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. 20

EXHIBIT 20

Dockets.Justia.com

DR. UWE KOEHLER December 5, 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' SECOND DEPOSITION NOTICE) BY ITS DESIGNEE DR. UWE KOEHLER _________________________________ FRIDAY, DECEMBER 5, 2008 HIGHLY CONFIDENTIAL

REPORTED BY:

HOLLY THUMAN, CSR No. 6834, RMR, CRR (1-414229)

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MR. COWAN: How are you? A. Q. I'm fine. Just fine.

Q.

Good morning, Mr. Koehler.

How are you doing? I assume we don't need to go

through the rules of the road, so to speak, on the deposition, given that you were here yesterday, so I will move on to what is now the topic in Defendants' Second Notice of Deposition of Plaintiff under 30(b)(6). And that notice has been marked as And I put that before you.

Exhibit 166.

Have you seen that notice before? A. Q. Yes, I have seen it before. Okay. And you understand the topic that

you're here to testify today on includes everything that's described in the notice, but it's more particularly described on lines 12 through 15 of page 2 of Exhibit 166. A. Yes. Correct?

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Q.

Is the PeopleSoft Customer Connection

system set up in such a way where the users that access that system only have read-only access? MR. ALINDER: speculation. Vague. What do you mean by read-only Objection. Calls for

THE WITNESS: access? MR. COWAN: Q.

Okay, fair enough.

Is there any way, to your knowledge, for any user of the Customer Connection system, any outside user, non-Oracle employee user, to write anything onto the PeopleSoft Customer Connection system? MR. ALINDER: THE WITNESS: Objection. Vague.

Just to clarify, we are

talking about files, or should that also include customer feedback information? MR. COWAN: be very precise here. Q. Okay. And that's -- let's

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A. Q.

Yeah. There is a certain degree of interaction

that any user of the Customer Connection system has to have in order to use the system. A. Q. Yes. Okay. And, for example, it has to make a Correct?

query into that system to be able to get any information, whether either just to look at it or to download it. A. Q. Right?

Right. But I'm talking about the physical data

that is on the system. Is there any way for an outside user, a non-Oracle employee, to your knowledge, to change or alter in any way the data that is on Customer Connection? MR. ALINDER: speculation. Vague. To my knowledge, no. Q. And the system is designed Objection. Calls for

THE WITNESS: MR. COWAN: that way, is it not? MR. ALINDER: speculation. THE WITNESS: MR. COWAN: Q.

Objection.

Calls for

I believe so. As you sit here today, are

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you aware of any action by anyone at TomorrowNow that in any way changed or altered any data on the PeopleSoft Customer Connection system? MR. ALINDER: Objection. Calls for a legal

conclusion, calls for speculation. THE WITNESS: And again, data, we are

talking about same data we just talked before, which means primarily the content -- or it means the content on these servers? MR. COWAN: A. Q. Q. Correct.

No, I'm not aware of that. Are you aware of any action by anyone at

TomorrowNow that changed or altered in any way any programs that are part of the PeopleSoft Customer Connection system? MR. ALINDER: THE WITNESS: Same objections. Programs, you mean the

application consisted -- the system consists of? MR. COWAN: A. Q. Q. Correct.

No, I'm not aware of that. Are you aware of any action by anyone at

TomorrowNow that changed or altered, in any way, any part of the physical hardware system that comprises the PeopleSoft Customer Connection? MR. ALINDER: Same objections.

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THE WITNESS: MR. COWAN: Q.

No, I am not aware of that. Are you aware of any action

by anyone at TomorrowNow that changed or altered in any way any part of the information that is on the PeopleSoft Customer Connection system? MR. ALINDER: THE WITNESS: information? Same objections. The -- what do you mean with

What's the difference between the

content we already talked about and the information you are now talking about? MR. COWAN: Q. Well, the content within Correct?

the software and support materials. A. Q. Correct, yes.

But the Customer Connection system also has

a web page display that's made available to the users, et cetera. A. Q. Correct. Correct? Yes.

Are you aware of any action by anyone at

TomorrowNow that changed or altered in any way any of the information that is displayed or presented or otherwise made available as part of the PeopleSoft Customer Connection system? MR. ALINDER: speculation. THE WITNESS: I'm not aware of that. Objection. Vague, calls for

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MR. COWAN:

Q.

And all the answers you

just gave me regarding any changes or alterations that were in response to my questions about anyone at TomorrowNow, that would hold true to any of the defendants in this case. MR. ALINDER: Correct? Calls for a legal

Objection.

conclusion, calls for speculation. THE WITNESS: MR. COWAN: Q. I believe so. To your knowledge, did any

of the actions of any of the defendants in this case affect the availability of any of the data that is on the PeopleSoft Customer Connection system? MR. ALINDER: Objection. Vague, calls for

a legal conclusion, calls for speculation. THE WITNESS: That's a good question. Let

me answer that question in that way. We never received complaints from customers that the systems had not been available or slow. And internally, to my knowledge, we are also not aware of that. has happened. MR. COWAN: Q. But to your knowledge, This does not necessarily mean it

you're not aware of any instance that any action of any defendants affected the availability of any data on the Customer Connection system, that you're aware

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of? MR. ALINDER: for expert testimony. THE WITNESS: MR. COWAN: Q. Yeah, I'm not aware of that. And the same would hold Same objections, and calls

true, you're not aware of any actions by any of the defendants in this case that would affect the access to any programs or systems or information that are a part of the PeopleSoft Customer Connection system. Correct? MR. ALINDER: Objection. Calls for a legal

conclusion, calls for expert testimony. THE WITNESS: You mean that in that way

that it has temporarily not been available, or in -MR. COWAN: A. Q. Or -- right. No, I'm not aware of that.

Whatever, yeah.

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THE WITNESS:

I would like to make two

clarifications to be absolutely precise. MR. COWAN: A. Q. Okay.

What we are talking about. The first one is when we are talking about

alteration, modification of data, then we need to be clear that first of all, what alteration and modification means. Because there is data which had

been changed in that way that it had been created on the system when they accessed the system, such as the entries in Jason Rice' database with the wrong and modified phone numbers, the wrong email addresses, as we talked yesterday. I do not want to say this is an alteration or modification, because it was created at the time, and later on useless for us. The same applies to the clicks Sid was analyze. time. That's also data that was created at that

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So there is data which has been created in a wrong way which was not useful -- is not useful for us. The second clarification, when we speak about the availabilities, slowdowns, then I'm not aware of any slowdown or unavailabilities for the official processes, escalation processes in Oracle. This does not necessarily mean that customers may have complained to the support representatives out there, which was not put in the system internally. MR. COWAN: Q. Okay. But with respect to

the -- all of your answers regarding alteration or modification or change of data on the system, your answers are still what you gave me earlier: To your

knowledge, there's no data that existed on the system prior to TomorrowNow's access to the system that was changed or altered in any way. MR. ALINDER: speculation. THE WITNESS: If we define alteration, Objection. Correct?

Calls for

modification that way, that the data existed already on the system and then later on was changed or modified, then I'm not aware of that. MR. COWAN: Q. And you're also not aware

of any data being deleted or otherwise removed from

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the system that existed on the system prior to TomorrowNow's access. MR. ALINDER: Correct? Objection. Objection. Calls

for speculation, calls for expert testimony. THE WITNESS: No, I'm not aware of that.

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Q.

So when a user uses Change Assistant for

JDE, that user inputs certain data about the user -the email address, phone number, et cetera. Correct? A. Q. Correct. And then that information is then

transmitted to the Customer Connection system once the Change Assistant tool is used to access the Customer Connection. A. Q. Correct. And that is typical, whether any of the Correct?

defendants used that tool or any other customer used it. It's the same kind of information that's being

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transmitted to Customer Connection. MR. ALINDER: speculation. THE WITNESS: Objection.

Correct? Vague, calls for

Everybody who is using Change

Assistant tool, regardless of TomorrowNow or anybody else in the world, should enter that data, and that data is transmitted into that database. the tool works. MR. COWAN: question. And the -- with respect to the clicks, if a user is using a solution and it gets prompted, did this solution help you or satisfy your problem, yes/no, every user that uses the system that's looking at a solution that gets that question is going to be transmitting data back either in the form of a yes answer or a no answer. MR. ALINDER: speculation. Vague. To my knowledge, that is how Objection. Right? Q. Yeah, and that was my That is how

Calls for

THE WITNESS: the system works:

Every user, regardless of who it

is, should provide that feedback to us.
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MR. COWAN:

Q.

One of the findings we

talked about yesterday was that you had concluded that there had been access to Customer Connection by an IP address that was tied to TomorrowNow. Correct? A. Q. Correct. And then you reported those findings back

to the lawyers in this case for this litigation. Correct? A. Q. Correct. So my question is, to your knowledge, did

Oracle ever -- did that access, TomorrowNow's access onto Customer Connection, delete any data or otherwise -- let me -- did that action by TomorrowNow delete any data that was on the system prior to TomorrowNow's access? MR. ALINDER: speculation. THE WITNESS: I don't understand the second Objection. Vague, calls for

part, prior to TomorrowNow's access. MR. COWAN: question's clear. Data existed on the Customer Connection system immediately prior to -- right before TomorrowNow accessed it. Correct? Q. Yeah, let me make sure the

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MR. ALINDER: speculation. THE WITNESS:

Objection.

Vague, calls for

Yeah, that means with --

access, I mean, they accessed the system every day. So do you mean when they started? I -- because I

don't know when they even started to access the system. MR. COWAN: way. Are you aware of any instance where TomorrowNow's access to Customer Connection resulted in any deletion of the data that Oracle had put onto -- or any of the Plaintiffs in this case had put onto the Customer Connection system? MR. ALINDER: Objection. Calls for expert Q. Let me ask it a different

witness testimony, outside the scope. THE WITNESS: MR. COWAN: A. Q. Q. I don't know. You're not aware of any?

I'm not aware of any. And thus, you're not aware of any efforts

that would have been to restore any data or information onto Customer Connection as a result of TomorrowNow's activities. MR. ALINDER: Correct? Calls for

Objection.

speculation, calls for expert witness testimony.

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THE WITNESS:

I'm not aware of that.

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Q.

Okay.

And as you sit here today, what is

your belief regarding what harm or damage was caused by the activity you just described? A. I believe, based on the numbers I have

seen, that on certain days, not on all of them, I believe there must have been a slowdown of the system based on the number of the downloads. Q. But that's purely speculative, because Correct?

you're unaware of any complaint. MR. ALINDER:

And I'm going to object to

this line of questioning as calling for expert testimony. THE WITNESS: that. Yes, I'm not an expert on And it's right, we But as I

It's just what I believe.

haven't received a formal complaint.

mentioned as a clarification, not through official channels. I do not know if customers have just

complained to their account manager, support representative or whatever. That would mean we need to ask every single account representative or support manager to get the answer to that question.
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MR. COWAN:

Q.

Okay.

I'll restate it

where we make sure we've got it clear. As you sit here today, you're not aware of had any actual slowing of any of the system associated with the PeopleSoft Customer Connection

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system at all. occurred.

You just suspect that that may have

Correct? MR. ALINDER: Objection. Misstates the

testimony. Scott, this may be a translation issue, but you're talking about slowdown, and he's talking about customer complaints, and there's -- I'm not -MR. COWAN: Let me clear it up. Okay. Okay. Q. You're not aware of any And we'll

do this in baby steps. THE WITNESS: MR. COWAN:

customer complaints at all -- you've already testified to this, that you're not aware of any customer complaints at all where anyone complained that they had any problems accessing Customer Connection with it being slow or otherwise nonresponsive. A. Right?

No customer complaint ever came to my

attention. Q. And by reviewing the data you've reviewed,

you suspect that may have occurred, but still as you sit here today you have no information that it actually in fact occurred? MR. ALINDER: Objection. Vague, calls for

expert witness testimony.

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THE WITNESS:

Based on the numbers -- and

the numbers are facts; they are in the log files -I suspect that, but I am not an expert on that. MR. COWAN: Q. And regardless of whether

you're an expert on it, you have no knowledge that it actually occurred? MR. ALINDER: THE WITNESS: aware that it occurred.
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Same objections. As I said before, I'm not

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I declare under penalty of perjury that

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