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BINGHAM McCUTCHEN LLP CHRISTOPHER B. HOCKETT (SBN 121539) GEOFFREY M. HOWARD (SBN 157468) ZACHARY J. ALINDER (SBN 209009) BREE HANN (SBN 215695) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: (415) 393-2000 Facsimile: (415) 393-2286 chris.hockett@bingham.com geoff.howard@bingham.com zachary.alinder@bingham.com bree.hann@bingham.com DORIAN DALEY (SBN 129049) JEFFREY S. ROSS (SBN 138172) 500 Oracle Parkway M/S 5op7 Redwood City, CA 94070 Telephone: (650) 506-4846 Facsimile: (650) 506-7114 dorian.daley@oracle.com jeff.ross@oracle.com

Attorneys for Plaintiffs

Oracle Corporation, Oracle USA, Inc., and Oracle International Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

ORACLE CORPORATION, a Delaware corporation, ORACLE USA, INC., a Colorado corporation, and ORACLE INTERNATIONAL CORPORATION, a California corporation, v. Plaintiffs,

CASE NO. COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF FOR: (1) VIOLATIONS OF THE COMPUTER FRAUD AND ABUSE ACT; (2) VIOLATIONS OF THE COMPUTER DATA ACCESS AND FRAUD ACT; (3) INTENTIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE; (4) NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE;

SAP AG, a German corporation, SAP AMERICA, INC., a Delaware corporation, TOMORROWNOW, INC., a Texas corporation, and DOES 1-50, inclusive, Defendants.

COMPLAINT

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(5) UNFAIR COMPETITION; (6) CONVERSION; (7) TRESPASS TO CHATTELS; (8) UNJUST ENRICHMENT / RESTITUTION; (9) CIVIL CONSPIRACY; (10) AIDING AND ABETTING; AND (11) AN ACCOUNTING. DEMAND FOR JURY TRIAL

Plaintiffs Oracle Corporation, Oracle USA, Inc. (“Oracle USA”), and Oracle International Corporation (“OIC”) (together “Oracle” or “Plaintiffs”) for their Complaint against Defendants 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”), allege as follows based on their personal knowledge as for themselves, and on information and belief as to the acts of others: I. INTRODUCTION 1. This case is about corporate theft on a grand scale, committed by the

largest German software company – a conglomerate known as SAP. Oracle is a leading developer of database and applications software, and SAP is Oracle’s largest enterprise applications software competitor. 2. Oracle brings this lawsuit after discovering that SAP is engaged in

systematic, illegal access to – and taking from – Oracle’s computerized customer support systems. Through this scheme, SAP has stolen thousands of proprietary, copyrighted software products and other confidential materials that Oracle developed to service its own support customers. SAP gained repeated and unauthorized access, in many cases by use of pretextual customer log-in credentials, to Oracle’s proprietary, password-protected customer support website. From that website, SAP has copied and swept thousands of Oracle software products and other proprietary and confidential materials onto its own servers. As a result, SAP has compiled an illegal library of Oracle’s copyrighted software code and other materials. This storehouse of stolen Oracle intellectual property enables SAP to offer cut rate support services to 1 COMPLAINT

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customers who use Oracle software, and to attempt to lure them to SAP’s applications software platform and away from Oracle’s. Through this Complaint, Oracle seeks to stop SAP’s illegal intrusions and theft, to prevent SAP from using the materials it has illegally acquired to compete with Oracle, and to recover damages and attorneys’ fees. 3. In late November 2006, there occurred unusually heavy download activity

on Oracle’s password-protected customer support website for its PeopleSoft and J.D. Edwards (“JDE”) product lines. That website, called Customer Connection, permits licensed Oracle customers with active support agreements to download a wide array of copyrighted, proprietary software programs and other support materials. Oracle has invested billions of dollars in research, development, and engineering to create these materials, which include program updates, software updates, bug fixes, patches, custom solutions, and instructional documents – all copyrighted by Oracle – across the entire PeopleSoft and JDE family of software products (the “Software and Support Materials”). Customers who have contracted for support with Oracle have log-in credentials to access Customer Connection and download Software and Support Materials. However, Oracle’s support contracts limit customers’ access and download rights to Software and Support Materials pertaining to the customers’ licensed products. Customers have no contractual right to download Software and Support Materials relating to software programs they have 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 support

services 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 full suite of technical support services (also known as “support” or “maintenance”) generally includes three types of offerings that Oracle, like most other enterprise software vendors, makes available to its licensed customers: (i) telephone or email access to Oracle’s support technicians regarding the operation of Oracle’s software; (ii) software program code for the customers’ licensed software programs which adds new functionality or features to the software (generally referred to as “software updates”), or that addresses errors or “bugs” in the software program (generally referred to as “software patches”); and (iii) “knowledge management” articles that 2 COMPLAINT

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help with problem solving and provide suggestions relating to the customer’s use of licensed software programs. Because of the complexity of enterprise software applications and the business environments in which they run, regular software updates and patches and knowledge management articles are critical components of a software maker’s support offering. For purposes of this case, Oracle’s claims against SAP only concern Oracle’s Software and Support Materials, and not Oracle’s provision of telephone or online assistance in response to customers’ support queries. 5. The access and download activity Oracle observed on its systems in late

November and December 2006 did not resemble the authorized, limited access to which its customers were entitled. Instead, SAP employees using the log-in credentials of Oracle customers with expired or soon-to-expire support rights had, in a matter of a few days or less, accessed and copied thousands of individual Software and Support Materials. For a significant number of these mass downloads, the users lacked any contractual right even to access, let alone copy, the Software and Support Materials. The downloads spanned every library in the Customer Connection support website. For example, using one customer’s credentials, SAP suddenly downloaded an average of over 1,800 items per day for four days straight (compared to that customer’s normal downloads averaging 20 per month). Other purported customers hit the Oracle site and harvested Software and Support Materials after they had cancelled all support with Oracle in favor of SAP TN. Moreover, these mass downloads captured Software and Support Materials that were clearly of no use to the “customers” in whose names they were taken. Indeed, the materials copied not only related to unlicensed products, but to entire Oracle product families that the customers had not licensed. 6. For example, in January 2007, a user on an SAP TN computer signed in as

Oracle customer Honeywell International, Inc., a Fortune 100 technology and manufacturing company, to access Oracle’s support system and copy literally thousands of Oracle’s Software and Support Materials in virtually every product library in every line of business. This copying went well beyond the products that Honeywell had licensed and to which it had authorized access. In other examples, users from SAP TN logged in using the credentials of recently 3 COMPLAINT

These “customer users” supplied user information (such as user name. and phone number) that did not match the customer at all.000 unauthorized downloads of Software and Support Materials relating to hundreds of different software programs. some users logged in with the user names of “xx” “ss” “User” and “NULL.. For example. and downloaded Software and Support Materials even after the customer had dropped its support rights with Oracle. like Metro Machine Corp. the access originated from an internet protocol (IP) address in Bryan.com” and fake phone numbers such as “7777777777” and “123 456 7897. Employing these techniques. In some cases. 9.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 departed customers. SAP users effectively swept much of the contents of Oracle’s system onto SAP’s servers. Oracle’s server logs have recorded access through this same IP address by computers labeled with SAP identifiers using SAP IP addresses. one user name connected to an SAP IP address appears to have logged in using the credentials of seven different customers in a span of just 15 days – all from SAP computers in Bryan. SAP employees used the log-in IDs of multiple customers. Across its entire library of Software and Support Materials in Customer Connection. email address. Oracle to date has identified more than 10. Texas.” Others used phony email addresses like “test@testyomama. including the ones described above. For example. SAP TN is a company that purports to provide technical support services on certain versions of Oracle’s PeopleSoft and JDE software programs. or 4 COMPLAINT .” In other cases. 8. Texas. this user information did not match anything: it was fake. Oracle has found many examples of similar activity. All of these customers whose IDs SAP appropriated had one critical fact in common: they were. an SAP America branch office location and home of its wholly-owned subsidiary SAP TN. Indeed. combined with phony user log-in information. Texas IP address used to access and download Oracle’s Software and Support Materials is connected directly to SAP’s computer network. SAP blended log-in information from multiple customers with fake information. The Bryan. 7. to gain access to Oracle’s system under false pretexts. Rather. In many instances. This systematic theft of Oracle’s Software and Support Materials did not originate from any actual customer location.

a software company acquired by PeopleSoft. this theft appears to be an essential – and illegal – part of SAP’s competitive strategy against Oracle. Oracle had previously announced that in January 2005 it would complete its acquisition of PeopleSoft. aimed at taking market share from No. One industry analyst stated that. copyrighted Software and Support Materials. is developing a ‘super set’ of applications. * 11. SAP AG’s hasty acquisition of SAP TN was widely perceived as a response to the new competitive threat from Oracle. As explained below. Not by coincidence. new customers of SAP TN – SAP AG’s and SAP America’s software support subsidiary whose sole purpose is to compete with Oracle. called Project Fusion. “After the acquisition of PeopleSoft earlier this year. and support. developers. Industry observers noted this fundamental shift in the competitive landscape.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 were just about to become. “Oracle Corp. an independent software support company founded by former PeopleSoft software engineers. Oracle said it has thousands of developers building the new application suite. SAP apparently has now warehoused an extensive library of Oracle’s proprietary. Oracle officially became a player on SAP’s turf. revenue comes from three basic activities: (a) license of the underlying software. 12.” Another mused. increasing Oracle’s potency as a competitor to SAP AG for enterprise applications software. through SAP America.” 13. SAP AG acquired SAP TN. 5 COMPLAINT . Edwards World Solutions. and support technicians. In January 2005. combining features from the PeopleSoft and JDE1 software and its CEO Larry Ellison has been vocal about his intentions to take market share away from SAP. 10. * * In the world of enterprise software applications. SAP’s own statements confirmed it. Inc. consulting. 1 ranked SAP. and (c) support contracts to keep the software updated and upgraded. in 2003.D. As a result of this illegal activity. SAP AG spokesman Bill Wohl vowed that SAP AG would use SAP TN to “keep the pressure on 1 “JDE” refers to J. (b) consulting relating to the implementation and operation of the software.

Nevertheless. following: · More than 10. or the day of. explicitly designed to transition customers away from Oracle products and onto the SAP software platform. by way of example. much less the 50% discount promoted by SAP.000 illicit downloads from Customer Connection between September 2006 and January 2007. These facts raised questions about how SAP could offer the type of comprehensive technical support services on Oracle programs that customers of enterprise applications typically require. SAP America’s CEO. the 6 COMPLAINT SAP’s unlawful copying and theft includes. with indications that this number may go significantly higher if traced further back in time. a program aimed at siphoning off valuable software maintenance revenue from Oracle and persuading Oracle customers to switch software products [to SAP]. · A systematic pattern of “sweeping” Oracle’s Customer Connection support website from SAP TN servers just days before. Bill McDermott. As reported in industry publications. Bill McDermott. 14. Publicly.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Oracle” by exploiting legacy PeopleSoft customers’ perceived unease about Oracle’s commitment to support legacy PeopleSoft software. 15.” But win at what cost? SAP appears to have taken a short cut to equip itself to support Oracle’s software programs at half Oracle’s price.” In connection with the SAP TN acquisition. crowed “There’s nothing that I love more than to win. SAP TN did not appear to have the development capability to meet the support commitments advertised in the “Safe Passage” brochures at any price. or even come close to it. SAP stole much of the Software and Support Materials directly from Oracle. SAP TN’s services “form[ed] the basis of [SAP AG’s] Safe Passage initiative.” Although SAP America President and CEO. It certainly did not match Oracle’s investment in development resources. Indeed. SAP advertised this strategy as its “Safe Passage” program. committed to throw “a lot of additional resources” behind SAP TN (which consisted of only 37 employees in total). the . SAP appeared to focus more on growing the SAP TN sales force rather than investing in or expanding SAP TN’s tiny development team. industry observers deemed the “Safe Passage” program “measurably more aggressive.” and a sign that “SAP has taken the gloves off.

· On multiple occasions. clearly-marked internal proprietary Oracle support documents not available even to licensed. and to attempt to convert these customers to SAP software applications. 7 COMPLAINT . In short. Oracle has no adequate remedy at law for the harm threatened and caused by these acts. its many employees. authorized customers or through normal access to Oracle’s Customer Connection system.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16.” SAP has been engaged in a systematic program of unfair. and its customers. · The improper access to. SAP has taken Oracle’s Software and Support Materials and apparently used them to insinuate itself into Oracle’s customer base. unlawful. expiration of a new SAP TN customer’s support contract with Oracle. and deceptive business practices that continues to this day. These illegal business practices threaten to cause irreparable harm to Oracle. and theft of. in the purported name of customers that had never licensed those products and had no legal access to them. · Accessing and downloading Software and Support Materials across multiple product lines in multiple lines of business available on the Customer Connection support website. wholesale copying of vast libraries of available Software and Support Materials from Oracle’s Customer Connection support website through downloads too rapid to permit any real-time use of the downloaded Software and Support Material. Oracle also has concerns that SAP may have enhanced or improved its own software applications offerings using information gleaned from Oracle’s Software and Support Materials. Through its illegitimate and illegal business practices. the indiscriminate. to try to “keep the pressure on Oracle. or in some cases on behalf of former Oracle customers with no access rights to Oracle’s Software and Support Materials whatsoever.

(“PeopleSoft”) and JDE.. SAP TN is a Texas corporation with its principal place of business in Bryan. Oracle Corporation is a Delaware corporation with its principal place of business in Redwood City. 20. The corporate relationship of the three named defendants is set forth in the chart below. Walldorf.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II. Oracle USA is the successor to PeopleSoft USA. 18. 8 COMPLAINT . Inc. SAP America is a Delaware corporation with its principal place of SAP AG is a German corporation with its principal place of business in business in Newtown Square. County of San Mateo. State of California. with its only place of business in Redwood City. County of San Mateo. OIC is a California corporation duly authorized to do business in the State of California. Oracle USA is a Colorado corporation duly authorized to do business in the State of California. Oracle Corporation develops and licenses database and applications software programs and provides related services around the world. Oracle USA develops and licenses database and applications software programs and provides related services. County of San Mateo. Texas. Oracle Corporation and Oracle USA are authorized to license to end users the copyrighted computer software programs and other works at issue in this action. with its principal place of business in Redwood City. State of California. 22. Pennsylvania. SAP America is a wholly-owned subsidiary of SAP AG. State of California. 19. 21. OIC is the owner of the copyrights at issue in this action. Germany. Oracle Corporation and Oracle USA are the licensees of the copyrights at issue in this action. Directly and through its subsidiaries. SAP TN is a wholly-owned subsidiary of SAP America. THE PARTIES 17. 23.

partner. servant. SAP AG (German Parent Corporation) SAP America (Wholly-owned U. had full knowledge of and gave substantial 9 COMPLAINT . Subsidiary) Oracle is currently unaware of the true names and capacities of Does 1 through 50. Similarly.S. license. including Does 1 through 50. subsidiary. SAP AG negotiates and enters into software license and support agreements directly within the United States and. At all material times.S. specifically in this judicial district. SAP AG also holds an annual meeting of its Board of Directors in Palo Alto. 25. Defendants all are doing business in and/or have directed their activities at California. through its 100% ownership of both SAP America and SAP TN. alter ego. unincorporated association. and support customers in California and in this judicial district. employee. or co-conspirator of the others. Oracle will amend this Complaint to allege their true names and capacities when ascertained. SAP America and SAP TN advertise. promote. parent. Subsidiary) SAP TN (Wholly-owned U. and specifically this judicial district. By way of example only. whether individual. 27. through its 100% ownership of SAP TN. joint venturer. negotiates certain software-related contracts directly with Oracle that contain provisions by which SAP AG consents to the jurisdiction of California courts and the application of California law. affiliate. inclusive. or otherwise. service. corporation. at all material times. was the agent.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24. SAP AG had both the right and the authority to control the actions of both corporations. sell. each of the Defendants. 26. and therefore sues these defendants by such fictitious names. partnership. SAP America had both the right and authority to control the actions of SAP TN. representative. and finances the sales and promotional activities of both SAP America and SAP TN throughout the United States and in California. At all material times. California.

C. representation. IV.S. FACTUAL ALLEGATIONS A.C. because a substantial part of the events giving rise to the dispute occurred in this district. V.C. 17 U. §§ 101. and this Court has subject-matter jurisdiction over this action pursuant to 18 U.D.R. joint venture. partnership. §§ 1030 et seq. et seq. III.S. because a substantial part of the events giving rise to the claims occurred in San Mateo County and a substantial part of the property that is the subject of the action is situated in San Mateo County. § 1367 because these claims are so related to Oracle’s claims under federal law that they form part of the same case or controversy and derive from a common nucleus of operative facts. each was acting within the scope of such agency. and the Court will have subjectmatter jurisdiction over those claims pursuant to 28 U. Oracle’s first cause of action arises under the Computer Fraud and Abuse Act. and the first to receive J..S.C. pursuant to 28 U. VENUE 30. Oracle is the world’s largest enterprise software company. and each is legally responsible for the acts and omissions of the others.S. VI. This Court has supplemental subject matter jurisdiction over the pendent state law claims under 28 U. service. Assignment is proper in this division under Civil L. when the relevant copyright registrations issue. § 1391.. Venue in this district is appropriate. Power & Associates’ global certification for outstanding service and support based 10 COMPLAINT .1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 assistance to the alleged activities. § 1331. and in doing the things alleged. or conspiracy. 18 U.S.S. INTRADISTRICT ASSIGNMENT 31. 29. 3-2 (c) and (d).C.S. Oracle’s Software and Support Materials 32. § 1030(g) and 28 U. Oracle will seek to amend this Complaint to add claims for copyright infringement under the Copyright Act. affiliation. § 1338.C. employment. and the Court has personal jurisdiction over each of the parties as alleged throughout this Complaint. a substantial part of the property that is the subject of the action is situated in this district. In addition. JURISDICTION 28.C.

Oracle’s software offerings include database. Oracle’s license agreements with its customers may vary according to the products licensed. middleware. or lease of the software to third parties. 34. that software. without limitation. Among other things. Oracle’s license agreements define Oracle’s confidential information to include. and applications software programs. Oracle does not sell ownership rights to its software or related support products to its customers. 33. As defined in one illustrative license agreement. those rules prohibit access to. markets. its object and source code. through the terms of use: You agree that access to Customer Connection…will be granted only to your designated Oracle technical support contacts and that the Materials [on the support website] may be used solely in support of your authorized use of the Oracle Programs for which you hold a supported license from Oracle.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 on measuring customer satisfaction worldwide. “software” specifically includes the update products made available to customers as part of the support contracts that customers purchased from Oracle. or patches to those software programs the customers have expressly licensed from Oracle and have the right to use. or use of. 36. licensed customers can. and any sublicense. rent. but all of the relevant license agreements for what is now Oracle software set comparable rules for access to. and services software designed to help its customers manage and grow their business operations. and any associated documentation or service offerings. Oracle develops. use. any portion of the software not expressly licensed and paid for by the licensee. including because the customers originally contracted with companies later acquired by Oracle. 35. As is typical in the enterprise software industry. Oracle’s customers purchase licenses that grant them limited rights to use specific Oracle software programs with Oracle retaining all intellectual property rights in these works. and use of. Oracle’s software. manufactures. Oracle also restricts access to the Customer Connection technical support website. purchase some set of technical support services that include the right to obtain upgraded products such as updates. Instead. bug fixes. and typically do. disclosure. In addition. the Materials may not be used to provide services for or to third 11 COMPLAINT . distributes. Unless specifically provided in your licensing or distribution agreement with Oracle.

other than to support your authorized use of the Oracle Programs for which you hold a supported license from Oracle…. If you do not have a confidentiality agreement in effect with Oracle / PeopleSoft / JDEdwards. 40.” 39. 37.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 parties and may not be shared with or accessed by third parties. or otherwise copy in any form or by any means the information contained in the Materials for any purpose. a user must also specifically agree to additional terms of use and restrictions specified in Oracle’s Legal Download Agreement: Your username and password are provided to you for your sole use in accessing this Server and are confidential information subject to your existing confidentiality agreement with Oracle / PeopleSoft / JDEdwards. proprietary and copyrighted nature of the Software and Support Materials available for download: Any software that is made available to download from this server (“Software”) is the copyrighted work of Oracle / PeopleSoft / 12 COMPLAINT . Access to the secured areas of Customer Connection is also governed by Special Terms of Use. The Legal Download Agreement also puts the user on notice as to the confidential. By using the secured website. transmit. the user agrees to accept and comply with these Special Terms of Use. reproduce. The Special Terms of Use clearly provide that: “Use of such CONFIDENTIAL and PROPRIETARY information and materials for any other purpose is strictly prohibited. The terms of use explicitly describe the confidential nature of the material on Customer Connection: “the information contained in the Materials [on Customer Connection] is the confidential proprietary information of Oracle. The Special Terms of Use provide that access is only permitted via the user’s “personal username and password” and that all materials on the secured website are confidential and proprietary.” (emphasis supplied) 38. disclose. you are hereby notified that your username and password are confidential information and may only be distributed to persons within your organization who have a legitimate business purpose for accessing the materials contained on this server in furtherance of your relationship with Oracle / PeopleSoft / JDEdwards. You may not use. Prior to downloading Software and Support Materials from Oracle’s support websites.

such as a Software Application Request (“SAR”) through the SAR Search Web Application. The Legal Download Agreement further restricts use of documents downloaded from the website: Permission to use Documents (such as white papers. The Software is part of the Licensed Products under the License Agreement and may only be downloaded if a valid License Agreement is in place between you and Oracle / PeopleSoft / JDEdwards. All Software is confidential information of Oracle / PeopleSoft / JDEdwards and its use and distribution is governed by the terms of the software license agreement that is in effect between you and Oracle / PeopleSoft / JDEdwards (“License Agreement”). The terms further provide that the “software is part of the Licensed Products under the License Agreement” and “is made available for downloading solely for use by licensed end users according to the License Agreement.” To download a SAR. (2) use of such Documents from this Server is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media. These terms notify the user that the software available to download from Oracle is Oracle’s copyrighted material.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JDEdwards and/or its affiliates or suppliers. 41. users accessing specific materials. In addition. provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear. COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. datasheets and FAQs) from this server (“Server”) is granted. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited. Use for any other purpose is expressly prohibited. 42. WITHOUT LIMITING THE FOREGOING. and (3) no modifications of any Documents are made. agree to additional legal restrictions. press releases. software action requests. product or upgrade announcements. the user must click on a button indicating that it accepts these terms. The Software is made available for downloading solely for use by licensed end users according to the License Agreement and any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited. 13 COMPLAINT .

and geographic and product scope. despite not owning any of the software code for. Oracle launched the newly-united company and unveiled. One way was to hit at Oracle’s customer base – and potentially increase its own – by acquiring and bankrolling a company that claimed the ability to compete with Oracle support and maintenance services on Oracle’s own software products. at its headquarters with more than 48. 14 COMPLAINT . SAP AG instead considered how to undermine Oracle. SAP AG CEO Henning Kagermann claimed that even with PeopleSoft.” After the merger. Oracle Threatens To Unseat SAP 43. 46. Oracle completed its acquisition of PeopleSoft to emerge as the second-largest provider of business software applications in the world and the first to rival SAP AG in market share. As SAP America’s Vice President of Operations. SAP AG’s top executives publicly downplayed the threat that a combined Oracle and PeopleSoft entity would pose to its competitive position for business software applications. SAP AG suddenly found itself in a far different competitive environment than the one in which it had grown comfortable. As SAP AG reeled. how the nearly 50. Rather than improve its own products and offerings. 2005.000 business applications software customers throughout the world. these same products. events unfolded at a rapid pace: eleven days after its announcement. Richard Knowles.000 people joining by Webcast and phone.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. But SAP AG had no answer for the business proposition the new Oracle offered. 44. broader product line of enterprise applications software programs to compete against SAP AG. 2004 at the trial on the Department of Justice’s unsuccessful effort to block Oracle’s acquisition of PeopleSoft. he even claimed to wish Oracle “good luck” in competing with SAP AG. the combination revitalized Oracle overnight as a competitor in the business software applications business. testified on June 23. Not only do many SAP AG customers use Oracle’s superior database software programs. or intellectual property rights to. but now Oracle offered a deeper. size.000-strong combined workforce of Oracle and PeopleSoft would provide unparalleled innovation and support to 23. Oracle would “not [be] a competitor which could really hurt us. On January 7. 45.

often outdated. SAP AG proposed to buy SAP TN outright and make it a wholly-owned – and wholly-beholden – subsidiary. Texas and founded by former PeopleSoft employees. SAP TN would eventually lose its customer base. SAP TN 47. and later. but a calculated competitive move. in December 2004.” Mackey made Nelson an offer “he couldn’t refuse. It claimed to compete with PeopleSoft. Acquiring SAP TN was not a mere investment by SAP AG. As one industry journalist explained. and to use SAP TN to do it. To retain full control over every detail of its scheme to lure away customers from Oracle. just weeks before Oracle would close the PeopleSoft acquisition. SAP TN was a small software services company. Oracle. So SAP AG had to make the price right. because to the extent SAP AG successfully undermined Oracle by having its customers move from Oracle’s software to SAP AG’s software.” D. by providing low-cost maintenance and support services to PeopleSoft and JDE customers running assorted versions of these software programs. SAP AG’s “front man for SAP AG’s mergers and acquisitions strategy. but – with the Oracle/PeopleSoft 15 COMPLAINT . it instead focuses on simply keeping the software up and running for an annual fee. headquartered in Bryan.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. SAP AG bought “another arrow in its quiver to hunt after Oracle’s customers. however.” 49.” Aligning with SAP AG made little sense for SAP TN. versions of PeopleSoft or JDE software rather than moving to later versions by implementing upgrades that the customers would receive by paying for support services from the software vendors themselves. As described in a glossy spread in a leading industry publication. JDE. SAP TN promised to offer such cheap support “because it is not investing millions of dollars in research and development for future versions of the software. SAP TN claimed that it could cut customer maintenance and support bills in half and give customers a reprieve from software upgrade cycles by allowing customers to remain on older. SAP TN president Andrew Nelson got “the magic phone call” from Jim Mackey. SAP AG has refused to disclose the terms of its SAP TN purchase. As one industry observer put it. SAP Responds To Oracle Competition With Its “Safe Passage” Scheme 48. In December 2004.

” And SAP TN certainly knew its role was to achieve SAP AG’s ends: as SAP TN’s CEO. SAP TN agreed to the deal and cast its lot with SAP AG. SAP would offer cut-rate pricing combined with the promise of essentially unlimited future support to former PeopleSoft and JDE support customers. stated. at the SAP AG annual meeting. ease integration with SAP NetWeaver(TM) and begin the process of innovating their businesses today.” 51. SAP America CEO Bill McDermott claimed “The SAP Safe Passage offering gives companies an affordable way to protect their current investments. SAP AG’s top executives unveiled SAP AG’s acquisition of SAP TN as the centerpiece of its new “Safe Passage” scheme. identified SAP TN as instrumental to the parent company’s “Safe Passage” program. Henning Kagermann. SAP TN’s new parent companies directed it to begin to implement a two-phase plan to increase SAP’s enterprise application market share.” A month later.” The Senior Vice President and Chief Operating Officer of SAP Asia Pacific. We want them to be successful. to lure the support business over. In April 2005. As SAP AG Managing Director Alan Sedghi admitted. Second. in connection with converting Oracle customers to SAP support (via SAP TN). After the acquisition. publicly vowed to bankroll this effort to undermine Oracle by putting “a lot of additional resources into TomorrowNow. SAP AG’s CEO. The CEOs stated the proposition more bluntly. SAP America’s CEO. On January 19. which in turn was part of SAP’s “ongoing strategy to compete with Oracle. admitted that the SAP TN acquisition was “an integral part” of SAP’s Safe Passage program. 50. 52. publicly indicating that SAP TN was authorized and intended to implement SAP AG’s goals. Andrew Nelson. “We're owned by SAP. SAP AG would try to use SAP TN as a means of “speeding-up” the migration of PeopleSoft and JDE users to SAP platforms. Bill McDermott. in barely a month.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 deal about to close – the “magic phone call” conveyed terms rich enough that. Colin Sampson. SAP AG CEO Henning Kagermann confirmed: “We worked with [SAP TN] to very quickly set up a comprehensive program for SAP customers running PeopleSoft and JD Edwards solutions.” 16 COMPLAINT . First. SAP would aggressively campaign to migrate those customers to an SAP enterprise software platform. 2005.

To give teeth to these commingled sales efforts. officially “bundled” with SAP AG enterprise software as a centerpiece of the Safe Passage program. albeit unfounded.000 direct mail solicitations to Oracle customers. To implement Phase Two of its plan (luring Oracle customers to the SAP enterprise software platform). Instead.” 54. It deployed its salespeople to contact potential customers and push them to switch to SAP TN’s services.” (emphasis supplied) SAP America’s website promises that “SAP and TomorrowNow can cut your maintenance costs by as much as 50% through 2015.” and elsewhere says that “Safe Passage maintenance and support are delivered worldwide through TomorrowNow. consider another option: SAP. it took a hands-on approach. 17 COMPLAINT . technology and maintenance services. and Siebel customers – If Oracle’s options have you worried. Beginning in January 2005. the SAP AG sales personnel would pressure the customers to drop Oracle products outright in favor of SAP AG’s suite. PeopleSoft and JDE customer uncertainty about the prospects for long-term. offering significantly lower cost maintenance alternatives to Oracle customers running PSFT/JDE solutions” through 70. 55.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 53. These lower cost alternatives advertised by SAP AG were to come directly through SAP TN.” To exploit the fear it intended to create.” SAP TN’s website confirms its acceptance and undertaking of the SAP-controlled Safe Passage program: “TomorrowNow can also provide our support services as part of the SAP Safe Passage Program. quality support from Oracle. An April 2005 SAP AG press release apparently aimed to increase perceived doubt among Oracle customers by announcing a “second wave” of “Safe Passage. JD Edwards. SAP sales representatives unleashed a torrent of marketing materials designed to exacerbate and leverage perceived. SAP implemented Phase One immediately. SAP provides solutions. SAP AG’s “second wave” included “an intensive customer recruitment campaign. If customers declined to convert to SAP TN. SAP AG did not simply sit back and leave the recruiting of potential Safe Passage customers to SAP TN’s sales force. SAP AG offered maintenance support through SAP TN. As reflected on SAP AG’s website: “SAP offers Safe Passage for PeopleSoft.

SAP grew more desperate. investment protection and a clear road map to the next generation of business software. Bill McDermott. SAP executives touted the Safe Passage program’s limited success in its first year. promised SAP AG would use SAP TN and the Safe Passage program to “fight for” more customers. SAP AG’s CEO.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 56. companies and corporate cultures. “SAP AG plans to announce . SAP AG boasted in a press release that more than 200 customers had signed up for Safe Passage. Léo Apotheker.’s own products [the Siebel products] for a far cheaper price.” How SAP could offer instantaneous. curiously. maintenance services.com after Oracle’s announcement of its impending Siebel acquisition. At the same time. 2005 announcement that it would acquire Siebel Systems. SAP AG continued to tout the success of Safe Passage. and more aggressive. Henning Kagermann. including through its September 12. By July 2006. boasted that Safe Passage “continues to do really well. that it will offer technical support for more of rival software maker Oracle Corp.” SAP’s “cheaper price” (referred to elsewhere as “cut rate” support) continued at “50 cents on the dollar for maintenance fees.” 57. . . round the clock Siebel code support within a few weeks of Oracle’s acquisition announcement remained a mystery. as Oracle continued to take market share and expand its product offerings. However. 58. SAP AG CEO Henning Kagermann conceded that SAP had lost as much as 2% market share to Oracle. and which it claimed “offers companies SAP solutions. By March 2006. SAP announced it would extend its Safe Passage program to Siebel customers. technology. In a July 2006 earnings call. SAP America President and CEO. including apparently instantaneous round the clock support from SAP TN – whose engineers at that time presumably had spent virtually no time to develop Siebel support software products.” but its services were expanded to support more Oracle product lines and a wider range of customers. confirmed that SAP intended to use the Siebel acquisition as another opportunity to lure Oracle customers to SAP stating that SAP is “not distracted by the challenges of integrating multiple code bases. the program it implemented partly through SAP TN. In October 2005. SAP AG’s President of Customer Solutions and Operations.” including because SAP AG “extended the program in order to offer it as well to Siebel 18 COMPLAINT . As reported on Forbes.

Apotheker claimed that SAP now had “a global network of [SAP TN] capabilities” – enough to “gain[] significant traction. simply did not add up.” “full upgrade script support. and other labor-intensive support items that a customer would need to maintain useful. most remarkably. SAP unlawfully accessed and copied Oracle’s Software and Support Materials. optimally functioning Oracle software. 24x7x365” on software programs for which it had no intellectual property rights. 62. F. and purported to add full support for an entirely different product line – Siebel – with a wave of its hand. as it did on its website and its other materials. The SAP Solution: Stolen Passage 1.” By extending the Safe Passage program to Siebel customers. 61. Oracle has now solved this puzzle. patches. and in conjunction with opening new SAP TN offices around the world. patches. “30-minute response time.” “fixes for serious issues. without infringing on Oracle’s intellectual property. by comparison. even after having expanded its ranks to 150 employees. maintains a development force of more than 15. and the logic. “customized ongoing tax and regulatory updates. could actually develop and offer the hundreds of regulatory updates. The economics. Oracle. SAP continued to offer this comprehensive support to hundreds of customers at the “cut rate” of 50 cents on the dollar.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 customers. 60. Although SAP put a brave face on its ability to compete with the increasingly potent Oracle applications offerings. A Deal Too Good To Be True 59. It was not clear how SAP TN could offer. To stave off the mounting competitive threat from Oracle. some industry analysts wondered whether a small company like SAP TN. bug fixes. and updates that comprise the advanced support services required by Oracle’s licensed customers. Oracle asks each customer searching for a solution on Oracle’s Customer Connection website to click on a button after each search to indicate whether or not a particular search result helped solve the 19 COMPLAINT . To compound the puzzle.” E. Oracle Finds A Suspicious Pattern To analyze and improve on its industry leading support services.000 software and support engineers to create and help implement the code fixes.” and.

to take a copy of them all. continue search” option. continue search” option. Oracle regularly compiles this data to assess whether its system helped customers resolve their support issues. and Oracle discovered that each response – each answer by users pretending to be the customer – occurred in a matter of seconds or less. these click patterns showed that the users had employed an automated process to move with lightning speed through the entire library of Software and Support Materials on the Customer Connection website. Oracle discovered a pattern. Oracle soon discovered that many of these “customers” had taken massive quantities of Software and Support Materials beyond their license rights. over and over again. 20 COMPLAINT . 64. Given the extreme speed at which the activity occurred. or thousands of products beyond the scope of the specific customer’s licensed products and permitted access.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 customer’s problem. Frequently. authorized use of Customer Connection. apparently. Instead. If the customer selects the “No. In late 2006. unexplained spikes in the number of customers on the online support website who had clicked the “No. would access Oracle’s system and download large quantities of Software and Support Materials. with the aim of continually improving the support system for customers. Indeed. the support system responds by offering the customer further options. 2. And. Oracle noticed huge. 65. Oracle Discovers The SAP Link Oracle embarked on a time-consuming and costly investigation to assess the damage done to its customer response database and fully understand the sources of the unauthorized downloads. a user purporting to be that customer. these clicks could not reflect real responses from any human customers actually reading the solutions they had accessed. employing the customer’s log-in credentials. including dozens. in the month before a customer’s Oracle support expired. In the course of this investigation. These clicks numbered in the thousands for several customers. 63. Some of these apparent customer users even downloaded materials after their contractual support rights had expired. Oracle also discovered that the downloaded Software and Support Materials included internal documents not available even to licensed customers and not available through normal. hundreds.

The users presumably intended this misinformation. not expressly licensed and paid for by the Licensee.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 66. 3. Despite this subterfuge.tomorrownow. sprouted up almost immediately and the unlawful access and downloading resumed. and the Legal Download Agreement. also linked to SAP. When Oracle first noticed that the unlawful access and downloads originated almost exclusively from one IP address in Bryan. 21 COMPLAINT .com). SAP TN’s Access Was Unauthorized SAP TN’s access to. which included false names and phone numbers. to mask from Oracle their true identity and the fact of their improper access to the Software and Support Materials. Oracle shut down access to that IP address.g. a new IP address. 68. Oracle’s support servers have even received hits from URL addresses in the course of these unlawful downloads with SAP TN directly in the name (e. rather. Oracle’s system violated the terms of the Oracle customers’ License Agreement. and taking from. Although it is now clear that the customers initially identified by Oracle as engaged in the illegal downloads are SAP TN customers. 69. http://hqitpc01. the unlawful download activity observed by Oracle and described here originates directly from SAP’s computer networks. Several of these apparent customer users supplied misleading identification information as part of the log-on process to Oracle’s systems. These terms included agreeing: · Not to access or use any portion of the Software. those customers do not directly appear to have engaged in the download activity. Oracle has traced the illegal download activity to computers using an SAP IP address. the Customer Connection Terms of Use. SAP TN appears to have downloaded virtually every file. in every library that it could find. The wholesale nature of this unlawful access and downloading was extreme. including updates. Oracle noticed that SAP TN did not even bother to change the false user information from customer to customer when it logged in. the customer or vendor would have called in right away to get its access reinstated. Instead. If the access and downloads had been legitimate. Texas. 67. Indeed. for many of these downloads.

(5) Nigel Pullan. rent. V. or Oracle. or any portion thereof. · That the customer username and password may only be distributed to persons in the customer’s organization who have a legitimate business purpose for accessing the materials contained on the support server in furtherance of the customer’s relationship with Oracle. Edwards Support. distribute. In addition. Of SAP TN’s tenmember management team. six list prior employment experience with PeopleSoft. V. formerly worked at PeopleSoft and JDE. International Sales.P. Quality. appear to have applied their familiarity with the Customer Connection website to directly participate in and perfect the illegal 22 COMPLAINT . and a significant number of its employees. disclose.P.P. who is reflected as the person performing many of the downloads at issue. SAP TN’s management. V. (2) Bob Geib. President and CEO. and (6) Shelley Nelson. such as Wade Walden. Global PeopleSoft Support. (4) Mel Gadd.P. V. North American Sales. sublicense. · That the Materials on the support website are confidential information subject to existing confidentiality agreements. SAP TN has intimate familiarity with these important restrictions and conditions relating to Oracle’s Software and Support Materials. (3) Laura Sweetman. · Not to access the customer support system if it is not the customer’s authorized and designated Oracle technical support contact. V. · Not to use the Materials on the support website except in support of the customer’s authorized use of the Oracle Programs for which the customer holds a supported license from Oracle. including: (1) Andrew Nelson. former PeopleSoft employees who work for SAP.D. use.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 70. or third party training. · Not to directly or indirectly. Global J. · That the customer username and password are for the customer’s sole use in accessing this support server. or lease the Software or Documentation. relicense. JDE. for third party use.P.

during the period of time between when the customer’s support license lapsed and when Oracle decommissioned the customer’s password credentials. SAP TN did not innocently download the Software and Support Materials – the obvious purpose was to copy them from Oracle’s Customer Connection support website and store them on SAP TN’s servers for its use in marketing and providing support services to Oracle customers. to the extent SAP TN had any legitimate basis to access Oracle’s site as a contract consultant for a customer with current licensed support rights. SAP TN still accessed and downloaded Software and Support Materials using the old customer passwords. which restrict access to 23 COMPLAINT . or in a way that grossly violated the limited access rights it did have. In short. The rate that SAP TN accessed these materials – at intervals of just seconds or less – shows that no one used or reviewed those materials in real time. SAP TN committed to abide by the same license obligations and usage terms and conditions described above applicable to licensed customers. and the confidential. anyone accessing such Software and Support Materials on the Oracle support website must agree to Oracle’s terms and conditions. SAP TN did so despite its knowledge that it had no legal right or legitimate purpose to access Oracle’s system at all after the customer’s support license lapsed. the support website terms of use. Further. 72. 73. Indeed. SAP TN cannot credibly claim ignorance of Oracle’s access rules. suggests that SAP TN took the Software and Support Materials to stockpile a library to support its present and prospective customers. those products. SAP TN conducted these high-tech raids as SAP AG’s agent and instrumentality and as the cornerstone strategy of SAP AG’s highly-publicized Safe Passage program. Further. Oracle has learned that SAP TN accessed and downloaded the Software and Support Materials when it either had no legitimate basis to access Oracle’s restricted website. Notwithstanding SAP TN’s knowledge of Oracle’s license agreements with its customers. the scope of the downloaded Software and Support Materials – across multiple libraries in multiple lines of business – for customers that had no license to take. Further.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 downloading scheme. proprietary. or need for. 71. and copyrighted nature of Oracle’s Software and Support Materials.

. Oracle will amend its Complaint to add further copyright allegations and causes of action when the registrations for these copyrights issue from the United States Copyright Office. and impose strict confidentiality requirements. Smithfield Foods.. Specific Examples Of SAP TN’s Unlawful Customer Downloads SAP TN’s improper access to. Border Foods. B.S.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 support only for products that a company has licensed. Metro Machine Corp.. Ronis. to comprehensively detail here. Herbert Waldman. SPX Corporation. offer for sale. Mortice Kern Systems. display. Accordingly.V. Stearns & Co. Honeywell International. Bear. Distribution & Auto Service. Merck & Co. Caterpillar Elphinstone.C. Berri Limited. and Yazaki North America. 75. Inc. reproduce.S.. SAP TN reviewed and agreed to the terms and conditions on Oracle’s support website before proceeding. 17 U. With literally thousands of software programs available for licensing. The Software and Support Materials that SAP TN downloaded from Oracle’s systems also included numerous works that are protected under the Federal Copyright Laws. and therefore committed its theft knowingly and intentionally. Interbrew UK. Oracle has uncovered unlicensed downloads linked to SAP TN on behalf of numerous customers.. VSM Group AB. National Manufacturing. § 506.S. Helzberg Diamonds. §§ 101 et seq.C. S. Fuelserv Limited. AbitibiConsolidated. and in conscious disregard of Oracle’s protected intellectual property and the integrity of its computer systems. § 501 and also willful and intentional copyright infringement under 17 U. OCE Technologies. Abbott Laboratories. Such acts constitute copyright infringement under 17 U. create derivative works. 4. and distribute these works. Laird Plastics. NGC Management Limited.A. SAP TN’s acts violated Oracle’s exclusive rights to use. and covers too many individual violations. 74. publish.. Inc.. By way of example 24 COMPLAINT . Texas Association of School Boards. Stora Enso. and taking from. Oracle does not typically obtain copyright registrations on all programs or related Software and Support Materials as it generally does not find itself in the position of having to enforce its copyrights through litigation to stop conduct constituting an intentional infringement of Oracle’s rights. including without limitation. Grupo Costamex.C. Oracle’s Customer Connection website is too pervasive.

the unauthorized downloads did not stop there. Merck & Company. during which “Honeywell” was downloading almost 1800 solutions per day. Merck’s support rights for its JDE software products expired on January 1. In one specific library containing solutions for Enterprise One software.000 distinct Software and Support Materials for JDE software.000 of the Software and Support Materials taken in this period were solutions that Honeywell was not licensed to take at all. (“Merck”). Honeywell International (“Honeywell”) is listed on SAP TN’s website as a client.000 Software and Support Materials in less than two weeks in January 2007. but Oracle discovered users downloading JDE products with Honeywell’s credentials. 25 COMPLAINT . Oracle subsequently connected many of the illegal downloads to an SAP TN IP address and to SAP TN’s employee. Honeywell. a user employing Honeywell’s log-in ID downloaded over 7. Most of these excessive downloads came during the course of four days. it averaged just over 20 downloads of Software and Support Materials per month. 2007. But. 77. Users logging into Oracle’s support system with Merck’s credentials continued to download Software and Support Materials into March 2007. “Honeywell” downloaded over 450 distinct unlicensed solutions on January 16. after switching to SAP TN. Then. Many of these “Merck” downloads came directly from an IP address in Bryan. 76.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of the nature and extent of SAP’s theft. 2007 and nearly 400 more the next day. In the approximately three and a half year period before Honeywell switched to SAP TN. This unlawful downloading even stretched across product families. Merck. More than 5. Inc. users purporting to be “Merck” logged into the Oracle support system and downloaded over 9. These downloads spanned virtually every library in every line of business – far beyond the products to which Honeywell had authorized access as an Oracle customer. licenses and receives support for many Oracle software products. Wade Walden – a former PeopleSoft employee now employed by SAP.000 of these downloads related to JDE software products for which Merck had no license. Over 2. one of the largest pharmaceutical companies in the world. Oracle sets forth below illustrative instances of SAP TN’s illegal conduct regarding a few of its customers. In the three months prior to that date. Honeywell used and licensed PeopleSoft software applications.

and Real Estate Management – none of which make sense coming from a European customer in support of its European business. (“OCE”) is located in the Netherlands and appears as a customer on SAP TN’s website. These downloads included over 3. many of these “OCE” users entered phony identification information. OCE-Technologies B. Canadian Payroll. since OCE does not run many of the software programs to which these downloads relate. OCE.” In many cases.000-plus unlicensed Software and Support Materials from Oracle. “TNL-02. SAP TN users logged into Oracle’s support system using OCE’s credentials (and.000 distinct items for which OCE had no license. and neither OCE nor SAP TN have any license. 26 COMPLAINT .” “9999999999. including specifically to a computer with SAP TN’s initials in the title. authorization. these illegal downloads are associated with the same IP address belonging to SAP TN in Bryan. From December of 2006 to January of 2007. Texas.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Texas that belongs to SAP TN. using names such as “xx” “ss” and “NULL.” Neither Merck nor SAP TN had any license. in some cases.” and even “xxx xxx xxxx. In the months leading up to the expiration of OCE’s support rights for its Oracle products. SAP TN users employed fake identification information to download the Software and Support Materials.” and phone numbers such as “4444444444” and “999 999 9999.V. such as the name “user” and phone numbers such as “123 456 7897. and some were traced to a computer with SAP TN’s initials in the title. “TN-DL03. authorization or other right to access and download the 5.000 distinct Software and Support Materials. Like the other companies.” Similar to the other customer examples. There is little chance that SAP TN intended OCE as the beneficiary of these massive sweeps. false user names) and downloaded over 12. users employing OCE’s credentials downloaded a large number of Oracle products relating to US Payroll.” This systematic sweep of products across numerous licensed and unlicensed Oracle product lines and libraries dramatically exceeded the access for which OCE (and SAP TN acting on its behalf) had any right or authority. Homebuilder Management. and could serve no legitimate or lawful business purpose. 78. or other right to access and download these Software and Support Materials.

originated from the same IP address belonging to SAP TN. SPX.” Many of these SPX downloads.700 distinct Software and Support Materials for which SPX had no license. SAP TN. listed on its website. In some cases. For the nine month period prior to October 2006.000 distinct Oracle Software and Support Materials (far more than SPX could legitimately access or use).000 distinct Software and Support Materials. G. between October and December 2006. SAP TN now claims to have delivered thousands of fixes and more than 800 tax and regulatory updates to Oracle’s former customers. Over 300 distinct downloads just on November 30. Not coincidentally. Nearly 400 of those downloads related to software programs that Metro Machine had not licensed from Oracle. 2007 and switched to SAP TN. users purporting to represent Metro Machine logged onto Oracle’s support servers and downloaded nearly 6. Metro Machine. In the month before Metro Machine dropped its support rights with Oracle. users logging into Oracle’s support system with Metro Machine’s credentials continued to download Software and Support Materials into March 2007. SAP AG and SAP America directed this 27 COMPLAINT . these users logged in using SPX credentials. Then. 2006 and became an SAP TN customer. like the others. at SAP AG’s and SAP America’s direction. SAP Adds The Ill-Gotten Gains To Its Coffers 81. “tn-wts01. and some were traced to a computer with SAP TN’s initials in the title. 2006 were Software and Support Materials related to unlicensed Payroll software. SPX Corporation (“SPX”) dropped all Oracle support on December 10.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 79. In addition. (“Metro Machine”) dropped all Oracle support effective on January 1. as reflected on SAP TN’s website. Metro Machine Corp. but used fake identification information like the name “NULL” and phone numbers like “7777777777” and “999 999 9999. These SPX downloads included over 1.” 80. Oracle has traced these illegal and unauthorized downloads to the same SAP TN IP address employed for the Honeywell downloads described above. illegally downloaded thousands of fixes and updates from Oracle’s restricted customer support website. users purporting to represent SPX accessed and downloaded over 8. SPX averaged approximately eleven downloads per month from Oracle’s support system.

SAP has thereby caused significant damage to Oracle through its SAP TN subsidiary. in addition to the irreparable harm caused by Defendants’ unfair competition. and related computer fraud.C. trespass on Oracle’s support website. or command and as a result intentionally causing damage without authorization to a protected computer owned by Oracle. interference with Oracle’s business relationships.C.C.S. 28 COMPLAINT .1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 download scheme. and with intent to defraud Oracle. code. 18 U. Oracle incorporates by reference each of the allegations in the preceding paragraphs of this Complaint as though fully set forth here. accessing a protected computer. and by means of such conduct furthered the intended fraud and obtained one or more things of value. without authorization or by exceeding authorized access to such a computer. § 1030(a)(2)(C). 18 U. Defendants have violated the Computer Fraud and Abuse Act. Defendants have violated the Computer Fraud and Abuse Act. § 1030(a)(4) by knowingly. and never disavowed it. information. Using Oracle’s own protected property to unfairly compete against and undercut Oracle. by intentionally accessing a computer used for interstate commerce or communication. without authorization or by exceeding authorized access to such a computer. and prospective customers and the associated license and support revenue to artificially inflate its market share. § 1030(a)(5)(A)(i) by knowingly causing the transmission of a program.C. ratified it.S. and by obtaining information from such a protected computer. including but not limited to Oracle’s Software and Support Materials. SAP has illegally converted Oracle’s former. 84. First Claim for Relief Violation of Federal Computer Fraud and Abuse Act (18 U. §§ 1030(a)(2)(C) & (a)(4) & a(5)) (By Oracle Against All Defendants) 82. 83. current.S. 18 U. Defendants have violated the Computer Fraud and Abuse Act.S. 85.

87. data. Penal Code § 502 (By Oracle Against All Defendants) 90.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 86. §§ 1030(a)(5)(A)(ii) & (iii) by intentionally accessing a protected computer without authorization.C. Second Claim for Relief Computer Data Access and Fraud Act . 88. The computer system or systems that Defendants accessed as described above constitute a “protected computer” within the meaning of 18 U. and/or computer network.C. including.S. Oracle’s remedy at law is not adequate to compensate it for these inflicted and threatened injuries.S. Oracle incorporates by reference each of the allegations in the preceding paragraphs of this Complaint as though fully set forth here. Defendants have violated the Computer Fraud and Abuse Act.Cal. harm to Oracle’s data. Defendants have violated California Penal Code § 502(c)(3) by knowingly. entitling Oracle to remedies including injunctive relief as provided by 18 U. 92. 93.C. and computer systems and other losses and damage in an amount to be proved at trial. and without permission providing. or assisting in providing. a means of accessing Oracle’s computers. without limitation. accessing. computer system. and without permission. Defendants have violated California Penal Code § 502(c)(6) by knowingly. and without permission accessing and using Oracle’s computer services. Defendants will continue to commit such acts. fraudulently. Defendants’ unlawful access to and theft from Oracle’s computers also have caused Oracle irreparable injury. 89. § 1030(g). and/or computer network. 18 U. in any event. Unless restrained and enjoined. recklessly or without due regard for their actions.S. in an amount well over $5000 aggregated over a one-year period. fraudulently. Oracle has suffered damage and loss by reason of these violations. 91. Defendants have violated California Penal Code § 502(c)(2) by knowingly and fraudulently. programs. § 1030(e)(2). copying. computer system. taking. but. and files from Oracle’s computers. and making use of programs. 29 COMPLAINT . causing damage to Oracle.

Oracle has also suffered irreparable injury from these acts. Oracle is therefore entitled to punitive damages. These relationships contained the probability of future economic benefit in the form of profitable support service contracts and software licenses. computer system. 96. and/or computer network. Oracle owns the data that comprises the Software and Support Materials obtained by Defendants as alleged above. has no adequate remedy at law. Oracle has an expectancy in continuing and advantageous economic relationships with current and prospective purchasers and licensees of Oracle’s support services and software. Oracle’s computers. Third Claim for Relief Intentional Interference With Prospective Economic Advantage (By Oracle Against All Defendants) 99. 101. Oracle is also entitled to recover its reasonable attorneys’ fees pursuant to California Penal Code § 502(e). 98. fraudulently. there is a 30 COMPLAINT .1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 94. 100. and due to the continuing threat of such injury. Defendants have violated California Penal Code § 502(c)(7) by knowingly. As a direct and proximate result of Defendants’ unlawful conduct within the meaning of California Penal Code § 502. Oracle incorporates by reference each of the allegations in the preceding paragraphs of this Complaint as though fully set forth here. 97. 95. or causing to be accessed. Had Defendants refrained from engaging in the unlawful and wrongful conduct described in this complaint. and without permission accessing. Defendants have caused damage to Oracle in an amount to be proven at trial. Oracle is informed and believes that the aforementioned acts of the Defendants were willful and malicious in that Defendants’ acts described above were done with the deliberate intent to injure Oracle’s business and improve its own. entitling Oracle to injunctive relief.

.S. loss of profits from sales or licenses to 31 COMPLAINT . §§ 270111. Oracle has suffered economic harm. Defendants gained unauthorized access to Oracle’s password-protected Customer Connection support website through false or improper credentials.S. but not limited to. 106.C. 104. the above-described relationships have been actually disrupted. Defendants were aware of these economic relationships and intended to interfere with and disrupt them by unlawfully and wrongfully taking and using Oracle’s Software and Support Materials to obtain and retain Oracle’s own customers at little to no cost. § 1030 et seq. and without the cost of competing fairly by independently developing the same support materials. As a direct and proximate result of Defendants’ actions. § 1029. § 1962. unjust enrichment. conversion. 103. These acts were undertaken by Defendants to obtain for themselves the software support contract revenue at Oracle’s expense. wire fraud. Penal Code § 502. Penal Code § 496. including. This conduct. as alleged above. 18 U. renewed. § 1343. 18 U. Defendants’ conduct was wrongful by a measure beyond the fact of the interference itself. causing certain current and prospective support clients to contract with Defendants instead of Oracle for their software support and maintenance and. and conspiracy. and violation of the Stored Communications Act. copied Oracle’s intellectual and contractual property. and used that property to obtain and retain Oracle’s current and prospective clients. 18 U. for their enterprise software. As a result of Defendants’ acts. 102. On information and belief. fraud and related activity in connection with an access device. violation of the Federal Computer Fraud and Abuse Act.C. 18 U.S. Cal.C.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 substantial probability that Oracle support customers would have initiated. in some cases. receipt of stolen property. violation of RICO. constitutes violations of numerous state and federal statutes and codes. 18 U. 105.C. including. and ultimately to migrate such customers away from Oracle’s software programs and onto their own.S. Defendants’ conduct also constitutes trespass to chattels.S. but not limited to. Cal.C. unauthorized access to computers. or expanded support contracts and software licenses with Oracle rather than Defendants.

and Oracle is therefore entitled to an award of punitive damages to punish their wrongful conduct and deter future wrongful conduct. Oracle has an expectancy in continuing and advantageous economic relationships with current and prospective purchasers and licensees of Oracle’s support services and software. malicious. or expanded support contracts and software licenses with Oracle rather than Defendants. Defendants knew or should have known about the economic relationship. Had Defendants refrained from engaging in the unlawful and wrongful conduct described in this complaint. oppressive. was willful. renewed. Defendants’ interference with Oracle’s prospective economic advantage with its current and future customers. there is a substantial probability that Oracle support customers would have initiated. Fourth Claim for Relief Negligent Interference With Prospective Economic Advantage (By Oracle Against All Defendants) 109.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 current and potential customers of Oracle support services and software programs. as described above. Defendants’ wrongful conduct was a substantial factor in causing this harm. and in conscious disregard of Oracle’s rights. they used Oracle’s Software and Support Materials to obtain and retain for themselves software 32 COMPLAINT . 110. Unless Defendants are restrained by appropriate injunctive relief. Instead. Oracle incorporates by reference each of the allegations in the preceding paragraphs of this Complaint as though fully set forth here. and knew or should have known that these relationships would be interfered with and disrupted if Defendants failed to act with reasonable care in their use of Oracle’s Software and Support Materials. 107. their actions are likely to recur and will cause Oracle irreparable injury for which there is no adequate remedy at law. 111. These relationships contain the probability of future economic benefit in the form of profitable support service contracts and software licenses. Defendants failed to act with reasonable care. 108. 112. described above.

wire fraud. This conduct. Cal. and software products. 113. Defendants gained unauthorized access to Oracle’s password-protected Customer Connection support website through false or improper credentials. § 1962. but not limited to. including. violation of RICO. but not limited to. 18 U. Penal Code § 502. Defendants’ conduct was wrongful by a measure beyond the fact of the interference itself. 117. copied Oracle’s intellectual and contractual property. including. unjust enrichment. fraud and related activity in connection with an access device.C. Unless Defendants are restrained by appropriate injunctive relief. § 1030 et seq.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 support contract revenue at Oracle’s expense and without the cost of competing fairly by independently developing the same support materials.S. maintenance. 115. in some cases. Defendants’ conduct also constitutes trespass to chattels.S. 114. conversion. 18 U. Penal Code § 496.C. 18 U. constitutes violations of numerous state and federal statutes and codes. Oracle has suffered economic harm. for their enterprise software. loss of profits from sales to current and potential customers of Oracle support. and used that property to obtain and retain Oracle’s current and prospective clients. § 1343. as alleged above. 33 COMPLAINT . 18 U. As a result of Defendants’ acts.C..S.C. § 1029. §§ 270111. violation of the Federal Computer Fraud and Abuse Act. 116. 18 U.S. receipt of stolen property. Cal. As a direct and proximate result of Defendants’ actions. and conspiracy. their actions are likely to recur and will cause Oracle irreparable injury for which there is no adequate remedy at law. causing certain current and prospective support clients to contract with Defendants instead of Oracle for their software support and maintenance and. the above-described relationships have been actually disrupted. Defendants’ wrongful conduct was a substantial factor in causing this harm.C.S. and violation of the Stored Communications Act. unauthorized access to computers.

Code § 17200 (By Oracle Against All Defendants) Oracle incorporates by reference each of the allegations in the preceding paragraphs of this Complaint as though fully set forth here. 18 U. 121. receipt of stolen property.C. Penal Code § 502.C. 18 U. conversion. 123. The acts and conduct of Defendants constitute fraudulent. 34 COMPLAINT . § 1029.S. and conspiracy. et seq. trespass. §§ 1030 et seq. Code §§ 17200. wire fraud.C. and violation of the Stored Communications Act. & Prof. negligent interference with prospective economic advantage. §§ 2701-11. fraud and related activity in connection with an access device.S. including.S. and other illegal acts and practices as alleged above.. but not limited to. it would be inequitable to allow Defendants to retain the benefit of the funds obtained though the unauthorized and unlawful use of Oracle’s property. unauthorized access to computers. Penal Code § 496. and unfair competition as defined by California Bus. 119. 120. In light of Defendants’ conduct.C. and copyrighted Software and Support Materials. intentional interference with prospective economic advantage. These unlawful business acts or practices were committed pursuant to business activity related to providing business applications software and related support and maintenance for that software. unjust enrichment. violation of the Computer Fraud and Abuse Act. Defendants have engaged in unlawful business acts or practices by committing acts including computer fraud.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 118. Fifth Claim for Relief Unfair Competition . unlawful. 18 U. & Prof. 18 U. Defendants have improperly and unlawfully taken commercial advantage of Oracle’s investment in its confidential. Cal.Cal.S. 18 U. § 1343. Defendants’ conduct also constitutes trespass to chattels. 122. Bus. Cal. all in an effort to gain unfair competitive advantage over Oracle. violation of RICO. Defendants’ conduct constitutes violations of numerous state and federal statutes and codes. conversion.S. proprietary. § 1962.C. interference with business relationships.

whereby Oracle has no adequate remedy at law. all of which Oracle stored on its computer system. unless Defendants are enjoined from such unfair competition. Oracle’s confidential. Defendants should further be ordered to return all materials taken from Oracle. and benefits they may have obtained in violation of California Business & Professions Code § 17200 et seq. including. profits. 126. earnings. including. Oracle has also suffered irreparable injury and. Sixth Claim for Relief Conversion (By Oracle Against All Defendants) 127. retention. Defendants should be compelled to disgorge and/or restore any and all revenues. As a result of such unfair competition. but not limited to. proprietary. Oracle has an exclusive right to possession and distribution of such property. custody. unfair. and all copies of such. 128. Oracle at no time consented. Defendants intentionally and willfully entered Oracle’s password-protected Customer Connection support website without permission and took possession of Oracle’s property. or control. This property is the sole and exclusive property of Oracle.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 124. 129. but not limited to. compensation. 35 COMPLAINT . in their possession. 130. and deceptive business practices. and copyrighted Software and Support Materials. to Defendants’ copying. which is valuable to Oracle and vital to its continued business operations. expressly or impliedly. or distribution of such property. will continue to suffer irreparable injury. downloading. Instead of paying Oracle for the use of its property.. returning the value of the stolen property itself and any revenue earned from it. Oracle incorporates by reference each of the allegations in the preceding paragraphs of this Complaint as though fully set forth here. removal. and should be enjoined from further unlawful. Defendants’ unfair business practices have unjustly minimized Oracle’s competitive advantage and have caused and are causing Oracle to suffer damages. 125.

profits from potential purchasers of Oracle support services and licensees of Oracle software products. Defendants’ improper assumption and exercise of dominion and control over Oracle’s property and their likely sale and distribution of the same has and will continue to interfere with and diminish Oracle’s rights in that property. or in the alternative. Defendants have been in knowing and unauthorized possession and control of such property since at least between September 2006 and the present. As a direct and proximate result of Defendants’ actions. 133. Oracle will seek its election of remedies at trial. At all times mentioned in this Complaint. Since that time. In addition. Seventh Claim for Relief Trespass To Chattels (By Oracle Against All Defendants) 136. in an amount to be determined at trial. Oracle is entitled to an award of the value of the property taken. 137. Oracle had legal title to and actual possession of Customer Connection. Oracle has lost. Oracle is entitled to damages and repossession of the converted property. Allowing Defendants to retain the benefits received as a result of their wrongful acts would unjustly benefit Defendants at Oracle’s expense. with interest.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 131. In addition. 132. 135. as described above. at the latest. or in the alternative. Defendants’ wrongful conduct was a substantial factor in causing this harm. 36 COMPLAINT . its access-restricted internet-based support system. and the Software and Support Materials on that support system. and other damages in an amount to be proven at trial. Defendants may have been obtaining unjust and substantial benefit from the sale and distribution of Oracle’s property to third parties without Oracle’s consent and without paying Oracle for the value of such property. 134. and will continue to lose. Oracle incorporates by reference each of the allegations in the preceding paragraphs of this Complaint as though fully set forth here. Oracle is entitled to restitution of the Defendants’ ill-gotten gains.

Defendants continue to unjustly retain these benefits at the 37 COMPLAINT . 140. which took substantial time and money for Oracle to develop. as well as Defendants’ trespass on. Oracle incorporates by reference each of the allegations in the preceding paragraphs of this Complaint as though fully set forth here. As a result. Defendants’ trespass and interference proximately caused damage to Oracle. Defendants intentionally interfered with Oracle’s use or possession of both Customer Connection and Oracle’s related internal databases and systems. but not limited to. and damage to the confidential and copyrighted nature of the information on Oracle’s website. and the Software and Support Materials housed for licensed access through Customer Connection. Defendants unjustly received benefits at the expense of Oracle through their wrongful conduct. and damaged. including. potentially to the point of denying effective access to Oracle’s customers and preventing Oracle from using its systems and data for their intended purpose. Defendants’ trespass interfered with. for which Oracle’s remedy at law is not adequate to compensate it for the injuries inflicted and threatened. Defendants will continue to commit such acts and other competitors will be encouraged to sweep Oracle’s website. damage to the functionality of Oracle’s computer system and data. Eighth Claim for Relief Unjust Enrichment/Restitution (By Oracle Against All Defendants) 142. damage to Oracle’s rights to dominion and control over its property. and conversion of the Software and Support Materials. the integrity and functionality of Oracle’s computer system and data. 141.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 138. 143. 139. Oracle is entitled to recover any and all damages it sustained as a result of such trespass. Defendants’ trespass therefore threatens to cause irreparable harm to Oracle. in an amount to be determined at trial. Defendants caused Oracle’s property to greatly diminish in value and deprived Oracle of the intended use of its computer systems. including Defendants’ interference with Oracle’s business relationships and other unfair business practices. computer fraud concerning.

Oracle is accordingly entitled to full restitution of all amounts in which Defendants have been unjustly enriched at Oracle’s expense. including Defendants’ interference with Oracle’s business relationships and other unfair business practices. 38 COMPLAINT . 144. and commission of. 146. loss. malicious. and in furtherance of. intentionally. It would be unjust for Defendants to retain any value they obtained as a result of their wrongful conduct. and harm. ratifying. Defendants did the acts alleged pursuant to. loss of profits from sales to current and potential customers of Oracle support services and licenses for Oracle’s software programs. computer fraud concerning. As a direct and proximate result of the acts in furtherance of the conspiracy. and conversion of the Software and Support Materials. The wrongful conduct committed pursuant to the conspiracy was a substantial factor in causing this harm. Oracle has suffered injury. and knowingly agreed and conspired with each other to engage in the alleged wrongful conduct. Oracle incorporates by reference each of the allegations in the preceding paragraphs of this Complaint as though fully set forth here. 147. Defendants willfully. including. damage. Ninth Claim for Relief Civil Conspiracy (By Oracle Against All Defendants) 145.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 expense of Oracle. and in conscious disregard of Oracle’s rights. that agreement and/or furthered the conspiracy by cooperating. these wrongful acts was willful. 148. oppressive. as well as Defendants’ trespass on. but not limited to. encouraging. Defendants’ intentional agreement to commit. 149. or adopting the acts of the others. and Oracle is therefore entitled to an award of punitive damages to punish their wrongful conduct and deter future wrongful conduct.

Tenth Claim for Relief Aiding and Abetting (By Oracle Against All Defendants) Oracle incorporates by reference each of the allegations in the preceding paragraphs of this Complaint as though fully set forth here. and harm. Eleventh Claim for Relief An Accounting (By Oracle Against All Defendants) Oracle incorporates by reference each of the allegations in the preceding paragraphs of this Complaint as though fully set forth here. and in conscious disregard of Oracle’s rights. As fully described above. As a direct and proximate result of the aiding and abetting of these acts. The wrongful conduct aided and abetted by the Defendants was a substantial factor in causing this harm. 154. but not limited to. oppressive. Defendants’ aiding and abetting of these wrongful acts was willful. by providing substantial assistance and/or encouraging the others to act. separately considered. Defendants had full knowledge or should have reasonably known of the true nature of the wrongful conduct of each other Defendant. and aided and abetted such wrongful conduct. computer fraud concerning. malicious. including. damage. including interference with Oracle’s business relationships and other unfair business practices. loss of profits from sales to current and potential customers of Oracle support services and licenses to Oracle software programs. 153. as well as Defendants’ trespass on. was wrongful in and of itself. 150. 151. and Oracle is therefore entitled to an award of punitive damages to punish their wrongful conduct and deter future wrongful conduct. 152. 39 COMPLAINT . and conversion of the Software and Support Materials. Oracle has suffered injury. Defendants also aided and abetted the described wrongful conduct of the other Defendants by giving substantial assistance and/or encouragement that. loss.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 155.

proprietary. and those in active concert or participation with any of them from: (1) accessing any Oracle restricted-access or customer website. 158. The amount of money due from Defendants to Oracle is unknown to Oracle and cannot be ascertained without an accounting of the income and gross profits Defendants have obtained through their wrongful and unlawful conduct. therefore. (b) Improperly. servants. including without limitation. agents. and unlawfully taking commercial advantage of Oracle’s investment in its Software and Support Materials. and copyrighted Software and Support Materials. to a full accounting. Defendants have obtained business through the use of unlawful conduct including. employees. and attorneys. at Oracle’s expense. including data. and that some or all of such money is rightfully due to Oracle. for the purpose of sabotaging Oracle’s ability to do business and compete in the market. For a preliminary and permanent injunction restraining Defendants. willfully. without Oracle’s authorization.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 156. their officers. without authorization or consent. Since at least September 2006. 157. (c) Willfully converting Oracle’s confidential. in furtherance of their unlawful and deceptive scheme as described above. including without limitation the Customer Connection website. and valuable 40 COMPLAINT . Oracle respectfully prays for the following: A. and copyrighted Software and Support Materials. (d) Fraudulently accessing and intentionally trespassing on Oracle’s password-protected Customer Connection website. proprietary. Oracle’s confidential. and. but not limited to: (a) Intentionally and/or negligently interfering with Oracle’s prospective economic advantage with its existing and potential customers. (2) selling. or using any property obtained from Oracle’s website. Prayer For Relief WHEREFORE. Defendants have received money as a result of their misconduct. distributing. internal documents. Oracle is entitled.

and valuable updates. fixes. and valuable updates. Oracle’s confidential. K. and other computer code. and other computer code. F. I. proprietary. that Defendants took from Oracle.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 updates. For an accounting. and. including data. B. as set forth in this Complaint. 41 COMPLAINT For damages to be proven at trial. Court deems just and proper. fixes. patches. internal documents. patches. G. C. That the Court order Defendants to pay Oracle punitive damages in a sum to be determined at trial. proprietary. For restitution and disgorgement of all ill-gotten gains unjustly obtained and retained by Defendants through the acts complained of here. That the Court order Defendants to file with the Court and serve on Oracle within thirty (30) days after the service on Defendants of such injunction a report in writing. H. internal documents. J. For prejudgment interest. setting forth in detail the manner and form in which Defendants have complied with the injunction. including data. aiding and abetting and conspiracy. on the basis of their willful and deliberate unauthorized computer access. fixes. For an Order awarding Oracle its attorneys’ fees and costs. D. but not limited to Oracle’s confidential. (4) otherwise engaging in acts of unfair competition and interference with Oracle’s business relationships. under oath. For an Order directing Defendants to return Oracle’s property. patches. intentional interference with Oracle’s prospective economic advantage. without limitation. and other computer code. and copyrighted Software and Support Materials. and copyrighted Software and Support Materials. including. (3) removing. downloading or copying property from Oracle’s website without Oracle’s authorization. For an Order awarding Oracle such other and further relief as the . including.

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