From the D. Ct. Nevada opinion:
Oracle’s claim for copyright infringement, as it relates to the present motion, arises from Rimini’s copying of Oracle’s copyright protected PeopleSoft, J.D. Edwards, and Siebel-branded Enterprise Software programs on Rimini’s company systems in order to provide software support services to four separate customers.
Rimini concedes in its opposition that it copied the identified copyrighted software programs to create the allegedly infringing development environments on its company systems so that it could develop and test software updates for its customers. However, Rimini argues that its copying of the software was authorized (1) by the express language of Oracle’s customer software licensing agreements, and/or (2) implicitly by Oracle’s conduct and consent in shipping back-up copies of the licensed software’s installation media to Rimini’s facilities.
More at ZDnet.
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