Oracle Corporation et al v. SAP AG et al

Filing 832

Declaration of Tharan Gregory Lanier in Support of 831 Memorandum in Opposition, 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)(Related document(s) 831 ) (Froyd, Jane) (Filed on 9/9/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 832 Att. 9

EXHIBIT 9

Dockets.Justia.com

In The Matter Of:
Oracle v. SAP
___________________________________________________

DONALD REIFER Vol. 1
June 18, 2010

___________________________________________________

HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY DONALD REIFER - 6/18/2010

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION --oOo-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. ) ________________________________)

07-CV-1658 (PJH)

VIDEOTAPED DEPOSITION OF DONALD REIFER _____________________________ JUNE 18, 2010

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

REPORTED BY:

SARAH LUCIA BRANN, CSR 3887

(#427125)

Merrill Corporation - San Francisco 800-869-9132 www.merrillcorp.com/law

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MR. ALINDER:

Q.

Did you actually run

Mr. Pinto's utilities against any code for your report? A. No. We were unable to run those

utilities, because we kept getting execution errors. And our queries for clarification on the environment were insufficient to get the execution errors resolved. Q. Did you ever ask anyone about why you were

unable to execute the code counters that Mr. Pinto provided? A. We -MR. BUTLER: Sorry, Don. Objection to the form. THE WITNESS: MR. ALINDER: Vague. Ambiguous. Objection.

Who do you mean by "anyone"? Q. Anyone is anyone.

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A.

Yeah.

We kept querying about -- so, for We were told

example, we asked about environment. it was a Windows XP environment.

But we didn't know

if SP2 was installed, SP1 was installed, if there were any specialized drivers. To resolve the

execution errors in those counters would have required a great deal of dialogue, and going through various levels of people to get other people to get -- provide answers. We felt it would be simpler

just to replicate Mr. Pinto's counting rules and parsing rules and develop our own. difficult a situation. It just was too

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Q.

Have you ever developed your own code

counters from scratch before? A. Q. A. Personally? Personally. I have led teams that have developed them,

but I have not personally written the code for those.
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Q. A.

What is Tom Tan's background? He is a PhD candidate at USC. He has been

in the program with a bachelor's degree in 2002 in computer science, and he has been in the PhD and master's program since then, with an expected graduation date of this year. He has industrial

experience summers and part time, working as a programmer. He is a member of the COCOMO team. He

is one of the people who help write the code counters. Q. By write the code counters, you mean the

replicas of Mr. Pinto's. A. No, I am talking about UCC. I am talking

about the USC code counters.

He is part of the code

counting project as well as the COCOMO project,

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where he is defending his PhD.

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Q.

Why did you perform a test on the

FlightGear code? A. We looked at FlightGear just to see if we We were having difficulties And we didn't

should go any further.

finding the code in EnterpriseOne.

know whether or not it would be a fruitful exercise to continue that effort, so what we did is we took the two counters and counted a public domain open source package to see if there were major differences in the counts. And based on that, then

what we did is we, you know, continued with our counting experiments. Q. Isn't it true that open source code like

FlightGear can be structurally different than proprietary code? MR. BUTLER: Ambiguous. THE WITNESS: not relevant. I think that has no -- it's Objection. Vague.

We were just running an experiment to And then what we said, based on So

see the difference.

the difference, let's look at the actual code. the experiment was not germane to anything in my report. It just was -- we were running an

experiment to see if we should go any further.
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Q.

Right.

And you never asked anyone for

help to get -- in executing them; correct? A. If a PhD student and a 40-year veteran

can't get them to work in a period of two weeks, it's going to take more than two weeks to get them to work. help. So the answer is no, we have not asked for

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Q.

But because you never were able to run

Mr. Pinto's counters, you can't say for sure whether or not they accurately reflect Mr. Pinto's counters or not.

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counters didn't follow his own rules, of course we didn't accurately reflect them. But if he followed

his own rules, which are the requirements of the counters, they should be the same. up with the same results. They should come

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