsoft's software? They've sold 400 million licenses of Windows 7, and over 120 million copies of Office. Yeah, nobody wants Microsoft's software.

        As for Microsoft's Android lawsuits, when Google stops stealing other companies technology, which you seem to endorse, and either license the technology or build an OS that's foundation is not based on code you don't own.
        jhammackHTH
      • RE: Judge rejects Oracle's $1.3 billion award against SAP

        @itguy10
        is Joker of the year.
        Ram U
      • Weird reaction

        @jhammackHTH<br>People do not seem to want WP7 and MS seems to want to block the competition or get "compensated" by it by patent litigation.<br>Stealing??? The judge and maybe a jury has still to decide if there was any copyright or license infringement. Stealing open source? Stealing where Oracle, the owner of the patents, itself does not know what is true and false. Some half of the claims will probably be declared invalid. How should Google know if Oracle was just joking or serious?<br>If my car reaches only 50% of the time it's destination, I have no car. Do I have a claim if there is a 50% chance that a claim is valid?<br>They should restart from zero the negotiations taking in account the new situation and leave the legal system in peace, so it can do real important work.
        somereader
      • Reply to jhammackHTH.

        Your idea of Microsoft sales is interesting. Good for you trying to give full credit to Microsoft. Computers without an OS are pretty dull ... just a flashing bar. Computer's take on the personality of the OS. The OS becomes the computer. <br><br>Don't be too quick to assign Microsoft as some kind of sales leader. They are not. Microsoft is a habit and people will accept whatever happens to be installed. Android proved that theory. It's the sales leader in smart phones and people have become used to it. <br><br>There is no Microsoft in the smart phone arena, just Android and Apple and Android is Linux, using the same Linux kernel I'm using to write this. Android and Apple provide phones to customers without using AV, something Microsoft cannot do, due to it's insecure source code. Smart phone customers don't use AV now and if Microsoft is to try and sell phones, they also have to sell using AV. That is tough now since millions of users are acclimated to using Android and Apple smart phones as grab-and-go devices without the hassles of AV, viruses or botnets.<br><br>Microsoft has, for decades, convinced users that AV is necessary. I haven't used AV in nine years with Linux and have never been infected or suffered any inconvenience due to viruses, botnets or spyware. If Linux was installed on computers by the OEM's it would easily display the same popularity.<br><br>Microsoft is in the fight of it's life with the creators of the Windows only TDL-4 botnet. It infected 4.5 million Windows users in the first three months of 2011. Its a botnet that infects the master boot record (MBR) of the users' hard drive (rootkit). It then starts before Windows starts and takes complete control of the computer. It has been discovered that the creators openly advertise it on a website, have written two firefox add-ons and accept Visa, MasterCard, American Express and PayPal payments for rentals of the infected computers for anonymous proxy use by virtually anyone. Of course, infected users don't know they are infected. A fact that has allowed ZDNet to completely ignore the issue for 9 months while there are over 80,000 web postings returned when you do a google search ("tdl4"+"rootkit"). Feeling a little bit left in the dark here at ZDnet? .<br><br>Here's an excellent security article on the open selling of the Windows botnet infected computers to the public. :<br><br>http://krebsonsecurity.com/2011/09/rent-a-bot-networks-tied-to-tdss-botnet/<br><br><i><font color=navy>"But its remarkable that those responsible for TDSS feel so invulnerable that they are comfortable advertising their work in such a public fashion."</font></i>
        Joe.Smetona
    • RE: Judge rejects Oracle's $1.3 billion award against SAP

      Give me a break. It's not like Apple's recent lawsuit against Samsung--"Your pad computer looks kind of like our pad computer". This was blatantly downloading copyrighted code and reselling it as their own. If you don't think a company deserves protection from that, you don't care about intellectual property at all.
      john_bush@...
      • RE: Judge rejects Oracle's $1.3 billion award against SAP

        @john_bush@... Protection YES, BUT it's time to get real with awards that go way past what should be realistic! That said, what SAP did was to seek relief from a "hypothetical" damage award. In short I would have done the same thing, because 'hypothetical' is NOT the same as actual damages! If we start allowing the judicial system to award based on hypothesis, then there won't be any businesses left that can afford insurance costs, and even large businesses like MS will close the doors, putting thousands of us out of work, and unable to get another job that we've been trained for! I for one, don't like the prospect at my age of retraining for a different field of endeavor!
        barefoot1976
      • joke

        @john_bush@...
        Intellectual property in the case of software is a joke, as any developer can confirm.
        somereader
  • I like how the ruling is in the future

    ... in the SAP bit that is enclosed, it says

    On November 23, 2011, the jury returned a verdict ....
    tony@...
  • RE: Judge rejects Oracle's $1.3 billion award against SAP

    Apple and Oracle have become the top 2 most hateful companies these days.
    laman
    • RE: Judge rejects Oracle's $1.3 billion award against SAP

      @laman At least Apple innovates and creates fairly slick products. When a gramma can use a smartphone, you know that it's good for that demographic ! :-) Oracle just feels like a bully at all levels....
      zd@...
    • RE: Judge rejects Oracle's $1.3 billion award against SAP

      @laman

      Naaah, Microsoft is still up there on the hateful radar. Pretty scummy company to deal with, IMHO.
      itguy10
      • RE: Judge rejects Oracle's $1.3 billion award against SAP

        We get it, you hate Microsoft.
        Michael Alan Goff
      • RE: Judge rejects Oracle's $1.3 billion award against SAP

        @itguy10 Sounds like they did you wrong buddy. Wanna share with us what MS did to you?
        Mr. Wet
      • RE: Judge rejects Oracle's $1.3 billion award against SAP

        @itguy10 You've never dealt with Microsoft. You're just a scummy little troll.
        jhammackHTH
      • RE: Judge rejects Oracle's $1.3 billion award against SAP

        @Mr. Wet<br>Oh, he is just being jealous about them. It seems he was denied for a job there a good number of times.
        Ram U