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. 110

Case4:07-cv-01658-PJH Document657-111

Filed03/03/10 Page1 of 4

EXHIBIT 110
Dockets.Justia.com

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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

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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

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