IT arch-rivals do battle over website documents

Oracle is in the process of suing its arch-rival SAP in the United States District Court of the Northern District of California over alleged copying of thousands of documents from the Oracle website.

Oracle claims SAP logged onto its website using the log-on information of some of Oracle's clients and wrongfully downloaded software support and maintenance documents and software that even those clients did not have the right to copy.

The downloaded documents and software can apparently be used by SAP in direct competition with Oracle in the support and maintenance of Oracle products.

Oracle's court documents outline a host of claims against SAP including copyright infringement, violations of the Computer Fraud and Abuse Act and of the Computer Data Access and Fraud Act, breach of contract, intentional interference with prospective economic advantage, negligent interference with prospective financial advantage, unfair competition, trespass to chattel and unjust enrichment and restitution.

Many of Oracle's claims will be based on copyright notices, terms of use and notices that were set out on its website.

The case can serve as a reminder for businesses to check the terms of use posted on their own website. Here are some pointers:

• Ensure that the terms of use are clear and complete. They should apply to every user of the website. If a user doesn't like the terms of use, they can stop using the website.

• Put a general copyright notice on the website and also on any downloadable document and software on the website.

• Include a privacy statement on the website which includes information about how users may be tracked (including that cookies may be used and that a user's IP address may be tracked).

• Ensure that every user knows that the user is subject to the terms of use by putting them in a prominent place on the website. If it is a subscription website, ensure that new subscribers must actively agree to the terms of use.

• Provide that users are bound by the terms of use simply by accessing and using the website. Specify that all users are bound by changes to the terms of use when the changes are posted on the site.

Proper preparation and posting of the terms of use for your website can offer valuable protection to your copyrighted materials.

Full details of the Oracle claim against SAP can be viewed at www.oracle.com/sapsuit/amended-complaint.pdf

This article was written by senior associate Heidi Leslie and first published on Friday 6 July 2007.

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