digibyte – Rimini Street loses latest court round with Oracle, battles on

The latest ruling in the long running legal dispute between Rimini Street and Oracle confirms Oracle has not defamed Rimini Street. The judge said:

It is undisputed that Rimini engaged in theft of Oracle’s intellectual property by repeatedly making multiple copies of Oracle’s copyrighted Enterprise Software programs to support its software support service clients,

Rimini Street reserves its right to appeal and ‘respectfully disagrees’ with the judgment. Each side has its own spin on the latest decision.

Rimini Street accused Oracle of defamation. In confirming that Rimini Street unlawfully infringed Oracle’s copyright by making approximately 200 copies of Oracle database software, it opened the door for Oracle to maintain that Rimini Street was involved in ‘massive theft’ an assertion upheld by virtue of Oracle having established the ‘truth’ of its claims. Oracle wasted little time in publicizing that position.

For its part, Rimini Street assured customers that the latest ruling has no impact on any current customer, since it has made changes to ensure that all customers are in compliance with terms. It says  the decision relates to software with an individual price list value of $10,000 before discounts and confirms that it will indemnify any customer impacted by the decision, along with paying any final award in Oracle’s favor.

Verdict

Language is a powerful sword that is often wielded unmercilessly in the US. This latest ruling, if upheld, is part of an overall finding that will require Rimini Street to pay Oracle some level of compensation. However, the more substantive issues have yet to be determined. Those of us who have been following the case for some time believe that whatever decision is finally reached in the jury trial, it will set the ongoing ground rules for third party maintenance, an activity Oracle agrees is not unlawful per se. In the meantime, Rimini Street continues to set record numbers in its ongoing business and remains confident it will prevail.

Disclosure: Both Oracle and Rimini Street are partners at time of writing.

Image credit: © Gor Grigoryan – Fotolia.com

 

Den Howlett
Following 20+ years in finance and IT related roles, Den Howlett became a freelance writer/analyst/commenter specialising in enterprise IT. He has been calling the vendors to account ever since.
Den Howlett

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Den Howlett
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