Oracle Corporation et al v. SAP AG et al

Filing 792

Declaration of Tharan Gregory Lanier in Support of 791 Defendants' Oppositions to Plaintiffs' Motions in Limine filed bySAP AG, SAP America Inc, Tomorrownow 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)(Related document(s) 791 ) (Froyd, Jane) (Filed on 8/19/2010) Modified on 8/20/2010 (vlk, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 792 Att. 29

EXHIBIT 29

Dockets.Justia.com

SHELLEY NELSON December 6, 2007 HIGHLY CONFIDENTIAL
Page 59
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ORACLE CORPORATION, a Delaware corporation, ORACLE USA, INC., a Colorado corporation, and ORACLE INTERNATIONAL CORPORATION, a California corporation, Plaintiffs, ) ) ) ) ) ) ) ) vs. ) ) SAP AG, a German ) corporation, SAP AMERICA, ) INC., a Delaware corporation,) TOMORROWNOW, INC., a Texas ) corporation, and DOES 1-50, ) inclusive, ) Defendants. )

CASE NO. 07-CV-01658 (MJJ)

"HIGHLY CONFIDENTIAL" ORAL VIDEOTAPED DEPOSITION OF TOMORROWNOW BY AND THROUGH SHELLEY NELSON VOLUME 2 DECEMBER 6, 2007

ORAL VIDEOTAPED DEPOSITION OF SHELLEY NELSON, produced as a witness at the instance of the Plaintiffs and duly sworn, was taken in the above-styled and numbered cause on the 6th day of December, 2007, from 9:10 a.m. to 3:53 p.m., before Dana Richardson, Certified Shorthand Reporter in and for the State of Texas, reported by computerized stenotype machine at the offices of Jones Day, 717 Texas, Suite 3300, Houston, Texas 77002, pursuant to the Federal Rules of Civil Procedure and the provisions stated on the record or attached hereto. Job No. 1603-85363

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SHELLEY NELSON December 6, 2007 HIGHLY CONFIDENTIAL
Page 153

TEXT REMOVED - NOT RELEVANT TO MOTION

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Q.

So, for any support material that was provided to a

customer from the master library, there's really no way of determining originally whose customer credentials were used to download that support material; is that right? A. Q. A. No. How would you tell? Depending on the type of document -- not all

documents but some of the documents have a header, when you save them down as a text file or something, that says "Welcome back" so-and-so; and sometimes it mentions the customer name, depending on what that login ID profile looked like. Q. What -- what kinds of materials that would be

downloaded would have that information attached to it? A. I believe the updates and fixes on a -- on a text

file where it showed what the screen looked like, not the

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SHELLEY NELSON December 6, 2007 HIGHLY CONFIDENTIAL
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attachments themselves but a text file that had a picture of what the page looked like; possibly the case documentation, although that was client-specific anyway. download a case for another client anyway. all the other document types. seen. Q. Okay. Other than -- other than the text file for an You couldn't I'm not sure of

Those are the ones I know I've

update and fix, if it's there, and the case documentation, are you aware of any other materials downloaded from Oracle in the master library that you could identify which customer credential was used to download them? A. I would say for the particular releases where we know

we had only one client, it would be pretty easy to -- to surmise that that was the client ID we'd used; certainly looking at records, e-mails that had -- that had gone between my team and the download team requesting that downloads take place and giving them a Customer Connection ID, "Please download these products and releases for this customer. Here's your login;" and then today, I know Peggy tracks -but -- but she wasn't part of the master library. So, I don't

know of any log that would say which ones were downloaded with which IDs.

TEXT REMOVED - NOT RELEVANT TO MOTION

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