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Redwood Shores, Calif.—Oct 12, 2016
Yesterday, the United States District Court for the District of Nevada issued two significant rulings in Oracle’s litigation against Rimini Street and its CEO Seth Ravin.
The first ruling is a permanent injunction barring Rimini Street from continuing to infringe Oracle’s copyrights and other unlawful acts. The Court previously determined that a permanent injunction was warranted, noting Rimini Street’s “callous disregard for Oracle’s copyrights and computer systems when it engaged in the infringing conduct” and that “Rimini’s business model was built entirely on its infringement of Oracle’s copyrighted software and its improper access and downloading of data from Oracle’s website and computer systems.”
The Court’s four-page permanent injunction prohibits certain copying, distribution, and use of Oracle’s copyrighted software and documentation by Rimini Street and also imposes limitations on Rimini Street’s access to Oracle’s websites. The order states, for example, that Rimini Street may not use a customer’s software environment “to develop or test software updates or modifications for the benefit of any other licensee.” The order also prohibits Rimini Street’s preparation of certain derivative works from Oracle’s copyrighted software. The order applies not only to Rimini Street, but also “its subsidiaries, affiliates, employees, directors, officers, principals, and agents.”
“This permanent injunction imposes important restrictions on Rimini Street,” said Oracle’s General Counsel Dorian Daley, “and Oracle is grateful that the Court has taken steps to prevent continuing unlawful acts by Rimini Street and its executives.”
Although Rimini Street has stated that there was “no expected impact” from any injunction, Rimini Street also told the Court that it “could suffer significant harm to its current business practices if the proposed injunction were entered,” which it now has been. These contradictory positions raise the issue of whether Rimini is misleading the Court or making misrepresentations to customers.
In its second ruling, the Court awarded Oracle approximately $27.7 million in prejudgment interest, with an additional amount of prejudgment interest to be awarded based on the date of the final judgment. This is in addition to the $50 million jury verdict and the $46.2 million in attorneys’ fees and costs awarded to Oracle last month.
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