Oracle Corporation et al v. SAP AG et al

Filing 657

Declaration of Zachary J. Alinder in Support of 649 MOTION for Partial Summary Judgment filed byOracle International Corporation, Oracle USA Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45 Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50 Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54 - 1, # 55 Exhibit 54 - 2, # 56 Exhibit 55, # 57 Exhibit 56, # 58 Exhibit 57, # 59 Exhibit 58, # 60 Exhibit 59, # 61 Exhibit 60, # 62 Exhibit 61, # 63 Exhibit 62, # 64 Exhibit 63, # 65 Exhibit 64, # 66 Exhibit 65, # 67 Exhibit 66, # 68 Exhibit 67, # 69 Exhibit 68, # 70 Exhibit 69, # 71 Exhibit 70, # 72 Exhibit 71, # 73 Exhibit 72, # 74 Exhibit 73, # 75 Exhibit 74, # 76 Exhibit 75, # 77 Exhibit 76, # 78 Exhibit 77, # 79 Exhibit 78, # 80 Exhibit 79, # 81 Exhibit 80, # 82 Exhibit 81, # 83 Exhibit 82, # 84 Exhibit 83, # 85 Exhibit 84, # 86 Exhibit 85, # 87 Exhibit 86, # 88 Exhibit 87, # 89 Exhibit 88, # 90 Exhibit 89, # 91 Exhibit 90, # 92 Exhibit 91, # 93 Exhibit 92, # 94 Exhibit 93, # 95 Exhibit 94, # 96 Exhibit 95, # 97 Exhibit 96, # 98 Exhibit 97, # 99 Exhibit 98, # 100 Exhibit 99, # 101 Exhibit 100, # 102 Exhibit 101, # 103 Exhibit 102, # 104 Exhibit 103, # 105 Exhibit 104, # 106 Exhibit 105, # 107 Exhibit 106, # 108 Exhibit 107, # 109 Exhibit 108, # 110 Exhibit 109, # 111 Exhibit 110, # 112 Exhibit 111, # 113 Exhibit 112, # 114 Exhibit 113, # 115 Exhibit 114, # 116 Exhibit 115, # 117 Exhibit 116, # 118 Exhibit 117)(Related document(s) 649 ) (Howard, Geoffrey) (Filed on 3/3/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 657 Att. 101

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EXHIBIT 101

Dockets.Justia.com

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Robert A. Mittelstaedt (SBN 060359) Jason McDonell (SBN 115084) Elaine Wallace (SBN 197882) JONES DAY San Francisco Office 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY Silicon Valley Office 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) JONES DAY 717 Texas, Suite 3300 Houston, TX 77002 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., Plaintiffs, v. SAP AG, et al. Defendants. Case No. 07-CV-1658 PJH (EDL)
DEFENDANTS' FIRST SUPPLEMENTAL RESPONSES AND OBJECTIONS TO PLAINTIFFS' FIFTH SET OF INTERROGATORIES TO DEFENDANT TOMORROWNOW, INC. AND FOURTH SET OF INTERROGATORIES TO DEFENDANTS SAP AG AND SAP AMERICA, INC.

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INTERROGATORIES I N T E R R O G A T O R Y N O . 122:
F o r e a c h w h o l e o r p a r t i a l C o p y o f e a c h o f the f o l l o w i n g v e r s i o n s o r r e l e a s e s o f O r a c l e Database products located a t any time o n SAP TN's Systems, Identify all origins or sources (i.e., from w h o m o r where SAP TN obtained any original copy o f the Oracle Database product): 8.1, 8 . 1 . 7 , 8 . 1 . 7 . 0 , 8 . 1 . 7 . 0 . 0 , 8 . 1 . 7 . 1 . 0 , 8 . 1 . 7 . 4 . 0 , 8i, 9.0.2.0.0, 9.0.2.692.1, 9.2, 9.2.0, 9.2.0.0, 9.2.0.1.0.,9.2.0.4,9.2.0.4.0,9.2.0.5.0 - 64 bit, 9.2.0.6, 9.2.0.6.0, 9.2.0.7, 9.2.05, 9.2i, 9i, 10.1.0.2.0, 10.1.0.3.0, 10.1.0.4.0, 10.1.2.0.0, 10.2.0.0.0, 10.2.0.1.0., 10.2.0.2.0, 10.2.0.3.0, 109.

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R E S P O N S E T O I N T E R R O G A T O R Y NO. 122:
THIS RESPONSE IS DESIGNATED AS CONFIDENTIAL INFORMA n O N TomorrowNow A n s w e r Defendant TomorrowNow objects to this interrogatory o n the grounds stated in the General Objections and Responses. Defendant TomorrowNow further objects to this request on burden grounds to the extent the interrogatory purports to request Defendants to create a c o m p i l a t i o n , abstract, o r s u m m a r y from materials t h a t D e f e n d a n t s h a v e a l r e a d y produced, will p r o d u c e , o r h a v e m a d e a v a i l a b l e f o r r e v i e w t h r o u g h the p a r t i e s ' a g r e e d D a t a W a r e h o u s e p r o t o c o l .
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Defendant TomorrowNow also objects to the extent this interrogatory is cumulative of other discovery requests. Defendant TomorrowNow objects that this request is misleading, vague, and ambiguous in that the request: (1) fails to define the terms "versions or releases," (2) fails to define and/or use a uniform naming convention for the alleged versions or releases of Oracle database components listed, and (3) lists releases (e.g. 8i, 9i, 10g, 8.1, 9.2i, etc) that would cover multiple versions and/or releases without Plaintiffs providing further identifying information. Defendant TomorrowNow further objects that the phrases "each whole or partial copy," "all origins or sources," "Oracle Database product(s)," "TN's systems," and "any original copy" are overly broad, unduly burdensome, vague and ambiguous. Defendant TomorrowNow further objects that the term "copy" is vague and ambiguous and that the phrase "original copy" is vague, ambiguous, and confusing. TomorrowNow objects that the phrase "at any time" makes this request unbounded as to time, and thus, this request is overly broad and unduly burdensome. TomorrowNow further objects that the request improperly assumes that TomorrowNow maintained each of the "versions" listed in the request and, to the extent TomorrowNow did not maintain the "versions" listed, the request is compound and should be treated as multiple interrogatories. Subject to and without waiving its Objections, Defendant TomorrowNow responds as follows: Defendants incurred the extreme expense and burden of presenting data from TomorrowNow's servers that Defendants' reasonably believe were used in the servicing of TomorrowNow's PeopleSoft, JDE, and Siebel customers, including any Oracle database related components on these servers, through an electronic "Data Warehouse." TomorrowNow relies on all of its current responses to Plaintiff Oracle Corporation's First Set of Interrogatories to Defendant TomorrowNow, Inc. (Set One) No. 11, including the supplemental database response, in responding to this request. Through this process, Oracle has been able to examine and request production of possible Oracle database related components that were kept in a centralized location. Pursuant to Rule 33(d), TomorrowNow incorporates by reference and relies on the data made available to Oracle through this process to further respond.
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As detailed below, TomorrowNow underwent the burden of attempting to locate the exact release information for the database related components on TomorrowNow's network by searching for sqlnet.log files within the network folder of each installation of the Oracle database related product versions to determine the specific release and version information for the instances that were likely installed and accessed by TomorrowNow. TomorrowNow was able to locate the following information: · PSDEV01_LV00\app\oracle\product\8.1.7\network\log\sqlnet.log, identifying the specific version as 8.1.7.4.0, which was made available to Plaintiffs for inspection as part of the Data Warehouse protocol · PSDEV01_LV00\app\oracle\product\9.2.0\network\log\sqlnet.log, identifying the specific version as 9.2.0.6.0, which was made available to Plaintiffs for inspection as part of the Data Warehouse protocol · DCPSTEMP01\E\oracle\ora92\network\log\sqlnet.log, identifying the specific versions as 9.2.0.1.0 and 9.2.0.4.0, which were made available to Plaintiffs for inspection as part of the Data Warehouse protocol · DCPSTEMP02\D\oracle\ora102\NETWORK\log\sqlnet.log, identifying the specific version as 10.2.0.1.0, which was made available to Plaintiffs for inspection as part of the Data Warehouse protocol · DCPSTEMP02\D\oracle\ora92\network\log\sqlnet.log, identifying the specific version as 9.2.0.4.0, which was made available to Plaintiffs for inspection as part of the Data Warehouse protocol · PSDEV02[also known as PSIBMAIX1] \d01\app\oracle\product\9.2.0\network\log\sqlnet.log, identifying the specific version as 9.2.0.6.0, which was made available to Plaintiffs for inspection as part of the Data Warehouse protocol · PSDEV02[also known as PSIBMAIX1] \d01\app\oracle\product\8.1.7\network\log\sqlnet.log, identifying the specific
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version as 8.1.7.4.0, which was made available to Plaintiffs for inspection as part of the Data Warehouse protocol · DCSBLPROD03\C\oracle\9.2\network\log\sqlnet.log, identifying the specific version as 9.2.0.4.0; see TN-OR04446713, TN(Hard Drive).73 · FSC2.1\DISK2-s001\C\oracle\network\log\sqlnet.log, identifying the specific version as 9.2.0.4.0 as located on the virtual machine from TNFS01_F\Siebel\Backups\FSC.2 (original and recollected image)(this and all VMs were or will be made available to Plaintiffs for inspection as part of the Data Warehouse protocol) · FSC2\DISK2-s001\C\oracle\network\log\sqlnet.log, identifying the specific version as 9.2.0.4.0 as located on the virtual machine from TNFS01_F\Siebel\Backups\FSC2 (original and recollected image)(this and all VMs were or will be made available to Plaintiffs for inspection as part of the Data Warehouse protocol) · FSC.1\DISK2-s001\C\oracle\9.2\network\log\sqlnet.log, identifying the specific version as 9.2.0.4.0 as located on the virtual machine from TNFS01_F\Siebel\Backups\FSC.1 (original and recollected image)(this and all VMs were or will be made available to Plaintiffs for inspection as part of the Data Warehouse protocol) · FSC.2\DISK2-s001\C\oracle\9.2\network\log\sqlnet.log, identifying the specific version as 9.2.0.4.0 as located on the virtual machine from TNFS01_F\Siebel\Backups\FSC.2 (original and recollected image)(this and all VMs were or will be made available to Plaintiffs for inspection as part of the Data Warehouse protocol) For the following instances, TomorrowNow located a folder structure appearing to correspond with an installed product, but because there is no corresponding sqlnet.log file maintained in the network folder, TomorrowNow reasonably believe these specific installed
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versions were not accessed by TomorrowNow employees as part of TomorrowNow's servicing of its customers: · PSDEV01_LV00\app\oracle\product\10.2.0\network\log which was made available to Plaintiffs for inspection as part of the Data Warehouse protocol · DCSBLPROD04\oracle\10g\NETWORK\log; see TN-OR04446714, TN(Hard Drive).74 · FSCSALES\Windows Server 2003 Enterprise Editions001\C\oracle\9.2\network\log as located on the virtual machine from TNFS01_F\Siebel\Backups\FSCSALES (original and recollected image)(this and all VMs were or will be made available to Plaintiffs for inspection as part of the Data Warehouse protocol) · FSCSALES.1\Windows Server 2003 Enterprise Editions001\C\oracle\9.2\network\log as located on the virtual machine from TNFS01_F\Siebel\Backups\FSCSALES.1 (original and recollected image)(this and all VMs were or will be made available to Plaintiffs for inspection as part of the Data Warehouse protocol) · FSCSALES.2\C\oracle\9.2\network\log as located on the virtual machine from TN-FS01_F\Siebel\Backups\FSCSALES.2 (recollected image)(this and all VMs were or will be made available to Plaintiffs for inspection as part of the Data Warehouse protocol) · StandardRegister\C\oracle\8.1\network as located on the virtual machine from TN-FS01_F\Siebel\Backups\Standard Register (original and recollected image)(this and all VMs were or will be made available to Plaintiffs for inspection as part of the Data Warehouse protocol) · StandardRegister\C\oracle\9.2\network\log as located on the virtual machine from TN-FS01_F\Siebel\Backups\Standard Register (original and recollected image)(this and all VMs were or will be made available to Plaintiffs for inspection as part of the Data Warehouse protocol)
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StandardRegister.1\C\oracle\8.1\network as located on the virtual machine from TN-FS01_F\Siebel\Backups\Standard Register.1 (original and recollected image)(this and all VMs were or will be made available to Plaintiffs for inspection as part of the Data Warehouse protocol)

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StandardRegister.1\C\oracle\9.2\network\log as located on the virtual machine from TN-FS01_F\Siebel\Backups\Standard Register.1 (original and recollected image)(this and all VMs were or will be made available to Plaintiffs for inspection as part of the Data Warehouse protocol)

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StandardRegister.2\C\oracle\8.1\network\log as located on the virtual machine from TN-FS01_F\Siebel\Backups\Standard Register.2 (original and recollected image)(this and all VMs were or will be made available to Plaintiffs for inspection as part of the Data Warehouse protocol)

Additionally, TomorrowNow located folder structures and sqlnet.log files maintained in the network folders on TN-FS01_F, but TomorrowNow does not believe these versions were ever installed and running on TN-FS01_F. Tomorrow reasonably believes that these specific versions were likely installed on a previous server named TN-Dell 2650-01 and the files were later moved to TN-FS01_F as follows: · TN-FS01_F\C\DellRestore\D Drive\oracle\ora81\network\LOG\sqlnet.log, identifying the specific version 8.1.7.4.0; see TN-OR06577705, TN(Hard Drive).94 · TN-FS01_F\C\DellRestore\D Drive\oracle\ora92\network\log\sqlnet.log, identifying the specific version 9.2.0.4.0; see TN-OR06577705, TN(Hard Drive).94 TomorrowNow reasonably believes that the following folder paths contain materials that were not running instances of an Oracle database platform or release, but that these materials could be used to install a running instance of a specific version as follows:

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TN-FS01_F Slice5\TN Software Library\Oracle\AIX\Oracle 10g release 2; see TN-OR07099078, TN(Hard Drive).104 (also made available for inspection as part of the original image in the Data Warehouse)

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TN-FS01_F Slice5\TN Software Library\Oracle\AIX\Oracle 8i release 3 (8.1.7) Enterprise Edition; see TN-OR07099078, TN(Hard Drive).104 (also made available for inspection as part of the original image in the Data Warehouse)

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TN-FS01_F Slice5\TN Software Library\Oracle\AIX\Oracle 8i release 3 (8.1.7) Enterprise Edition (64-bit); see TN-OR07099078, TN(Hard Drive).104 (also made available for inspection as part of the original image in the Data Warehouse)

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TN-FS01_F Slice5\TN Software Library\Oracle\AIX\Oracle 9i release 2\Oracle 9i release 2 (9.2.0.1) Enterprise Edition; see TN-OR07099078, TN(Hard Drive).104 (also made available for inspection as part of the original image in the Data Warehouse)

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TN-FS01_F Slice5\TN Software Library\Oracle\HP-UX\Oracle 8i release 3\Oracle 8i release 3 (8.1.7) Enterprise Edition; see TN-OR07099078, TN(Hard Drive).104 (also made available for inspection as part of the original image in the Data Warehouse)

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TN-FS01_F Slice5\TN Software Library\Oracle\HP-UX\Oracle 9i release 2\Oracle 9i release 2 (9.2.0.1) Enterprise Edition; see TN-OR07099078, TN(Hard Drive).104 (also made available for inspection as part of the original image in the Data Warehouse)

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TN-FS01_F Slice5\TN Software Library\Oracle\Solaris\Oracle 8i release 3\Oracle 8i release 3 (8.1.7) Enterprise Edition; see TN-OR07099078, TN(Hard Drive).104 (also made available for inspection as part of the original image in the Data Warehouse)
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TN-FS01_F Slice5\TN Software Library\Oracle\Solaris\Oracle 8i release 3\Oracle 8i release 3 (8.1.7) Enterprise Edition (64-bit); see TN-OR07099078, TN(Hard Drive).104 (also made available for inspection as part of the original image in the Data Warehouse)

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TN-FS01_F Slice5\TN Software Library\Oracle\Solaris\Oracle 9i release 2\Oracle 9i release 2 (9.2.0.1) Enterprise Edition (64-bit); see TNOR07099078, TN(Hard Drive).104 (also made available for inspection as part of the original image in the Data Warehouse)

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TN-FS01_F Slice5\TN Software Library\Oracle\Tru64 Unix\Oracle8i Enterprise Edition Release (8.1.7) for Compaq Tru64 UNIX; see TNOR07099078, TN(Hard Drive).104 (also made available for inspection as part of the original image in the Data Warehouse)

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TN-FS01_F Slice5\TN Software Library\Oracle\Windows2000 or NT\Oracle 10g release 2; see TN-OR07099078, TN(Hard Drive).104(also made available for inspection as part of the original image in the Data Warehouse)

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TN-FS01_F Slice5\TN Software Library\Oracle\Windows2000 or NT\Oracle 8i release 3; see TN-OR07099078, TN(Hard Drive).104 (also made available for inspection as part of the original image in the Data Warehouse)

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TN-FS01_F Slice5\TN Software Library\Oracle\Windows2000 or NT\Oracle 9i release 2\Oracle 9i release 2 (9.2.0.1) Enterprise Edition; see TNOR07099078, TN(Hard Drive).104 (also made available for inspection as part of the original image in the Data Warehouse)

TomorrowNow reasonably believes that no systematic or centralized records were maintained regarding from whom or where these Oracle database components were obtained. TomorrowNow has not yet analyzed whether the database components referenced above contain any software and support materials, including updates/patches and related support materials. To the extent these are the actual database applications, it is likely that the initial instance of the database release was obtained from the public Oracle Technology Network website.
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TomorrowNow reasonably believes this website could be www.oracle.com/technology. To the extent the location and address of the website can be known during the relevant time period, this is information which would be within Plaintiffs' custody, control, and possession. To the extent updates/patches were applied or stored in the locations identified above, TomorrowNow reasonably believes that they were likely obtained by TomorrowNow employees from the metalink.oracle.com website. In addition, some of the overly broad and unduly burdensome information that this interrogatory seeks is the subject of requested Rule 30(b)(6) deposition testimony and has already been the subject of prior individual testimony. See September 30, 2009 Notice of Deposition of TomorrowNow, Inc. Pursuant to Fed. R. Civ. P. 30(b)(6), Topic 1 ("The identification by release, version, and/or filename of any Oracle Database Software in []TN's possession at any time or which []TN obtained, Copied, or used for any purpose"), Topic 2 ("The identification of []TN's computers, servers, or other hardware on which any Oracle Database Software ever resided"), Topic 6 ("The original source of any Oracle Database Software which ever existed on []TN's Systems and the manner or method by which []TN acquired or accessed each such original source"); see also April 23, 2009 Deposition of George Lester; September 3, 2009 Deposition of Shelley Nelson. Pursuant to Rule 33(d), Defendants rely on all documents and files cited to further respond to this interrogatory. SAP AG and SAP America Response Defendant SAP objects to this interrogatory on the grounds stated in the General Objections and Responses. Consistent with the parties' practices with respect to discovery in this case, SAP interprets this request as limited to information relating to TomorrowNow and/or TomorrowNow's services of PeopleSoft, J.D. Edwards and/or Siebel applications. Defendant SAP further objects to this request on burden grounds to the extent the interrogatory purports to request Defendants to create a compilation, abstract, or summary from materials that Defendants have already produced, will produce, or have made available for review through the parties' agreed Data Warehouse protocol. Defendant SAP also objects to the extent this interrogatory is cumulative of other discovery requests. Defendant TomorrowNow objects that this request is
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misleading, vague, and ambiguous in that the request: (1) fails to define the terms "versions or releases," (2) fails to define and/or use a uniform naming convention for the alleged versions or releases of Oracle database components listed, and (3) lists releases (e.g. 8i, 9i, 10g, 8.1, 9.2i, etc) that would cover multiple versions and/or releases without Plaintiffs providing further identifying information. Defendant SAP further objects that the phrases "each whole or partial copy," "all origins or sources," "Oracle Database product(s)," "TN's systems," and "any original copy" are overly broad, unduly burdensome, vague and ambiguous. Defendant SAP further objects that the term "copy" is vague and ambiguous and that the phrase "original copy" is vague, ambiguous, and confusing. SAP objects that the phrase "at any time" makes this request unbounded as to time, and thus, this request is overly broad and unduly burdensome. Defendant SAP further objects that the request improperly assumes that TomorrowNow maintained each of the "versions" listed in the request and, to the extent TomorrowNow did not maintain the "versions" listed, the request is compound and should be treated as multiple interrogatories. Subject to and without waiving its Objections, SAP responds as follows: SAP has no additional knowledge other than what is reflected in TomorrowNow's answer to this Interrogatory. SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 122: THIS SUPPLEMENTAL RESPONSE IS DESIGNATED AS CONFIDENTIAL INFORMATION TomorrowNow Answer TomorrowNow further responds that TomorrowNow has provided further deposition testimony that is responsive to the overly broad and unduly burdensome information that this request seeks. See, e.g., December 4, 2009 of Bill Thomas to Rule 30(b)(6); December 3, 2009 of John Baugh. INTERROGATORY NO. 123: For each whole or partial Copy of each of the following versions or releases of Oracle Database products located at any time on SAP TN's Systems, Identify any Customers for which the whole or partial Copy was used as part of SAP TN's provision of software support services to
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INTERROGATORY NO. 124: Identify all Oracle Database Software and Support Materials Downloaded by any Defendant from Metalink, E-Delivery, or any other Oracle-owned or -managed website (including the credentials used to Download those Oracle Database Software and Support Materials). RESPONSE TO INTERROGATORY NO. 124: THIS RESPONSE IS DESIGNATED AS CONFIDENTIAL INFORMATION TomorrowNow Answer Defendant TomorrowNow objects to this interrogatory on the grounds stated in the General Objections and Responses. Defendant TomorrowNow objects to this interrogatory to the extent it requires Defendants to evaluate and chronicle information that involved numerous employees, took place over several years, and is too complex and detailed to describe in an interrogatory response. Defendant TomorrowNow further objects to this request on burden grounds to the extent the interrogatory purports to request Defendants to create a compilation, abstract, or summary from materials that Defendants have already produced, will produce, or have made available for review through the parties' agreed Data Warehouse protocol. Defendant TomorrowNow further objects that the use of the terms "all" and "any" make this request overly broad, unduly burdensome, vague and ambiguous. Defendant TomorrowNow objects that the terms and phrases "download(ed)," "Oracle-owned or ­ managed website," and "credentials used to download" are vague and ambiguous. TomorrowNow also objects that the term "software" in the context of the request is vague and ambiguous. Subject to and without waiving its Objections, Defendant TomorrowNow responds as follows: Defendants incurred the extreme expense and burden of presenting data from TomorrowNow's servers that Defendants' reasonably believe were used in the servicing of TomorrowNow's PeopleSoft, JDE, and Siebel customers, including any Oracle database related components on these servers, through an electronic "Data Warehouse." TomorrowNow relies on all of its current responses to Plaintiff Oracle Corporation's First Set of Interrogatories to Defendant TomorrowNow, Inc. (Set One) No. 11, including the supplemental database response,
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in responding to this request. Through this process, Oracle has been able to examine and request production of possible software and support materials that were kept in a centralized location, including any potential Oracle database software and support materials. Additionally, software and support materials could be contained on TomorrowNow employee hard drives, and/or within TomorrowNow employee e-mail boxes; however, to the extent that software and support materials were saved in these locations, they were not saved in a systemic fashion and were not centralized sources for these materials. Pursuant to Rule 33(d), TomorrowNow incorporates by reference and relies on the data made available to Oracle through this process to further respond. As detailed below, TomorrowNow underwent the burden of attempting to locate the exact release information for the database related components on TomorrowNow's network by searching for sqlnet.log files within the network folder of each installation of the Oracle database related product versions to determine the specific release and version information for the instances that were likely installed and accessed by TomorrowNow. TomorrowNow was able to locate the following information: · PSDEV01_LV00\app\oracle\product\8.1.7\network\log\sqlnet.log, identifying the specific version as 8.1.7.4.0, which was made available to Plaintiffs for inspection as part of the Data Warehouse protocol · PSDEV01_LV00\app\oracle\product\9.2.0\network\log\sqlnet.log, identifying the specific version as 9.2.0.6.0, which was made available to Plaintiffs for inspection as part of the Data Warehouse protocol · DCPSTEMP01\E\oracle\ora92\network\log\sqlnet.log, identifying the specific versions as 9.2.0.1.0 and 9.2.0.4.0, which was made available to Plaintiffs for inspection as part of the Data Warehouse protocol · DCPSTEMP02\D\oracle\ora102\NETWORK\log\sqlnet.log, identifying the specific version as 10.2.0.1.0, which was made available to Plaintiffs for inspection as part of the Data Warehouse protocol

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DCPSTEMP02\D\oracle\ora92\network\log\sqlnet.log, identifying the specific version as 9.2.0.4.0, which was made available to Plaintiffs for inspection as part of the Data Warehouse protocol

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PSDEV02[also known as PSIBMAIX1] \d01\app\oracle\product\9.2.0\network\log\sqlnet.log, identifying the specific version as 9.2.0.6.0, which was made available to Plaintiffs for inspection as part of the Data Warehouse protocol

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PSDEV02[also known as PSIBMAIX1] \d01\app\oracle\product\8.1.7\network\log\sqlnet.log, identifying the specific version as 8.1.7.4.0, which was made available to Plaintiffs for inspection as part of the Data Warehouse protocol

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DCSBLPROD03\C\oracle\9.2\network\log\sqlnet.log, identifying the specific version as 9.2.0.4.0; see TN-OR04446713, TN(Hard Drive).73

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FSC2.1\DISK2-s001\C\oracle\network\log\sqlnet.log, identifying the specific version as 9.2.0.4.0 as located on the virtual machine from TNFS01_F\Siebel\Backups\FSC.2 (original and recollected image)(this and all VMs were or will be made available to Plaintiffs for inspection as part of the Data Warehouse protocol)

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FSC2\DISK2-s001\C\oracle\network\log\sqlnet.log, identifying the specific version as 9.2.0.4.0 as located on the virtual machine from TNFS01_F\Siebel\Backups\FSC2 (original and recollected image)(this and all VMs were or will be made available to Plaintiffs for inspection as part of the Data Warehouse protocol)

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FSC.1\DISK2-s001\C\oracle\9.2\network\log\sqlnet.log, identifying the specific version as 9.2.0.4.0 as located on the virtual machine from TNFS01_F\Siebel\Backups\FSC.1 (original and recollected image)(this and all VMs were or will be made available to Plaintiffs for inspection as part of the Data Warehouse protocol) - 25 DEF. 1ST SUPP. RESP. TO 5th ROGS TO TN AND 4th ROGS TO SAP Case No. 07-CV-1658 PJH (EDL)

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FSC.2\DISK2-s001\C\oracle\9.2\network\log\sqlnet.log, identifying the specific version as 9.2.0.4.0 as located on the virtual machine from TNFS01_F\Siebel\Backups\FSC.2 (original and recollected image)(this and all VMs were or will be made available to Plaintiffs for inspection as part of the Data Warehouse protocol)

For the following instances, TomorrowNow located a folder structure appearing to correspond with an installed product, but because there is no corresponding sqlnet.log file maintained in the network folder, TomorrowNow reasonably believe these specific installed versions were not accessed by TomorrowNow employees as part of TomorrowNow's servicing of its customers: · PSDEV01_LV00\app\oracle\product\10.2.0\network\log which was made available to Plaintiffs for inspection as part of the Data Warehouse protocol · DCSBLPROD04\oracle\10g\NETWORK\log; see TN-OR04446714, TN(Hard Drive).74 · FSCSALES\Windows Server 2003 Enterprise Editions001\C\oracle\9.2\network\log as located on the virtual machine from TNFS01_F\Siebel\Backups\FSCSALES (original and recollected image)(this and all VMs were or will be made available to Plaintiffs for inspection as part of the Data Warehouse protocol) · FSCSALES.1\Windows Server 2003 Enterprise Editions001\C\oracle\9.2\network\log as located on the virtual machine from TNFS01_F\Siebel\Backups\FSCSALES.1 (original and recollected image)(this and all VMs were or will be made available to Plaintiffs for inspection as part of the Data Warehouse protocol) · FSCSALES.2\C\oracle\9.2\network\log as located on the virtual machine from TN-FS01_F\Siebel\Backups\FSCSALES.2 (recollected image)(this and all VMs were or will be made available to Plaintiffs for inspection as part of the Data Warehouse protocol) - 26 DEF. 1ST SUPP. RESP. TO 5th ROGS TO TN AND 4th ROGS TO SAP Case No. 07-CV-1658 PJH (EDL)

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StandardRegister\C\oracle\8.1\network as located on the virtual machine from TN-FS01_F\Siebel\Backups\Standard Register (original and recollected image)(this and all VMs were or will be made available to Plaintiffs for inspection as part of the Data Warehouse protocol)

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StandardRegister\C\oracle\9.2\network\log as located on the virtual machine from TN-FS01_F\Siebel\Backups\Standard Register (original and recollected image)(this and all VMs were or will be made available to Plaintiffs for inspection as part of the Data Warehouse protocol)

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StandardRegister.1\C\oracle\8.1\network as located on the virtual machine from TN-FS01_F\Siebel\Backups\Standard Register.1 (original and recollected image)(this and all VMs were or will be made available to Plaintiffs for inspection as part of the Data Warehouse protocol)

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StandardRegister.1\C\oracle\9.2\network\log as located on the virtual machine from TN-FS01_F\Siebel\Backups\Standard Register.1 (original and recollected image)(this and all VMs were or will be made available to Plaintiffs for inspection as part of the Data Warehouse protocol)

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StandardRegister.2\C\oracle\8.1\network\log as located on the virtual machine from TN-FS01_F\Siebel\Backups\Standard Register.2 (original and recollected image)(this and all VMs were or will be made available to Plaintiffs for inspection as part of the Data Warehouse protocol)

Additionally, TomorrowNow located folder structures and sqlnet.log files maintained in the network folders on TN-FS01_F, but TomorrowNow does not believe these versions were ever installed and running on TN-FS01_F. Tomorrow reasonably believes that these specific versions were likely installed on a previous server named TN-Dell 2650-01 and the files were later moved to TN-FS01_F as follows: · TN-FS01_F\C\DellRestore\D Drive\oracle\ora81\network\LOG\sqlnet.log, identifying the specific version 8.1.7.4.0; see TN-OR06577705, TN(Hard Drive).94 - 27 DEF. 1ST SUPP. RESP. TO 5th ROGS TO TN AND 4th ROGS TO SAP Case No. 07-CV-1658 PJH (EDL)

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TN-FS01_F\C\DellRestore\D Drive\oracle\ora92\network\log\sqlnet.log, identifying the specific version 9.2.0.4.0; see TN-OR06577705, TN(Hard Drive).94

TomorrowNow reasonably believes that the following folder paths contain materials that were not running instances of an Oracle database platform or release, but that these materials could be used to install a running instance of a specific version as follows: · TN-FS01_F Slice5\TN Software Library\Oracle\AIX\Oracle 10g release 2; see TN-OR07099078, TN(Hard Drive).104 (also made available for inspection as part of the original image in the Data Warehouse) · TN-FS01_F Slice5\TN Software Library\Oracle\AIX\Oracle 8i release 3 (8.1.7) Enterprise Edition; see TN-OR07099078, TN(Hard Drive).104 (also made available for inspection as part of the original image in the Data Warehouse) · TN-FS01_F Slice5\TN Software Library\Oracle\AIX\Oracle 8i release 3 (8.1.7) Enterprise Edition (64-bit); see TN-OR07099078, TN(Hard Drive).104 (also made available for inspection as part of the original image in the Data Warehouse) · TN-FS01_F Slice5\TN Software Library\Oracle\AIX\Oracle 9i release 2\Oracle 9i release 2 (9.2.0.1) Enterprise Edition; see TN-OR07099078, TN(Hard Drive).104 (also made available for inspection as part of the original image in the Data Warehouse) · TN-FS01_F Slice5\TN Software Library\Oracle\HP-UX\Oracle 8i release 3\Oracle 8i release 3 (8.1.7) Enterprise Edition; see TN-OR07099078, TN(Hard Drive).104 (also made available for inspection as part of the original image in the Data Warehouse) · TN-FS01_F Slice5\TN Software Library\Oracle\HP-UX\Oracle 9i release 2\Oracle 9i release 2 (9.2.0.1) Enterprise Edition; see TN-OR07099078,
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TN(Hard Drive).104 (also made available for inspection as part of the original image in the Data Warehouse) · TN-FS01_F Slice5\TN Software Library\Oracle\Solaris\Oracle 8i release 3\Oracle 8i release 3 (8.1.7) Enterprise Edition; see TN-OR07099078, TN(Hard Drive).104 (also made available for inspection as part of the original image in the Data Warehouse) · TN-FS01_F Slice5\TN Software Library\Oracle\Solaris\Oracle 8i release 3\Oracle 8i release 3 (8.1.7) Enterprise Edition (64-bit); see TN-OR07099078, TN(Hard Drive).104 (also made available for inspection as part of the original image in the Data Warehouse) · TN-FS01_F Slice5\TN Software Library\Oracle\Solaris\Oracle 9i release 2\Oracle 9i release 2 (9.2.0.1) Enterprise Edition (64-bit); see TNOR07099078, TN(Hard Drive).104 (also made available for inspection as part of the original image in the Data Warehouse) · TN-FS01_F Slice5\TN Software Library\Oracle\Tru64 Unix\Oracle8i Enterprise Edition Release (8.1.7) for Compaq Tru64 UNIX; see TNOR07099078, TN(Hard Drive).104 (also made available for inspection as part of the original image in the Data Warehouse) · TN-FS01_F Slice5\TN Software Library\Oracle\Windows2000 or NT\Oracle 10g release 2; see TN-OR07099078, TN(Hard Drive).104 (also made available for inspection as part of the original image in the Data Warehouse) · TN-FS01_F Slice5\TN Software Library\Oracle\Windows2000 or NT\Oracle 8i release 3; see TN-OR07099078, TN(Hard Drive).104 (also made available for inspection as part of the original image in the Data Warehouse) · TN-FS01_F Slice5\TN Software Library\Oracle\Windows2000 or NT\Oracle 9i release 2\Oracle 9i release 2 (9.2.0.1) Enterprise Edition; see TNOR07099078, TN(Hard Drive).104 (also made available for inspection as part of the original image in the Data Warehouse) - 29 DEF. 1ST SUPP. RESP. TO 5th ROGS TO TN AND 4th ROGS TO SAP Case No. 07-CV-1658 PJH (EDL)

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TomorrowNow has not yet analyzed whether the database components referenced above contain any software and support materials, including updates/patches and related support materials, or are simply the actual database applications. As explained in Response No. 122 above, which is incorporated here, TomorrowNow reasonably believes that no systematic or centralized records were maintained regarding from whom or where these Oracle database components were obtained. To the extent these are the actual database applications, it is likely that the initial instance of the database release was obtained from the public Oracle Technology Network website. To the extent any of these database components contain updates/patches or other support materials, these support materials likely would have been obtained from the website metalink.oracle.com and would be stored in the TN Software Library locations identified above. To the extent any materials were obtained from Metalink, the credentials used likely were for an account set up by John Baugh. See TN-OR01226238. It is TomorrowNow's understanding that, at least initially, this account was free and did not require the purchase of support from Oracle. As of June 6, 2006, the credentials for this account were: Log-in name: [e-mail] and password xijr61x8. See TN-OR08295762. TomorrowNow is not currently aware of whether these credentials were ever used to log into the Metalink site. TomorrowNow reasonably believes, but has not been able to confirm, that different credentials were used before this date. TomorrowNow reasonably believes that sometime around June 2006, TomorrowNow ceased accessing the Metalink website. Additionally, TomorrowNow is not currently aware of specific instances in which it applied patches or updates to the initial instance of the database components referenced above. Further, TomorrowNow is not currently aware of any such materials that were obtained from Oracle's E-Delivery website. Some of the overly broad and unduly burdensome information that this interrogatory seeks is the subject of requested Rule 30(b)(6) deposition testimony and has already been the subject of prior individual testimony. See September 30, 2009 Notice of Deposition of TomorrowNow, Inc. Pursuant to Fed. R. Civ. P. 30(b)(6), Topic 1 ("The identification by release, version, and/or filename of any Oracle Database Software in []TN's possession at any time or which []TN obtained, Copied, or used for any purpose"), Topic 2 ("The identification of []TN's
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computers, servers, or other hardware on which any Oracle Database Software ever resided"), Topic 3 ("The manner, method, and purposes for which []TN used any Oracle Database Software which ever existed on its Systems"), Topic 4 ("The identification of any Customers for which []TN used any Oracle Database Software on its Systems to provide support services"), Topic 5 ("The manner and method by which []TN used any Oracle Database Software on its Systems to provide support services to Customers"), Topic 6 ("The original source of any Oracle Database Software which ever existed on []TN's Systems and the manner or method by which []TN acquired or accessed each such original source"); April 23, 2009 Deposition of George Lester; September 3, 2009 Deposition of Shelley Nelson. Pursuant to Rule 33(d), Defendants rely on all documents and files cited to further respond to this interrogatory. SAP AG and SAP America Answer Defendant TomorrowNow objects to this interrogatory on the grounds stated in the General Objections and Responses. SAP objects that the request is overly broad, unduly burdensome and unlikely to lead to the discovery of admissible evidence. Since SAP is a reseller of Oracle databases, the phrase "by any Defendant" could lead to information well outside the scope of this case. Furthermore, this request seeks information not related to Oracle's allegations in this case and thus, SAP will interpret this interrogatory in a manner related to Oracle's current allegations in this case and as referring only to Oracle software or support materials obtained in some manner by SAP through TomorrowNow. SAP also objects that the term "software" in the context of the request is vague and ambiguous. Defendant SAP objects to this interrogatory to the extent it requires Defendants to evaluate and chronicle information that involved numerous employees, took place over several years, and is too complex and detailed to describe in an interrogatory response. Defendant SAP further objects to this request on burden grounds to the extent the interrogatory purports to request Defendants to create a compilation, abstract , or summary from materials that Defendants have already produced, will produce, or have made available for review through the parties' agreed Data Warehouse protocol. Defendant SAP further objects that the use of the terms "all" and "any" as making this request overly broad, unduly burdensome, vague and ambiguous. Defendant SAP further objects that the terms and
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phrases "download(ed)," "Oracle-owned or ­ managed website," and "credentials used to download" are vague and ambiguous. Subject to and without waiving its Objections, SAP responds as follows: SAP has no additional knowledge other than what is reflected in TomorrowNow's answer to this Interrogatory. SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 124: THIS SUPPLEMENTAL RESPONSE IS DESIGNATED AS CONFIDENTIAL INFORMATION TomorrowNow Answer TomorrowNow further responds that TomorrowNow has provided further deposition testimony that is responsive to the overly broad and unduly burdensome information that this request seeks. See, e.g., December 4, 2009 of Bill Thomas to Rule 30(b)(6); December 3, 2009 of John Baugh.

Dated: December 4, 2009.

JONES DAY

By: /s/ Jason McDonell Jason McDonell Counsel for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC.

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