Oracle Corporation et al v. SAP AG et al

Filing 1058

Declaration of Lisa Chin in Support of 1057 Opposition/Response to Motion for JMOL or New Trial filed byOracle International Corporation. (Attachments: # 1 Exhibit A part 1, # 2 Exhibit A part 2, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit X, # 26 Exhibit Y, # 27 Exhibit Z, # 28 Exhibit AA, # 29 Exhibit BB, # 30 Exhibit CC, # 31 Exhibit DD, # 32 Exhibit EE, # 33 Exhibit FF, # 34 Exhibit GG, # 35 Exhibit HH, # 36 Exhibit II, # 37 Exhibit JJ, # 38 Exhibit KK, # 39 Exhibit LL, # 40 Exhibit MM, # 41 Exhibit NN, # 42 Exhibit OO, # 43 Exhibit PP, # 44 Exhibit QQ, # 45 Exhibit RR, # 46 Exhibit SS, # 47 Exhibit TT, # 48 Exhibit UU, # 49 Exhibit VV)(Related document(s) 1057 ) (Howard, Geoffrey) (Filed on 4/8/2011)

Oracle Corporation et al v. SAP AG et al

Doc. 1058 Att. 48

EXHIBIT UU
Dockets.Justia.com

·
· Volume: To make virtually unlimited copies of Oracle's software whenever it needed - thousands of copies for some products. Internal use: To keep its own copies of environments, fixes, patches and updates. These copies allow for the research, training, and other non-customer specific development and testing that SAP TN did using its customers' (and even some non-customers') software for convenience. To the extent some of the use is interference and not copyright infringement, SAP TN first made infringing noncustomer-specific copies to facilitate that interference. Source Code: To make code line the same by copying one customer's software, labeling it for another customer, and applying the same TN-created fixes (created using a different customers' software) to those environments so they were as similar as possible. Other Cross-Use - Environments and Downloads: To use environments and downloads across multiple customers. Cross-Use and Generic Environments: To create fixes in a customer environment or a generic environment, distributed those fixes across as many customers as possible (so as to have as few divergences from a common code line as possible). and also apply those fixes to keep their generic code base going (Whether by applying the fixes to a generic environment or applying the fixes to what were ostensibly local apprOXimations of customer enVironments). More than Mere Development: To scope, prototype, develop, and test in one environment and leverage the results of all of those separate, time-consuming actions in mUltiple environments. Template: To use a fix developed from customer A code as a template for a customer B fix, and deliver the same to multiple customers. Downloads Beyond Scope of License: To download more than what its customers were entitled to, for convenience and speed and to have a library - any fixes, patches, updates or upgrades. Use Not Customer-Specific: Non customers specific use of such downloads. Downloads After Contract End-Dates: To download after Oracle termination dates. Access to Customer Connection: To access Customer Connection at any time, to download whatever it needed, for any reason.. whether for customer support or more general internal purposes, such as developing faster downloading tools, or to have downloads already available to entice customers with as a selling point. Infrastructure: To use what it took as knowledge bases for its third-party support offering. TN infrastructure included (a) SAS, (b) download libraries (including from Titan), which include code and documentation. (c) thousands of active and backed up copies of Oracle's software applications, including as reflected by SAP TN's Baktrak system; (d) approximate 9 million SSMs and 700+ software CDs, and (e) SAP TN's CD jukebox. .

·

·

·

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case #: 07-cv-01658-PJH PLNTF EXHIBIT ~9'}~8

~~~e A~$~-,yi(r-

NiChoi~euerman, Deputy Clerk