Oracle Corporation et al v. SAP AG et al

Filing 817

Declaration of Tharan Gregory Lanier in Support of 816 Defendants' Cross Motion for Partial Summary Judgment and Opposition to Plaintiffs' Motion for Partial Summary Judgment (FILED PURSUANT TO D.I. 810) filed by SAP 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, # 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)(Related document(s) 810 ) (Froyd, Jane) (Filed on 8/27/2010) Modified on 8/30/2010 (vlk, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 817 Att. 19

EXHIBIT 19

Dockets.Justia.com

DR. UWE KOEHLER December 4, 2008 HIGHLY CONFIDENTIAL
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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. ______________________________ ) ) ) ) ) ) ) ) ) ) No. 07-CV-1658(PJH) ) ) ) ) ) ) ) ) )

30(b)(6) VIDEOTAPED DEPOSITION OF ORACLE USA, INC. (DEFENDANTS' FIRST DEPOSITION NOTICE) BY ITS DESIGNEE DR. UWE KOEHLER _________________________________ THURSDAY, DECEMBER 4, 2008

HIGHLY REPORTED BY:

CONFIDENTIAL

HOLLY THUMAN, CSR No. 6834, RMR, CRR (1-414227)

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A. Q.

Yes. Thank you. How -- you also understand

today that you're being presented as a corporate

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representative of the plaintiffs in this case; that you're not being deposed in your individual capacity as Dr. Uwe Koehler, but as a representative of the plaintiffs that have sued my clients in this case? A. Yes.

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Q.

What were the documents that you recall

looking at, beginning 2 weeks ago? A. The documents I recall -- and do you mean

the documents in the binder? Q. A. Yes. Yes, okay. The documents I remember were

the third amended complaint, the deposition notice, and interrogatory response related to the investigation, and a bunch of emails. Q. A. What emails do you recall looking at? I recall specifically three, let's say,

categories of emails. The first category of emails were about, as we say, the first start of the investigation, in November-December, 2006. The second category were a bunch of emails related to the second phase of the investigation, or click investigation as we call it, in January, early February 2007. And the third category of emails were about fixing a security hole we identified in the

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application related to the investigation. Q. What do you recall about the emails on

the -- in the first category, those that began in November and December of '06? A. The emails I recall in November-December

were emails from Buffy Ransom, who initially detected the issue, raised the issue to her manager, Jim Patrice. Jim Patrice raised it to my boss, my

boss raised it to me. I started a verification, involved my team, and finally, 2 days later, involved the attorneys.
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Q.

Okay.

What other emails do you recall

looking at that you categorized in that first group of emails, the beginning of the investigation in November or December of 2006, that you reviewed in preparation for your deposition? A. The first email I remember is an email from

my previous boss, Todd Barton, to me, with a voice mail attachment. The voice mail was from Jim

Patrice, stating that his team found suspicious, strange things on the PeopleSoft Customer Connection system. He also mentioned that it may point to

TomorrowNow, because one of the user names or user IDs showing up was TomNow, and he asked Todd to have a look at that. That was the first one.

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Q.

Then what was the start; what precipitated

or started the click investigation? MR. ALINDER: speculation. You can answer it to the extent you know. THE WITNESS: Okay. I can tell you what I Objection. Calls for

know, what I found out speaking to the people who had been involved in this clickstream investigation. What I learned was that Oracle, the support organization, lost customers. matter of fact. That was just a

And some of these customer names

showed up on the TomorrowNow web page, as a matter of fact. That was not a secret. Public

information. And the support organization became concerned why this happens, and wanted to know what's wrong, what are we doing wrong, what can we do better, whatever. And that was mentioned in a meeting, Jim

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Patrice meeting.

And Sid Chilakapati, or -- I don't

know how to pronounce the name.
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Q.

I'm not going to mark this, but I just

wanted to show it to you. On the document I just handed you, the second little bullet point down says, no customer systems affected. Do you see that? A. Q. A. Yes, I see that. What did you mean by that? As I mentioned before, initially when Jim

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Patrice brought that issue to our attention, it was not clear at all what happened. And I investigated

that into two directions, first of all, because that -- we looked at the highest risk first, so are any of our systems compromised, hacked, by any external party? And since he mentioned customer names, and it was about customers, and customer IDs, we initially thought, is any of our customers affected? So how the hell these people got the customer IDs, for example, that was one of the questions. And we looked into that, is there any evidence that customers are affected or customers had been hacked and their systems had been abused to go into all that. And in the initial verification, I couldn't find any of that. That' why my outcome was, it's

not as serious as it looked like, because there's no evidence that our systems have been compromised, and there's no evidence that customer systems had been compromised.
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