Worried that rival SAP will "lose" electronic evidence related to its lawsuit alleging massive theft, business software vendor Oracle is asking a court for help.
In a statement provided to our pals over at
internetnews.com, Oracle attorney Dorian Daley said the company has filed a motion in a U.S. District Court in San Francisco:
"...to ensure that SAP is preserving the critical electronic records and data related to SAP's theft and misuse of Oracle's intellectual property."
"We believe an order is necessary because for the past six weeks, SAP has failed to address Oracle's requests for preservation of specific records."
Oracle, as you may recall, filed a lawsuit in late March accusing SAP of illegally accessing Oracle's computer network to steal proprietary information.
There's more:
In its latest motion, Oracle accused its rival of "stalling" and said "this failure to meet and confer about its preservation activities raises questions about whether SAP has in fact protected highly relevant evidence from alteration or destruction -- as the law and Oracle's proposed order require it to do."
"To make matters worse, SAP recently wrote to Oracle questioning its obligation to provide certain of those core materials in discovery," the motion continued.
Hmm. That doesn't sound very cooperative!
To hear SAP tell it (to internetews.com), the German software maker "intends to play by the rules." Further, it accuses Oracle of "rushing to court" rather than settling procedural matters informally.
Nice and informal. That's the ticket! No need to bother the court with this messy procedural stuff.
Unfortunately for SAP, being in the computer business and all, it can't fall back on the kind of
excuses proferred by other organizations we know.
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