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Complaint

Complaint

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Published by: murugan1987 on Aug 07, 2010
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COMPLAINTBINGHAM McCUTCHEN LLPCHRISTOPHER B. HOCKETT (SBN 121539)GEOFFREY M. HOWARD (SBN 157468)ZACHARY J. ALINDER (SBN 209009)BREE HANN (SBN 215695)Three Embarcadero Center San Francisco, CA 94111-4067Telephone: (415) 393-2000Facsimile: (415) 393-2286chris.hockett@bingham.comgeoff.howard@bingham.comzachary.alinder@bingham.com bree.hann@bingham.comDORIAN DALEY(SBN129049)JEFFREYS. ROSS(SBN 138172)500 Oracle ParkwayM/S 5op7Redwood City,CA 94070Telephone: (650) 506-4846Facsimile: (650) 506-7114dorian.daley@oracle.com jeff.ross@oracle.com
Attorneys for Plaintiffs
Oracle Corporation, Oracle USA, Inc.,and Oracle International CorporationUNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIASAN FRANCISCO DIVISIONORACLE CORPORATION, a Delawarecorporation, ORACLE USA, INC., a Coloradocorporation, and ORACLE INTERNATIONALCORPORATION, a California corporation,Plaintiffs,v.SAP AG, a German corporation, SAPAMERICA, INC., a Delaware corporation,TOMORROWNOW, INC., a Texas corporation,and DOES 1-50, inclusive,Defendants.CASE NO.COMPLAINT FOR DAMAGES ANDINJUNCTIVE RELIEF FOR:(1) VIOLATIONS OF THE COMPUTER FRAUD AND ABUSE ACT;(2) VIOLATIONS OF THE COMPUTER DATA ACCESS AND FRAUD ACT;(3) INTENTIONAL INTERFERENCEWITH PROSPECTIVE ECONOMICADVANTAGE;(4) NEGLIGENT INTERFERENCE WITHPROSPECTIVE ECONOMICADVANTAGE;
 
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1COMPLAINT(5) UNFAIR COMPETITION;(6) CONVERSION;(7) TRESPASS TO CHATTELS;(8) UNJUST ENRICHMENT /RESTITUTION;(9) CIVIL CONSPIRACY;(10) AIDING AND ABETTING; AND(11) ANACCOUNTING.DEMAND FOR JURY TRIALPlaintiffs Oracle Corporation, Oracle USA, Inc. (“Oracle USA”), and OracleInternational Corporation (“OIC”) (together “Oracle” or “Plaintiffs”) for their Complaint againstDefendants SAP AG (“SAP AG”), SAP America, Inc. (“SAP America”), TomorrowNow, Inc.(“SAP TN”), and Does 1 through 50 (collectively referred to as “SAP” or “Defendants”), allegeas follows based on their personal knowledge as for themselves, and on information and belief asto the acts of others:
I.INTRODUCTION
1.This case is about corporate theft on a grand scale, committed by thelargest German software company –a conglomerate known as SAP. Oracle is a leadingdeveloper of database and applications software, and SAP is Oracle’s largest enterpriseapplications software competitor.2.Oracle brings this lawsuit after discovering that SAP is engaged insystematic, illegal access to and taking from –Oracle’s computerized customer supportsystems. Through this scheme, SAP has stolen thousands of proprietary, copyrighted software products and other confidential materials that Oracle developed to service its own supportcustomers. SAP gained repeated and unauthorized access, in many cases by use of pretextualcustomer log-in credentials, to Oracle’s proprietary, password-protected customer supportwebsite. From that website, SAP has copied and swept thousands of Oracle software productsand other proprietary and confidential materials onto its own servers. As a result, SAP hascompiled an illegal library ofOracle’s copyrighted software code and other materials. Thisstorehouse of stolen Oracle intellectual property enables SAP to offer cut rate support services to
 
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2COMPLAINTcustomers who use Oracle software, and to attempt to lure them to SAP’s applications software platformand awayfromOracle’s. Through this Complaint, Oracle seeks to stop SAP’s illegalintrusions and theft, to prevent SAP from using the materials it has illegally acquired to competewithOracle, and to recover damages and attorneys’ fees.3.Inlate November 2006, there occurred unusually heavy download activityon Oracle’s password-protected customer support website for its PeopleSoft and J.D. Edwards(“JDE”) product lines. That website, called Customer Connection, permits licensed Oraclecustomers withactive support agreements to download a wide array of copyrighted, proprietarysoftware programs and other support materials. Oracle has invested billions of dollars inresearch, development, and engineering to create these materials, which include programupdates, software updates, bug fixes, patches, custom solutions, and instructional documents– allcopyrighted byOracle –across the entire PeopleSoft and JDE family of software products(the “Software and Support Materials”). Customers who have contracted for support with Oraclehave log-in credentials to access Customer Connection and download Software and SupportMaterials. However, Oracle’s support contracts limit customers’ access and download rights toSoftware and Support Materials pertaining to the customers’ licensed products. Customers haveno contractual right to download Software and Support Materials relating to software programstheyhave not licensed from Oracle, or for which the customers did not purchase support rights.4.The Software and Support Materials are a subset of the technical supportservices that Oracle makes available to its customers that have licensed Oracle software programs and purchased the right to receive technical support services related to them. The fullsuite oftechnical support services (also known as “support” or “maintenance”) generallyincludes three types of offerings that Oracle, like most other enterprise software vendors, makesavailable to its licensed customers: (i)telephone or email access to Oracle’s support techniciansregarding the operation of Oracle’s software; (ii)software programcode for the customers’licensed software programs which adds new functionality or features to the software (generallyreferred to as “software updates”), orthat addresses errors or “bugs” in the software program(generallyreferred to as “software patches”); and (iii)“knowledge management” articles that

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