Oracle Corporation et al v. SAP AG et al

Filing 591

Declaration of Buffy Ransom in Support of 589 Memorandum in Opposition, to Defendants' Motion to Compel [Redacted Version] filed by Oracle EMEA Limited, Oracle International Corporation, Oracle USA Inc., Siebel Systems, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 589 ) (Alinder, Zachary) (Filed on 1/5/2010) Modified on 1/6/2010 (vlk, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 591

Case4:07-cv-01658-PJH Document591

Filed01/05/10 Page1 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

BINGHAM McCUTCHEN LLP DONN P. PICKETT (SBN 72257) GEOFFREY M. HOWARD (SBN 157468) HOLLY A. HOUSE (SBN 136045) ZACHARY J. ALINDER (SBN 209009) BREE HANN (SBN 215695) Three Embarcadero Center San Francisco, CA 94111-4067 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] DORIAN DALEY (SBN 129049) JENNIFER GLOSS (SBN 154227) 500 Oracle Parkway, M/S 5op7 Redwood City, CA 94070 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Plaintiffs Oracle USA, Inc., Oracle International Corporation, Oracle EMEA Limited, and Siebel Systems, Inc. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., v. Plaintiffs, CASE NO. 07-CV-01658 PJH (EDL) DECLARATION OF BUFFY RANSOM IN SUPPORT OF ORACLE'S OPPOSITION TO DEFENDANTS' MOTION TO COMPEL [REDACTED] Date: January 26, 2010 Time: 2 p.m. Place: Courtroom E, 15th Floor Judge: Hon. Elizabeth D. Laporte

SAP AG, et al., Defendants.

Case No. 07-CV-01658 PJH (EDL)
DECLARATION OF BUFFY RANSOM IN SUPPORT OF ORACLE'S OPPOSITION TO MOTION TO COMPEL

Dockets.Justia.com

Case4:07-cv-01658-PJH Document591

Filed01/05/10 Page2 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Buffy Ransom, declare as follows: 1. I am Vice President of Customer Support for EnterpriseOne Software Programs in

Oracle's Product Support team. I have personal knowledge of the facts stated in this declaration and, if called and sworn as a witness, could testify competently as to them. 2. In late 2006, Oracle employees noticed unusual download activity through

Oracle's password-protected customer support website, known as Customer Connection. The unusual downloading activity came from an IP address assigned to Defendant TomorrowNow, Inc., a subsidiary of SAP America, which is a subsidiary of SAP AG (together referred to as "SAP"). Oracle investigated that download activity at the direction of attorneys in Oracle's legal department and outside counsel at Bingham McCutchen. I supervised portions of, and participated in, Oracle's efforts to investigate that unusual downloading activity. What "Mapping" Of Downloads to Contracts Means 3. Oracle's investigation included a detailed and time-consuming analysis of:

(a) downloads from SAP's IP addresses reflected on the log files from Oracle's Customer Connection support website; (b) linking those downloads to certain customer login credentials; (c) linking those downloads to Oracle software programs; and, (d) connecting the type of Oracle software reflected in the download to the license agreement for the customer whose credential SAP had used. The matching of the downloaded software products to the customer licenses has been described by the Parties as "mapping," though that is not a term commonly used at Oracle, and though there is no automated way to do the full contract-to-download mapping analysis for any customer download. In particular, that "mapping" analysis typically requires a manual analysis of the customer's licensing information. JD Edwards Software and Licensing Background 4. To understand the steps involved in this "mapping" of contracts to customer

downloads, some background with respect to the JD Edwards software and how it is licensed would be helpful. Within the JD Edwards software line, a customer may license some or all of a "suite," such as Human Capital Management, within a "family," such as EnterpriseOne (also 2 Case No. 07-CV-01658 PJH (EDL)
DECLARATION OF BUFFY RANSOM IN SUPPORT OF ORACLE'S OPPOSITION TO MOTION TO COMPEL

Case4:07-cv-01658-PJH Document591

Filed01/05/10 Page3 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

known as OneWorld). Suites have a number of system codes identified with them, such as 07 which relates to the Payroll part of the Human Capital Management suite specifically. Attached as Exhibit A to this Declaration is a PowerPoint presentation containing true and correct copies of slides that I helped to create that show how JD Edwards downloads "map" to JD Edwards software using system codes. Slide 4 to Exhibit A is a true and correct copy of a visual that explains these relationships. 5. Customers who pay for support on JD Edwards products have the right to

download support products for the software they license. For JD Edwards, two of the more prominent types of downloaded JD Edwards support products are Software Action Requests ("SARs") and, when combined into a common release, are called Electronic Software Updates ("ESUs"). Slide 5 to Exhibit A is a true and correct copy of a visual that illustrates how SARs roll up into ESUs, which are sent out as regulatory releases and then get incorporated into various larger updates to the software program. 6. In my role in the Product Support team for JD Edwards, I have worked to improve

the JD Edwards customer support products and overall support experienced by customers including through Oracle's JD Edwards customer support websites (until 2008 called "Customer Connection"). Further, through my years of experience with customer support, I know that customers are aware of the software products that they have licensed, and typically, even know the specific system codes that are relevant to their licensed software. Customers know the relevant system codes so that they can filter out support products that they do not want or need, and just retrieve the support products needed to keep their licensed software running smoothly. Customer Connection contained search functionality that allowed customers to do this filtering efficiently, including through a tool called Change Assistant. For example, Customer Connection allowed customers to search for support products relevant to licensed system codes, like 07, software version releases, like Version 8.11, and software suite names, like Human Capital Management. I understand that Oracle produced spreadsheets that correlate system codes with the programs within each JD Edwards suite. Slide 7 to Exhibit A is a true and correct copy of a visual with an example of a portion of these spreadsheets. This is an example of a 3 Case No. 07-CV-01658 PJH (EDL)
DECLARATION OF BUFFY RANSOM IN SUPPORT OF ORACLE'S OPPOSITION TO MOTION TO COMPEL

Case4:07-cv-01658-PJH Document591

Filed01/05/10 Page4 of 6

Case4:07-cv-01658-PJH Document591

Filed01/05/10 Page5 of 6

Case4:07-cv-01658-PJH Document591

Filed01/05/10 Page6 of 6