$1.3 Billion Ruling in Oracle-SAP Piracy Lawsuit
Imagine your company were forced to pony up $3.3 million in damages for software license infringement. Unbelievable though it may seem, this was the actual amount of the judgment in a 2007 piracy lawsuit against an unnamed international media firm. The ruling broke the record for the largest copyright infringement penalty in the BSA’s history–a record that towered far above all others for over three years.
Now, imagine the judgment against your company were for $1.3 BILLION (equivalent to the entire GDP of Belize!). Inconceivable? Absolutely–up until last week, when SAP assumed the role of the world’s most ignominious software pirate after being convicted of copyright infringement by a California jury.
The high-profile case involved charges stemming from SAP’s acquisition of TomorrowNow, a company that provided services and support to customers of PeopleSoft and JD Edwards, both of which were acquired by Oracle in 2005. TomorrowNow, under new ownership of SAP, was accused by Oracle of routinely (and illegally) downloading Oracle software outside the scope of patches and bug fixes to which TomorrowNow’s existing customers were contractually entitled. Initially, Oracle filed ten charges against SAP, among them copyright infringement, unlawful computer access, unfair competition, and breach of contract.




