SAP UK v Diageo Great Britain
Клиент использовал два приложения Salesforce которые использовали базу данных SAP. Как именно не вникал, подробности внизу. В результате клиента засудили на десятки миллионов за непрямой доступ. Неплохо бы разобраться.
The case, SAP UK v Diageo Great Britain, adjudicated by Mrs Justice O’Farrell, concerned Diageo’s use of mySAP ERP software for the management of manufacturing, stock and supply chain, financial reporting and control, and human resources.
According to the text of the judgment, the drinks company and SAP had begun their software licence and maintenance agreement in 2004, and came into dispute after Diageo deployed two new third-party systems in 2012.
The first, Diageo Connect, allowed Diageo’s customers to place orders online, rather than through a call centre, by way of a Salesforce.com system that utilised data held in an Oracle database but also associated with an SAP software engine, SAP XI (SAP Exchange Infrastructure), now called SAP PI (SAP Process Integration).
The second system, Diageo Gen2, allowed Diageo’s sales staff to use an iPad to access, via a Salesforce.com application, customer data in an Oracle database associated with the mySAP ERP software.
SAP maintained that Diageo’s customer IT platforms, though based on Salesforce technology, connected back into mySAP ERP software and, accordingly, all Diageo’s ultimate customers (5,800 individuals) needed to be licensed as “named users”.
SAP brought its claim against Diageo in October 2015, seeking £54,503,578 in licence fees, in addition to £3,955,954 in interest, fees for back support and maintenance, and an injunction.
Yesterday’s judgment by O’Farrell confirmed the reach of licence fees for this “indirect access”.
She said: “I reject Diageo’s submission that SAP PI is a ‘gatekeeper’ licence for gaining access to the SAP suite of applications and database. [There is] a separate basis of pricing for the SAP PI software engine and adapters, which applies even where there is a named user licence for mySAP ERP… Therefore, it is clear that it is an addition, rather than an alternative, to authorisation under a named user licence.”
She concluded: “Only named users are authorised to use or access the mySAP ERP software directly or indirectly. Named user pricing is the only basis on which the mySAP ERP software was and is licensed to Diageo.”
O’Farrell found that “usage by Gen2 sales representatives is not authorised… [and so] SAP is entitled to additional licence and maintenance fees”.