Global CIO: Larry Ellison Will Be Crucial Witness At Oracle-SAP Trial
As the court decides how much SAP must pay Oracle, Ellison will describe the harm done to Oracle by the actions of SAP's former subsidiary.
Oracle CEO Larry Ellison: "History and development of Oracle; Oracle business structure and management; Oracle product development information; Oracle software support; Oracle maintenance revenue; PeopleSoft acquisition; Siebel acquisition; Impact of SAP's acquisition of TN [TomorrowNow] on Oracle; Harm to Oracle; ERP software competition/market; Hypothetical license expectations; Oracle financial results"
Oracle co-president Safra Catz: ERP software market and competition; PeopleSoft acquisition; Siebel acquisition; Oracle customer relationships; Oracle financial information; Hypothetical license expectations; Oracle support organization metrics and reports"
Oracle executive Juergen Rottler: "Oracle support services and materials; Software support industry; Third-party support providers; Oracle maintenance revenue; PeopleSoft acquisition;
Siebel acquisition; Impact of SAP’s acquisition of TN on Oracle; Oracle customer relationships; Oracle sales and marketing; Oracle support organization metrics and reports"
Oracle employee Buffy Ransom: "Customer Connection website; Downloading
investigation; Damage/harm to Oracle's data/systems; JD Edwards products, development and
support; JD Edwards copyrights; Oracle licensing practices and contracts; Copyright
Oracle employee Jason Rice: "Downloading investigation; Damage/harm to Oracle
data/systems; Oracle support services; Customer Connection websites"
former SAP executive Leo Apotheker: "SAP's acquisition of TN; TN business case and projections; SAP's knowledge, oversight and direction of SAP TN's activities; Benefits of SAP TN acquisition; Safe Passage and SAP TN marketing; SAP TN geographical and product expansions; SAP and SAP TN post-litigation activities"
SAP chairman and founder Hasso Plattner: "SAP corporate history and structure; SAP's
acquisition of TN"
former SAP executive Henning Kagermann: "SAP's acquisition of TN; TN business case and projections; SAP's knowledge, oversight and direction of SAP TN's activities; Benefits of TN acquisition; Safe Passage and SAP TN marketing; SAP TN geographical and product expansions; SAP/TN post-litigation activities; ERP software market; SAP TN downloading from Oracle websites"
former TomorrowNow executive Andrew Nelson: "SAP TN history and corporate structure; SAP TN business model and support services; Third party support market; SAP TN copying, modification, distribution and use of Oracle software and support materials; Oracle Database Software and SAP TN licenses; SAP TN/Customer communications; SAP TN sales practices and results; SAP’s acquisition of TN; SAP’s knowledge, oversight and direction of
SAP TN’s activities; Safe Passage and SAP TN marketing; SAP TN geographical and product
expansions; SAP and SAP TN post-litigation activities"
While the testimony from each of these individuals will be vital, I'm betting that the most compelling and eye-opening will come from Ellison and from Apotheker, the current CEO of HP who was a high-level executive at SAP at the time of the downloading by TomorrowNow.
Although Apotheker is no longer with SAP, since his hiring by HP he has been the target of some stinging remarks from Ellison, who in a recent email exchange with the Financial Times said that Apotheker was a top executive of SAP when it committed "industrial espionage and intellectual property theft" against Oracle.
That's because every moment that Apotheker has to spend preparing for his testimony or in being otherwise engaged with the litigation is one less minute he's not spending on helping HP craft its future.
And depending on Apotheker's testimony, the best HP can hope for is that shortly after the trial is over, no one really remembers anything Apotheker said.
That's not a likely outcome, but nevertheless it's the one HP is praying for.