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Rimini Street attempts to claw back more cash in Oracle copyright dispute

Support biz files court petition to recover additional $32m

Oracle botherer Rimini Street has filed a court petition to recover another $32m from Big Red in the long-running copyright case.

Fresh from its victory in clawing back $50m from Oracle earlier this month, the software support biz has filed a petition for a rehearing before all the judges of the Court of Appeals.

The copyright battle centres on Rimini Street's decision to host Oracle software on its own servers, and copy some support materials and downloads to provide support services to enterprise customers using Oracle software.

In 2015, Rimini Street was hit with a $50m fine for improperly downloading and using Oracle's copyrighted software, with $46.2m in attorney's fees added in September the next year. A month later, a further fine of $27.7m was tacked onto the bill.

Earlier this month, though, the Ninth Circuit Court of Appeals trimmed $50m off Oracle's take, throwing out the damages issued for violating a pair of laws in California and Nevada.

Rimini Street is now asking the Court of Appeals to rehear two elements of the original judgments, which it says could shave off another $32m.

The first is the calculation of $22m in prejudgment interest, on the grounds that, as Rimini Street puts it: "The trial court set the interest rate using a date that precedes the filing of the litigation, which resulted in an additional $20 million cost paid by Rimini Street."

It is also asking the court to rehear a $12m award in non-taxable costs – a decision from the Ninth Court that Rimini Street said it should not have had to pay if it was in another jurisdiction.

"[The decision] is in direct conflict with decisions in other federal circuit courts and decisions of the United States Supreme Court," the company said.

Oracle has aimed to get a permanent injunction against Rimini Street, while the support firm maintains that it does not use those processes any more and is taking steps to ensure it is compliant with copyright laws. ®

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