Feeds

Oracle scores mixed bag in Rimini Street software IP 'theft' ruling

Judge's decision paves way for full jury trial

5 things you didn’t know about cloud backup

Oracle has been handed a partial victory in its IP violation case against software support provider Rimini Street.

A US court hearing Oracle's case has issued a summary judgment saying that in two of the four incidents cited by Oracle, Rimini was in the wrong.

Oracle claimed to have identified illegal copies of its software being used by customers including the US City of Flint, Pittsburgh Public Schools, industrial firm Giant Cement and Novell.

At issue was whether the software - 12 instances of Oracle's PeopleSoft, JD Edwards and Siebel software packages - was allowed to be copied and run on Rimini systems.

The District Court of Nevada sided with Oracle on City of Flint and Pittsburgh, saying the wording of the customers' Oracle licences didn't entitle Rimini to make copies of the software in question.

But the court did not go along with Oracle on Giant Cement, while the case on Novell is not clear-cut.

On Giant Cement, the court said the facts were in dispute.

According to the court it's not clear whether the copied software was being used or whether the source code had been accessed for development.

The wording of the Novell licence, meanwhile, had allowed Novell to make a "reasonable" number of copies of the Oracle software for backup and testing – and it had granted third parties the right to install, integrate and implement the software.

The court found in favour of the "plain language" of the licence - meaning the meaning was obvious.

Rimini, though, claimed Oracle had full knowledge that it was using and making copies of the Oracle software for its own systems.

The reason was Oracle knew the backup media was being shipped to Rimini's facilities with copies made. The court did not find Rimini had "implied consent" thanks to this.

The case should now move to trial.

In a statement on the findings, Oracle's attorney David Boies - who represented the Department of Justice against Microsoft in the antitrust case and SCO against IBM over violations of SCO's IP in Linux – said: "Rimini Street has used illegal and unlicensed copies of PeopleSoft software as the basis of its business. We look forward to holding Rimini Street and [Rimini Street president and chief executive] Seth Ravin accountable at trial for the damages caused by their misconduct."

Secure remote control for conventional and virtual desktops

More from The Register

next story
BBC: We're going to slip CODING into kids' TV
Pureed-carrot-in-ice cream C++ surprise
China: You, Microsoft. Office-Windows 'compatibility'. You have 20 days to explain
Told to cough up more details as antitrust probe goes deeper
Windows 7 settles as Windows XP use finally starts to slip … a bit
And at the back of the field, Windows 8.1 is sprinting away from Windows 8
Linux turns 23 and Linus Torvalds celebrates as only he can
No, not with swearing, but by controlling the release cycle
Scratched PC-dispatch patch patched, hatched in batch rematch
Windows security update fixed after triggering blue screens (and screams) of death
This is how I set about making a fortune with my own startup
Would you leave your well-paid job to chase your dream?
prev story

Whitepapers

Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Endpoint data privacy in the cloud is easier than you think
Innovations in encryption and storage resolve issues of data privacy and key requirements for companies to look for in a solution.
Why cloud backup?
Combining the latest advancements in disk-based backup with secure, integrated, cloud technologies offer organizations fast and assured recovery of their critical enterprise data.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?