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SAP to pay Oracle $359 million to settle TomorrowNow lawsuit

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Oracle Corp and SAP SE have settled long-running copyright litigation for $356.7 million over improper downloads of Oracle files including copyrighted instruction manuals and other technical information.

The resolution disclosed in a court filing comes seven years after Oracle Corp sued SAP for a scheme engineered by a small software services company called TomorrowNow.  TomorrowNow, acquired by SAP for $10 millions, provide software support to Oracle customers at lower rates than what Oracle charged, hoping to persuade them to become SAP customers. The downloads also resulted in a criminal probe, which SAP agreed to pay $20 million to resolve.

Dorian Daley, Oracle’s General Counsel, wrote in an emailed statement –

We are thrilled about this landmark recovery and extremely gratified that our efforts to protect innovation and our shareholder’s interests are duly rewarded. This sends a strong message to those who would prefer to cheat than compete fairly and legally.

An SAP spokesman said his company was pleased that courts hearing this case ultimately accepted SAP’s arguments to limit Oracle’s excessive damages claims and that Oracle has finally chosen to end this matter. A jury initially awarded Oracle $1.3 billion in damages which was then threw off  in subsequent judicial rulings.

Senior Writer

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