Wednesday 24 November 2010

Beside America’s Cup

 

The jury has spoken, and they have decided SAP is almost as guilty as the oracle anticipated. The bill? $1.3 billion, close enough to the oracle’s demands, which rose to at least $1.6 billion, to quote Safra Catz, co-President at the oracle.

Precisely Safra Catz is probably one of the happiest persons in the industry, as she has been the key exec from the oracle, even beyond the Pontifex Maximus. Her two examples did make the magic on the jury, comparing the case to stealing a $2,000 watch and selling it for just $20, and the analogy based on Warner Bros copying illegally Disney’s movies. Clear examples, though arguable in our opinion,

We honestly thought the jury would take longer to decide, and its verdict would be closer to SAP’s position than to the oracle’s. We thought Big Mouth’s boasting all over, plus a real understanding of the oracle’s argumentation would have made the jury think that way.

Thinking a bit about the case, we think we missed some very important matters, the first one being that the jury is made of average common people, away from technicalities. Example’s like Catz’ have really been worth telling.

The second one is more related to the oracle’s ability to use the case for setting example of what happens when property, intellectual or physical, is stolen. Americans, by tradition, history and character, are extremely sensitive to private property. And this sort of result is what happens to thieves in America, the jury has said.

The third one is linked to the oracle’s ability to place SAP as a careful thief who was knowing exactly what they were doing, and kept on until they were caught. From the very beginning, the message from the oracle (supported by early declarations from the Pontifex Maximus) was pointing SAP as criminals against property.

The fourth one has been smartly played by the oracle too. They could not get hold of Leo Apotheker, and his absence might have been taken by the jury as cowardice, or his intention to hide something. We always thought he should have served as witness, but the possible damage for not having been there might have been too much.

Certainly exemplary, the case has anyway set a record in this kind of cases… Another trophy to stand beside the America’s Cup for the Pontifex.  

 

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