Allegedly Rigged Product Demo In SAP Suit Goes Missing

narramissic writes "Waste Management sued SAP in March 2008 over a failed ERP project. Now, well into the pre-trial discovery process, a presale product demonstration software package that Waste Management says was a key element of the 'false representations' SAP made to 'induce Waste Management into entering a software licensing and implementation agreement' has gone missing. Naturally, both sides say the other has it. And SAP, for its part, says it has 'searched extensively' for the system and wants it 'as much or more' as Waste Management, since it 'will help SAP disprove WM's fraud claim.'"

Comments

No, it really matters more to Waste Management

[bfwebster]

I'm not a lawyer, but..

Most software licensing agreements contain limitations of liability and monetary damages, usually limited to the amount paid by the customer. However, if the customer can demonstrate fraud, the customer has a chance to 'break' those limitation and go after additional damages (lost profits, cost of replacement, etc.). So if the demo exists and if it shows capabilities not found in the actual SAP implementation, WM might be able to use it to prove fraud -- assuming that the judge doesn't simply rule the demo as being "sales puffery" (i.e., salespersons are allowed a certain legal leeway in extolling the virtues of the product they're trying to sell).

Should be interesting. ..bruce..