RE: Oracle Vs SAP Round 1

  • From: "Richard J. Goulet" <rgoulet@xxxxxxxxxx>
  • To: <Mark.Brady@xxxxxxxxxxxxxxxxx>, "oracle-l" <oracle-l@xxxxxxxxxxxxx>
  • Date: Sat, 24 Mar 2007 16:55:28 -0400

Mark,
 
    The problem with what SAP did is not that they acquired the
materials, it's that they then re-sold those materials as is.  An
inventor acquired a patent on his/her invention.  That does not preclude
anyone from seeing what he/she invented & how it works, it just prevents
them from building the same thing & profiting solely from that.  Now If
I take your patent and modify the item you invented so that it does
something else or does what it originally did in a better more efficient
way then I've not violated your patent but created a derived work.  Same
thing goes for copyright.  Additionally if my intent is to do as SAP did
& provide a more value added support to the programs then I could
license the source code from Oracle and be within my rights to produce
patches & upgrades.  I'd also have complied with law & provided Oracle
with some compensation for and control over their IP.  SAP did neither,
therefore the lawsuit.  Also Oracle probably didn't include their ex
customers in the hopes that they'll come back.  Kind of hard to sell
someone a support renewal while your suing them at the same time.
Course the lawsuit over the head may be a very good persuader.
 

........................................................................
............................................................. 
Kanbay <http://www.kanbay.com/> 

Dick Goulet, Senior Oracle DBA
 
45 Bartlett St | Marlborough, MA 01752 USA
Tel: 508.573.1978 | Fax: 508.229.2019 | Cell: 508.742.5795
rgoulet@xxxxxxxxxx <mailto:rgoulet@xxxxxxxxxx> 
........................................................................
............................................................. 
On February 8, 2007 Kanbay was acquired by Capgemini, one of the world's

leaders in consulting, technology and outsourcing services, employing
nearly
68,000 people in North America, Europe, and the Asia Pacific region.

 

________________________________

From: oracle-l-bounce@xxxxxxxxxxxxx
[mailto:oracle-l-bounce@xxxxxxxxxxxxx] On Behalf Of Brady, Mark
Sent: Friday, March 23, 2007 4:49 PM
To: oracle-l
Subject: RE: Oracle Vs SAP Round 1



First, nearly every business is in business to steal customers from
other businesses. Those which aren't are monopolies which involve a
whole other ball of wax.

 

The innovation could be utilizing the knowledge base more efficiently so
as to offer BETTER service or CHEAPER service, not the SAME service. Who
would switch to get the SAME service? Now people start switching and
Oracle has an incentive to do it even better than SAP, all along the
customers (even the ones who never switched) are benefited by SAP's
theft - by having better service or cheaper service or both. 

 

Whether or not the facts are complete and accurate and whether or not
the actions described will be adjudicated as illegal is yet to be seen.
The question Charles posed is (to be so bold to rephrase) if society
benefits from the outcome of this action should we seek to criminalize
the activity. Our current IP laws are supposed to benefit both the
individual AND society, but do the laws as they currently stand maximize
the total benefit?  When you start reading about this, it's less black
and white then you think. 

 

________________________________

From: Kerber, Andrew W. [mailto:Andrew.Kerber@xxxxxxx] 
Sent: Friday, March 23, 2007 4:15 PM
To: Brady, Mark; oracle-l
Subject: RE: Oracle Vs SAP Round 1

 

However, there is not really a debate here.  If SAP copied all the
oracle data as Oracle claims, it can have no other reason than to copy
it to steal Oracle customers.  There is no new development being done by
SAP, no new technology that they can sell, they just stole the Oracle
stuff and are trying to sell it as their own.  There doesn't appear to
be a grey area here.

 

-----Original Message-----



I would be curious to know if SAP could offer better quality support. =)
Not to knock Oracle Support too hard, but as you all probably well know,
it is not unheard of to end up with a newbie Support Analyst or run up
against undocumented features and/or unpublished information. 

I may be naive, but if a 3rd party can offer competitive services, would
that not drive better market conditions for clients? Yes, I understand
that the principle of stealing is essentially wrong, but I am
purposefully wondering about competitive services. 

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