Oracle Corporation et al v. SAP AG et al

Filing 834

Declaration of Joshua L. Fuchs in Support of 833 Memorandum in Opposition, filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T)(Related document(s) 833 ) (Froyd, Jane) (Filed on 9/9/2010)

EXHIBITH
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KEVIN MANDIA May 21, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 291
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. ) No. 07-CV-1658 (PJH) ) SAP AG, a German ) corporation, SAP AMERICA, ) INC., a Delaware ) corporation, TOMORROWNOW, ) INC., a Texas corporation, ) and DOES 1-50, inclusive, ) ) Defendants. ) ________________________________)

VIDEOTAPED DEPOSITION OF KEVIN MANDIA _________________________________ VOLUME 2; PAGES 291 - 570 FRIDAY, MAY 21, 2010

HIGHLY

CONFIDENTIAL - ATTORNEYS' EYES ONLY

REPORTED BY:

HOLLY THUMAN, CSR No. 6834, RMR, CRR (1-427384)

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KEVIN MANDIA May 21, 2010 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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TEXT REMOVED - NOT RELEVANT TO MOTION

08:57:45 08:57:49 08:57:51 08:57:53

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Q. question.

I sure can.

And I think I misasked the What

I said, through the last sentence.

I meant to say was, through the first sentence in paragraph 4 on page 1 of your report, through that

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statement, you were not attempting to imply that TomorrowNow never downloaded materials specifically by customer using that specific customer's log-in credentials, are you? A. In this sentence, what I'm trying to do is The mass

state an overall characteristic.

downloading, the reason I said "mass" instead of just "downloading" was things such as the creation of the tool to download things faster than human speed when clicking through a site, the fact that I saw staff dedicated on a download team, that there's 20 dedicated download servers, DCDL1 through 20, Texas A&M part-time employees or interns, I think they were called, that would do downloads. That contributed to mass downloading. it's about volume. Q. A. That's what this was about. So

Well, but -That part of it. I guess we should break

down the sentence, because it's conjunctive. Q. A. It is. On the improper access side, what I'm

doing there is applying the terms of use to the access that was done. The terms of use assumption Things such as after

that I was asked to make.

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maintenance end date, having a valid license to be entitled to that. I believe that was the purpose of that sentence, is to cover the mass downloading and improper access.

TEXT REMOVED - NOT RELEVANT TO MOTION

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