Oracle Corporation et al v. SAP AG et al

Filing 860

Declaration of Chad Russell in Support of 859 Memorandum in Opposition, to Defendants' Motion to Partially Exclude Testimony of Kevin Mandia and Daniel Levy filed byOracle International Corporation, Oracle USA Inc., Siebel Systems, 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, # 21 Exhibit U, # 22 Exhibit V)(Related document(s) 859 ) (Russell, Chad) (Filed on 9/9/2010)

Oracle Corporation et al v. SAP AG et al

Doc. 860 Att. 17

EXHIBIT Q
Dockets.Justia.com

JOHN RITCHIE December 2, 2009 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
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Q Okay A Because our company meeting was at the end of February, if I remember correctly, and it was a couple of weeks right after that I remember it was very apropos timing, considering we just had the company meeting, then the billion-dollar lawsuit hits So, I think it was mid-April Q So, from -- from the end of June, 2006, to late April, 2007, you were testing Titan by downloading from the Oracle website? A Correct Q And it sounds like you are often running Titan for several hours at a time? A That is correct Q And at what approximate pace is Titan downloading during the time that it's running when you're testing it? A Very fast, faster than a human Q Incrementing through the different downloads from the Oracle site? A Correct Q And in the course of a -A If you want specific timings, it actually can provide timings in the log file; but they're very much based on depending on which artifact you're going after Q All right And, so, in the course of a several-hour or overnight testing session, approximately how many downloads

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would Titan typically be downloading in the course of that session? A period Q A Q A Q A And was it -- was it a daily occurrence that you No, not daily Would it be several times a week? Probably, yeah, depending on what function I was All right For the most part, I could get the code running, you would be testing Titan to download from the Oracle website? For example, I remember when I was testing JDE One World, I was exceeding 20,000 documents easily in a 12-hour

working on and how much testing I needed to do

know, like, 90 percent without having to do much of anything, but that final 10 percent is where I needed to actually let it run and then I had to make sure it could run a long, long time because if it didn't, I would get, "Oh, there's a bug in it " And, you know, 12 hours running, they don't tell me what bug had hit Q A Q So, now, thinking about the several-month period that A little over a year -- the number of times that you were testing it by you were developed -- that you were testing Titan --

running it several hours at a time, having that in mind, can you give me an informed estimate -- it can be an

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approximation -- but an informed estimate as to how many downloads you would estimate you downloaded from the Oracle website in the course of testing Titan? MR LANIER: Object to form A An informed estimate Each artifact -THE REPORTER: I'm sorry, sir, I didn't hear you "Each artifact" -A With each artifact, I'm doing "X" number of testing for hours, several hundred thousand per test run I would probably say easily a million documents total, as an estimate, just off the top of my head Q (BY MR HOWARD) I understand And if it's easier to give a range, you know, it's fine to give a range A That estimate is probably about as accurate as I can get, unless I actually did some more research Q Were any of those approximately million downloads taken on behalf of any specific customer at TomorrowNow? A No I never represented or downloaded any documents for any particular customer My testing was specifically functionally based Q And I believe you said that you deleted those downloads after you took them? A That is correct Until the litigation hit Then I had to store them; and then two weeks after, we stopped all together So, I still had some documents left on my system

A They -- I know where you're going with this They never gave me restrictions based on the credentials as to what I could download They knew what I was testing They gave me credentials for it I used them And that might have been -you know, depending on what those credentials were for, they may not have been valid for all the product lines that I downloaded MR LANIER: Move to strike Q (BY MR HOWARD) Did you -- did you ever -- did you ever -- did anybody ever give you any instructions about which product lines could be downloaded with which credential? A No Q And did you ever impose any restrictions on which product lines you would download with a particular credential? A No Q And was it typical in using a particular credential for the purpose of testing Titan by downloading from the Oracle website that you would have Titan download all available products within a product line? A Correct Q And would you use a -- a given credential to download multiple product lines? And let's be specific A Depending on the artifact, that is possible, yes Q So, one credential might be used to download both PeopleSoft and JDE and Siebel?

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that I couldn't delete But for the most part, yeah, every single time I ran it, it -- I would just delete the results Q Are you aware of whether any of the downloads that -that you took with Titan in the course of testing it were ever used on behalf of any particular customer? A Q A No I never let them out of my desktop -- my laptop Okay No, I can't attest to any of the documents they might

A Q A Q A

No You never crossed product lines Okay But within PeopleSoft, you would not limit That is correct And within JDE, you would not limit yourself to a There was only a separation between World and One

yourself necessarily to a particular PeopleSoft product?

particular JDE product? World -- actually no, I take that back I don't think there really was any functional separation, just that they were two different product lines So, I did have different credentials for each one So -- but there was no limits as to what I could download with those credentials Q A So, you -And there's no limits on the actual Oracle website

have used while they were testing I do my testing and then Desmond Harris and a few other people -- I believe Phil Lamar was another one that would test Titan as well to make sure, you know, that was the final test before they moved it into production I don't know what they did with their test documents Q In doing your development testing and downloading with Titan, were you ever told to limit the downloads that you were taking according to what credential you were using at that particular moment in time with Titan? A Limit? No I wasn't told to limit them in any particular product line, nor was I told to limit it in a quantity of documents I downloaded It was just, "This needs to download, these things; so, make sure they all work " Q And in -- in doing the testing you were doing with a particular credential, did you ever impose any limits on yourself as to what it was that you were downloading?

either to limit you If you're using a certain set of credentials for PeopleSoft and you're only supposed to have, you know, software patch X, well, there's no limit to downloading as well for PeopleSoft patch Y, Z, X, whatever Q A Q A Q Other than the terms of use and the other things Correct Who would provide these credentials to you when you Project management office Who was that? we've already talked about?

asked for them to use in testing Titan?

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A Well, namely Julio Guzman, but he would instruct one of his underlings to send them to me usually or he would give them to me himself Q Was Titan programmed to limit the downloads that were being taken for a particular credential according to what that customer might be licensed to? A The only limits that would be imposed are not within Titan It would only be the person that's downloading Q What do you mean by that? A If a person, say, for example, was downloading for a PeopleSoft customer and if he didn't know their product lines correctly or if someone made a mistake, then he would be downloading anything and everything or probably the wrong thing That's what I mean The -- the only limits are basically in the person to make sure that they don't screw up and ask for the wrong thing And how they implemented that, I don't know You'd have to talk to someone in the PeopleSoft line Like, Shelley Nelson or something could explain that better Q Did you ever have any discussions with anybody outside of Greg Nelson and sort of the senior management at TomorrowNow about your work with Titan, Andrew Nelson, Shelley Nelson? A No They're even harder to talk to than Greg is Quite honestly, after a while, I didn't even want to talk to

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A Q A Q A Q A Q A Q

That is correct And did you ever observe Titan in action downloading No None of these functions that Josh did, I did not Okay -- in my time there Then turning to the next page, No 4 is the Solution Yes That's -- that's the one that -- that you did Correct -- one of them? Were -- were there specific URLs that Titan

any updates and fixes? run any of them, nor had I seen any of them run --

Saver functionality?

yourself --

would access to download the Solution Savers? A Yes You -- it's the navigation from once you log on to the Oracle website You have to navigate to the appropriate product line and then the appropriate items under that product line So, yes, there is a certain URL Q A Q A Q And were those URLs programmed into Titan? Yes And how did you obtain those URLs? By re -- reverse-engineering the Oracle website And that would be by logging on with a credential and

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looking for and obtaining those URLs? A Logging on manually, following the path, seeing how the code is downloaded, depending on what artifact it is If there's a loop that runs it, however they accessed, are they by document number, are they by name So, those are particulars that I use to decipher and so that I can put them into the Titan code Q A Q And looking at the next page of the document, there's Yes And those are the ranges of solution IDs that we a reference to the ability to search for ranges?

talked about earlier that you were attempting to develop with different forms of experimentation? A Correct But there's also the ability that the user could enter in a search range If they happen to know the specific numbers or a range that they want, they can actually enter it in and it will run just that range Q A Q A Is there any -- is there any part of Titan that Particular product? Yes How would you do that? It would be through the user interface If I could allows you to associate a range with a particular product?

refer you back to page 6 of 15, TN No 4828, you'll notice the possible downloads on the left in the picture of the select product list Those are all the possible things that you can

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search on and download As you see, the queued downloads -after you select these, you move them over to the queued downloads and the queued downloads then are all that get processed So, you can select from this whole range, any or all Q In other words, you could -- you could say, "Give me everything related to every single PeopleSoft product on the website"? A Correct Q Was there a default one way or the other within Titan? A No They have to specify at least something, but I don't do any checking as to are they allowed to download this item versus that item No Q Right There's nothing -- if -- if -- if a user selects PeopleSoft CRM, there's nothing within Titan that checks whether PeopleSoft CRM is licensed to that particular customer's credential that's being used? A That is correct There is no checking whatsoever If the user wants to download CRM and CRM Legacy and all these, even though the customer, say, only has CRM, nothing can stop them Q Was there ever any discussion that you were aware of within TomorrowNow about whether to include within Titan some kind of -- of functionality to restrict the downloading to

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what a particular customer would be licensed to? A No They wanted Titan to be generic to download anything they needed They determined that the functionality for restriction would be held in the hands of the engineer doing the downloading or the person -Q A When you say "they," who are you referring to? The management team, whoever is -- you know, Shelley

Nelson on down that ran the PeopleSoft line They're the ones that determine how they process that The way I was told is that it is the responsibility of whoever is doing the download to know what they need Q A What's the reference to batch -- batch downloading Batch job is the all-inclusive, meaning it will find versus range searching back on page 7 of 15? everything Range search means you're just going to go between the No X and No Y Q Okay Turning to the next page, then, page 15, the bottom part of the Solution Saver section here, it says: "Due to the current speed of the People" -- this is the last paragraph above Heading 5 It says: "Due to the current speed of the PeopleSoft website, if there is a large number of solutions to be downloaded, it is recommended that the process be broken up across several machines " Why was that recommendation made? A I'm sorry What page are you on?

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