Feeds

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

Judge's decision paves way for full jury trial

Build a business case: developing custom apps

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."

Build a business case: developing custom apps

More from The Register

next story
KDE releases ice-cream coloured Plasma 5 just in time for summer
Melty but refreshing - popular rival to Mint's Cinnamon's still a work in progress
Leaked Windows Phone 8.1 Update specs tease details of Nokia's next mobes
New screen sizes, dual SIMs, voice over LTE, and more
Secure microkernel that uses maths to be 'bug free' goes open source
Hacker-repelling, drone-protecting code will soon be yours to tweak as you see fit
Mozilla keeps its Beard, hopes anti-gay marriage troubles are now over
Plenty on new CEO's todo list – starting with Firefox's slipping grasp
Apple: We'll unleash OS X Yosemite beta on the MASSES on 24 July
Starting today, regular fanbois will be guinea pigs, it tells Reg
HIDDEN packet sniffer spy tech in MILLIONS of iPhones, iPads – expert
Don't panic though – Apple's backdoor is not wide open to all, guru tells us
Another day, another Firefox: Version 31 is upon us ALREADY
Web devs, Mozilla really wants you to like this one
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.
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.
Backing up Big Data
Solving backup challenges and “protect everything from everywhere,” as we move into the era of big data management and the adoption of BYOD.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Why and how to choose the right cloud vendor
The benefits of cloud-based storage in your processes. Eliminate onsite, disk-based backup and archiving in favor of cloud-based data protection.