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No more tomorrows for TomorrowNow suit as Oracle and SAP settle

Long-running third party support suit is over

Oracle and SAP have settled their long-running dispute over third-party support outfit TomorrowNow.

The case was fought over whether or not SAP subsidiary TomorrowNow was within its rights to download Oracle software to its own servers, by using Oracle customers' licence keys.

TomorrowNow 'fessed up way back in 2008, when courts felt US$1.3bn was a fair settlement. SAP, which by 2008 had wound up TomorrowNow, admitted it had not done the right thing but said it felt the jury erred in picking that number.

Legal arguments since have centred on how much money should change hands. The two parties have now settled on the sum of $357m, according to court documents lodged on Thursday.

Oracle's general counsel Dorian Daley has issued a statement saying “We are thrilled about this landmark recovery and extremely gratified that our efforts to protect innovation and our shareholder's interests are duly rewarded.”

SAP's pleased the courts agreed the $1.3bn award was excessive.

The conclusion of this case doesn't mean Oracle's battles with third-party support outfits are over: Big Red is still duking it out with Rimini Street over similar issues to those tested in the TomorrowNow case. ®

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