Case 3:21-cv-03540-SI Document 1 Filed 05/11/21 Page 1 of 12
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`
`
`FRED NORTON (CA SBN 224725)
`fnorton@nortonlaw.com
`BREE HANN (CA SBN 215695)
`bhann@nortonlaw.com
`ESTHER CHANG (CA SBN 258024)
`echang@nortonlaw.com
`THE NORTON LAW FIRM PC
`299 Third Street, Suite 106
`Oakland, CA 94607
`Telephone: (510) 906-4907
`
`Attorneys for Plaintiffs
`ORACLE AMERICA, INC. and
`ORACLE INTERNATIONAL CORPORATION
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`ORACLE AMERICA, INC., a Delaware
`corporation and ORACLE INTERNATIONAL
`CORPORATION, a California corporation,
`
`
`
`Plaintiffs,
`
`v.
`
`
`ENVISAGE TECHNOLOGIES, LLC, a
`Delaware corporation,
`
`
`
`
`Defendants.
`
`
`
` Case No. _______________
`
`COMPLAINT FOR COPYRIGHT
`INFRINGEMENT
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`DEMAND FOR JURY TRIAL
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`Case 3:21-cv-03540-SI Document 1 Filed 05/11/21 Page 2 of 12
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`Plaintiffs Oracle America, Inc. and Oracle International Corporation (collectively, “Oracle”)
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`allege as follows:
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`PARTIES
`
`1.
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`Plaintiff Oracle America, Inc. (“Oracle America”) is a corporation organized under the
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`laws of the State of Delaware with its principal place of business at 500 Oracle Parkway, Redwood
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`Shores, California 94065. Oracle America develops and licenses certain intellectual property, including
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`Oracle Database, its database management software, and provides related support and consulting
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`services to its licensed customers.
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`2.
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`Plaintiff Oracle International Corporation (“Oracle International”) is a corporation
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`organized under the laws of the State of California with its principal place of business at 500 Oracle
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`Parkway, Redwood Shores, California 94065. Oracle International owns and licenses certain
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`intellectual property, including Oracle Database. Oracle International, either on its own or jointly with
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`Oracle America (depending on the registration), holds all interest, right, and title to the copyrights in
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`Oracle Database and the right to bring claims for infringement of those copyrights.
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`3.
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`Defendant Envisage Technologies, LLC (“Envisage”) is a corporation organized under
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`the laws of the State of Delaware with its headquarters and principal place of business at 101 West
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`Kirkwood Avenue, Suite 200, Bloomington, Indiana 47404. On information and belief, Envisage
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`conducts substantial business operations and has customers around the United States, including within
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`the Northern District of California.
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`JURISDICTION AND VENUE
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`4.
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`This is an action for copyright infringement arising under the Federal Copyright Act,
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`17 U.S.C. §§ 101 et seq. This Court has subject matter jurisdiction over this action pursuant to
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`28 U.S.C. §§ 1331 and 1338.
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`5.
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`This Court has personal jurisdiction over Envisage. On information and belief, Envisage
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`has conducted and does conduct business within the State of California and within this judicial district.
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`For example, Envisage is registered with the California Secretary of State to do business in California,
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`has at least one employee who resides in the state, has acquired a California-based company, and has
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`reported that it has a customer contract with the State of California:
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`
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`Case 3:21-cv-03540-SI Document 1 Filed 05/11/21 Page 3 of 12
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`•
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`Attached as Exhibit A is a true and correct copy of a certificate of status from the Secretary
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`of State for the State of California, verifying that Envisage “is qualified to transact
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`intrastate business in California”;
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`•
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`Attached as Exhibit B is a true and correct copy of the public LinkedIn profiles of two
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`Envisage employees based out of California, which have been redacted for privacy
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`considerations, available at
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`https://www.linkedin.com/search/results/people/?currentCompany=%5B%22101528%22%
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`5D&geoUrn=%5B%22102095887%22%5D&origin=FACETED_SEARCH (last accessed
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`May 7, 2021);
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`•
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`Attached as Exhibit C is a true and correct copy of a press release, dated April 19, 2018,
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`announcing Envisage’s “acquisition of the California-based company, VaultRMS,”
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`available at https://www.envisagenow.com/resource/envisage-adds-exposure-tracker-to-
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`growing-line-of-first-responder-solutions (last accessed May 7, 2021); and
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`•
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`Attached as Exhibit D is a true and correct copy of an Envisage press release, dated
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`February 14, 2017, announcing that “it ha[d] been awarded a new contract by the State of
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`California’s Department of State Hospitals (DSH),” available at
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`https://www.envisagenow.com/resource/state-of-california-awards-new-contract-to-
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`indiana-based-envisage-technologies (last accessed May 7, 2021).
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`6.
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`Envisage, directly or through intermediaries, makes, distributes, offers for sale or license,
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`sells or licenses, or advertises its products and services in the United States, the State of California, and
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`the Northern District of California.
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`7.
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`Venue is proper in the Northern District of California under 28 U.S.C. § 1391(b)(2), as a
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`substantial part of the events or omissions giving rise to the claim and the actual harm to Oracle
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`occurred in this district, where Oracle America and Oracle International are headquartered, by reason of
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`Envisage’s conduct. Venue is further proper under 28 U.S.C. § 1400(a), as Envisage is subject to
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`personal jurisdiction within this district.
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`INTRADISTRICT ASSIGNMENT
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`8.
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`This action is an Intellectual Property Action, as it arises under the copyright laws of the
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`
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`Case 3:21-cv-03540-SI Document 1 Filed 05/11/21 Page 4 of 12
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`United States and implicates Oracle’s intellectual property rights, and should thus be assigned on a
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`district-wide basis under Civil Local Rule 3-2(c).
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`A. Oracle’s Industry-Leading Software
`
`BACKGROUND
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`9.
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`Oracle is a global leader in database management software and technology,
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`cloud-engineered systems, and enterprise software products.
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`10.
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`One of Oracle’s flagship products is Oracle Database, a software product designed to
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`enable reliable and secure storage, retrieval, and manipulation of all forms of data, which has become
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`the world’s most popular enterprise database.
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`11.
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`Oracle Database is licensed throughout the world by businesses and organizations of
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`different sizes for a multitude of purposes, including, among others: for use within the Oracle Cloud to
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`deliver Oracle Cloud Software-as-a-Service and Infrastructure-as-a-Service offerings; for use by a
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`number of cloud-based vendors in offering their cloud services; for packaged and custom applications
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`for transaction processing; and for data warehousing and business intelligence.
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`12.
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`Oracle Database may be deployed in various information technology (“IT”)
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`environments, including Oracle Cloud and Oracle Cloud at Customer environments, other cloud-based
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`IT environments, and on-premises data centers, among others.
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`13.
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`Oracle currently licenses Oracle Database in different editions, including Standard
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`Edition 2 (“Database SE2”) and a more robust (and expensive) Enterprise Edition (“Database EE”).
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`Oracle also offers specialized database products that supplement or complement Oracle Database EE
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`and address particular customer requirements, including MySQL, Oracle TimesTen In-Memory
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`Database, Oracle Berkeley DB, and Oracle NoSQL Database.
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`14.
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`Oracle is the owner or exclusive licensee of the copyrights and copyright applications for
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`Oracle Database.1 The works are properly registered with the United States Copyright and Trademark
`
`Office, as alleged in more detail below.
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`1 Because Database SE shares the same code base as Database EE, Oracle’s “Oracle Database”
`copyright registration covers both Database SE and Database EE. See infra ¶ 30 (table of copyright
`registrations).
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`Case 3:21-cv-03540-SI Document 1 Filed 05/11/21 Page 5 of 12
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`15.
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`As part of its business, Oracle licenses Oracle Database to midstream and end users. At
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`different times, Oracle has offered perpetual licenses, which continue until terminated, and term
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`licenses, which end at a specific time. Customers must purchase support and maintenance services for
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`the first year of an Oracle Database license, and then have the option to renew.
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`B. Envisage’s Unauthorized Use of Oracle Database
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`16.
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`Envisage is an independent software vendor (“ISV”). An ISV is an organization that
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`specializes in developing, marketing, and selling software solutions, as opposed to computer hardware.
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`In particular, Envisage develops software directed to the needs of public safety leaders. Its Acadis
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`Readiness Suite software is advertised as providing software solutions for training, compliance, internal
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`affairs case management, professional development, legal defensibility, and public accountability.
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`17.
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`On information and belief, Envisage’s software offering can be hosted on cloud
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`platforms, such as Amazon Web Services (“AWS”).
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`18.
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`In 2006, Envisage purchased from Oracle a perpetual license and support services for
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`Oracle Database Standard Edition 1 (“Database SE1”) for $8,500, as an initial pilot for one account.
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`(Database SE1 was a predecessor to Database SE2. Oracle has not offered new licenses for Database
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`SE1 since 2015.) Under that license, Envisage was and is entitled to run Database SE1 on two
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`processors, with internet hosting rights, which permit Envisage to offer the programs to their end users
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`for those end users’ internal business operations. Other than its 2006 Database SE1 purchase, Envisage
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`has no other supported licenses, products, or services from Oracle.
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`19.
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`On information and belief, Envisage hosts data for large customer accounts, including
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`federal, state, and local government entities that typically have large workloads. The landing page for
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`Envisage’s website states that it services “over 2 million public safety professionals and 11,000
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`agencies.” Attached as Exhibit E is a true and correct copy of the landing page for Envisage’s website,
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`available at https://www.envisagenow.com (last accessed May 7, 2021). Also attached as Exhibit F is a
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`true and correct copy of a public document noting the number of Envisage customers (“over 2 million
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`first responders and 11,000 agencies”) as of March 23, 2021, available at
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`https://www.publicworks.com/doc/envisage-technologies-acquires-industry-leading-early-intervention-
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`solution-0001 (last accessed May 7, 2021). On information and belief, to host this data for this customer
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`Case 3:21-cv-03540-SI Document 1 Filed 05/11/21 Page 6 of 12
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`base, Envisage would require more than two processors running Oracle Database SE1, but, as noted
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`above, it is licensed for at most two processors.
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`20.
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`On information and belief, Envisage deploys its applications on Amazon Relational
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`Database Service (“Amazon RDS”), a platform hosted by AWS. Amazon RDS allows companies to set
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`up, operate, and scale a relational database in the cloud and is available for several database instance
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`types, including Oracle Database.
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`21.
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`The AWS terms and conditions prohibit customers from hosting proprietary applications
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`on Amazon RDS using Oracle Database unless they own the appropriate supported Oracle Licenses
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`purchased from Oracle. Attached as Exhibit G is a true and correct copy of the AWS terms and
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`conditions, available at https://aws.amazon.com/service-terms/ (last accessed May 7, 2021).
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`22. When an Amazon RDS customer uses Oracle Database for which it has a license
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`purchased directly from Oracle, Amazon requires that RDS customer to have a supported license to at
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`least Oracle Database SE2, regardless of the number of processors used by the customer. Further, for
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`instances utilizing more than eight CPUs, Oracle’s licensing requires an Amazon RDS customer to have
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`a license to Oracle Database EE. Envisage, however, despite hosting its applications on Amazon RDS,
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`has at most a license only to Oracle Database SE1.
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`23.
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`On information and belief, Envisage promotes its use of Oracle Database to provide its
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`software services, including its Acadis Readiness Suite. True and correct copies of such advertisements
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`in publicly available materials, as described below, are attached as Exhibits H-M.
`
`•
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`Attached as Exhibit H is a true and correct copy of the Envisage website as of
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`January 16, 2021, available at
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`https://web.archive.org/web/20210116135926/https://www.envisagenow.com/acadis/it-
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`security (last accessed May 7, 2021) (“The Acadis Readiness Suite runs on Envisage
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`software, using Windows and Oracle licenses, in a high-security FedRAMP-compliant
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`cloud environment and employs developers trained to recognize security vulnerabilities in
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`coding.”);
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`•
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`Attached as Exhibit I is a true and correct copy of the contract between Envisage and the
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`General Services Administration, effective January 4, 2021, and covering the period from
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`Case 3:21-cv-03540-SI Document 1 Filed 05/11/21 Page 7 of 12
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`October 24, 2017, to October 23, 2022, available at
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`https://www.gsaadvantage.gov/ref_text/GS35F0058N/0VVIPR.3RLVOI_GS-35F-
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`0058N_ENVISAGETECHNOLOGIESLLCGS35F0058N.PDF (last accessed May 7, 2021)
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`(stating on page 20 that “Envisage manages the entire hardware-software system
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`environment in our FISMA-Conformant secure cloud framework, (Microsoft Windows
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`server environment and the Oracle database) and provides all upgrades and enhancements
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`to Acadis and licensed modules”) (stating on page 24 that “[t]he Acadis Readiness Suite
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`and related data are hosted within our Secure-cleared SecureCloud environment and servers
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`are administered by Oracle and Microsoft professionals possessing government security
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`clearances” and that “[the Acadis Online Cloud] option has reduced the cost of ownership
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`for our clients, as they are not required to purchase server hardware, operating systems or
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`Oracle database software, as well as reducing the need for additional and often expensive
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`IT staff”);
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`•
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`Attached as Exhibit J is a true and correct copy of an Acadis Architecture and Security
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`document on Envisage’s website, available at https://info.acadis.com/wp-
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`content/uploads/2019/11/Envisage_AcadisCutSheets-Framework.pdf (last accessed
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`May 7, 2021) (“As a turnkey solutions provider, we run Acadis software on our hardware,
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`using our Windows® and Oracle® licenses at our government secure-cleared facility.
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`Then, through our secure web interface, you can instantly access all your Acadis
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`modules.”);
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`•
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`Attached as Exhibit K is a true and correct copy of a form Statement of Work by Envisage
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`Technologies, dated January 15, 2021, available at https://assets.website-
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`files.com/5efe8d5b3863087cccf8b544/6009c90df3b0cf34123b7ca8_SOW-2021.pdf (last
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`accessed May 7, 2021) (“Contractor will provide the Client with a hosted instance of
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`Acadis in a secure Amazon Web Services GovCloud environment, including all modules
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`listed herein, as well as the most current Windows operating systems and Oracle
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`database.”)
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`Case 3:21-cv-03540-SI Document 1 Filed 05/11/21 Page 8 of 12
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`•
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`Attached as Exhibit L is a true and correct copy of Envisage’s service contract award with
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`the State of Nebraska, dated December 12, 2019, available at
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`https://das.nebraska.gov/materiel/purchasing/contracts/pdfs/89112(o4)awd.pdf (last
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`accessed May 7, 2021) (“Envisage will provide the Nebraska State Patrol with a hosted
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`instance of our software solution, including the setup of the Acadis environment, modules
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`included in this SOW (Item 4 Acadis Modules), Windows operating systems, and
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`Oracle 12c.”); and
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`•
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`Attached as Exhibit M is a true and correct copy of Envisage’s technical proposal
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`submission to the State of West Virginia, Military Affairs and Public Safety Division of
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`Criminal Justice, dated June 24, 2011, available at
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`http://www.state.wv.us/Admin/Purchase/Bids/FY2011/B_CJH201101_01.pdf (last
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`accessed May 7, 2021) (stating on page 45 that “[t]he Acadis database runs on Oracle 10g
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`(10.2.0.x). We are currently completing testing of Oracle 11g and plan to adopt this
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`version in the next three (3) months. Acadis using Oracle on Windows preferred, but
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`Linux is supported.”).
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`24.
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`On information and belief, Envisage is using its unlicensed access to Oracle Database to
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`obtain subscription revenue from its customers. On information and belief, to provide its software and
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`services as advertised, Envisage is running Oracle Database on eight or more processors as an Amazon
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`RDS customer.
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`C. Oracle’s Attempts to Settle the Licensing Dispute with Envisage
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`25.
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`In March 2021, Oracle became concerned that Envisage was using the copyrighted
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`Oracle Database software without an appropriate license. Upon discovering Envisage’s unauthorized
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`use of Oracle Database, Oracle immediately notified Envisage, asking it to license the software it was
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`using and to pay for its past, unauthorized use. Although Envisage initially agreed to discussions, it later
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`refused to engage. Envisage has not paid Oracle for a license to either Database SE2 or Database EE.
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`26.
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`On April 21, 2021, Envisage notified Oracle that, absent a lawsuit, it would not engage in
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`discussion regarding its use of Oracle Database or its licenses to the software. On information and
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`belief, Envisage has continued to use Oracle Database since learning of Oracle’s contentions that
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`Case 3:21-cv-03540-SI Document 1 Filed 05/11/21 Page 9 of 12
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`Envisage is using the software without a license.
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`27.
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`Because Envisage has refused to engage in discussions, Oracle does not yet know the
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`details of Envisage’s software architecture. On information and belief, given the magnitude of its
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`customer base and the hosting services it provides through Amazon RDS, Envisage’s use of the Oracle
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`Database exceeds the scope of the license that Envisage purchased in 2006 to use Database SE1, a
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`license planned for use for one account as a pilot. On information and belief, the scope and nature of
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`Envisage’s use requires a license for at least Oracle Database SE2 and, more likely, for Oracle Database
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`EE. Envisage, however, never obtained a license or authorization from Oracle directly or indirectly to
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`use either Oracle Database SE2 or EE. Upon information and belief, Envisage’s 2006 Database SE1
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`license does not authorize its current use of Oracle Database through Amazon RDS.
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`FIRST CAUSE OF ACTION
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`Copyright Infringement Under 17 U.S.C. §§ 101 et seq. and 17 U.S.C. §§ 501 et seq.
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`28.
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`Oracle incorporates by reference each of the preceding paragraphs 1-27 as if fully set
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`14
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`forth herein.
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`29.
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`Oracle owns valid and enforceable copyrights in all its software products, including
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`Oracle Database, which are creative works of original authorship and copyrightable subject matter.
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`Oracle has owned these copyrights throughout the time of Envisage’s infringement.
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`30.
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`In compliance with the Copyright Regulations, Oracle has registered or filed with the
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`Copyright Office copyright applications, registration fees, and deposits of Oracle Database. Oracle is
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`the owner or exclusive licensee of all right, title, and interest to the registrations and copyright
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`applications for Oracle Database, as described below:
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`Title of Work
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`Registration Number
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`Date Issued
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`Oracle Database 10g Release 1
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`TX 6-938-648
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`January 16, 2009
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`Oracle Database 10g Release 2
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`TX 6-942-003
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`June 29, 2009
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`Oracle Database 11g Release 1
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`TX 7-324-157
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`March 24, 2011
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`Oracle Database 11g Release 2
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`TX 7-324-158
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`March 24, 2011
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`Oracle Database 12c Release 1 (12.1) TX 8-188-258
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`May 9, 2016
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`Oracle Database 18c (18.3)
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`TX 8-843-054
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`February 26, 2020
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`Oracle Database 19c (19.3)
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`TX 8-843-065
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`February 26, 2020
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`Case 3:21-cv-03540-SI Document 1 Filed 05/11/21 Page 10 of 12
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`31.
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`As the owner or exclusive licensee of the copyrights in Oracle Database, Oracle enjoys
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`the exclusive right to, among other things, reproduce, make derivative works of, display, and distribute
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`Oracle Database. 17 U.S.C. §§ 101, 106.
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`32.
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`Envisage is not authorized to reproduce, distribute, make derivative works from, or
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`display the Oracle Database on Amazon RDS, or on more than two processors under its 2006 pilot
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`license to Database SE1. Envisage is not authorized to reproduce, distribute, make derivative works
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`from, and/or display the Oracle Database software except as authorized by its license to Oracle Database
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`SE1 on two processors. On information and belief, Envisage does not have the appropriate Oracle
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`Database license to offer its Acadis Readiness Suite software or other software products through
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`Amazon RDS.
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`33.
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`Through the acts described above, Envisage has violated Oracle’s exclusive rights to
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`reproduce, distribute, make derivative works from, and/or display the Oracle Database. For example,
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`Envisage is using the copyrighted Oracle Database software on more than two processors and on
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`Amazon RDS, uses for which Envisage does not have the appropriate license.
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`34.
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`Envisage has been, or should have been, aware of the existence of Oracle’s copyrights in
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`the Oracle Database. On information and belief, Envisage also knew it did not have the appropriate
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`license or authorization to use the Oracle Database beyond that for which it had a license, as its purchase
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`in 2006 was planned for use with one account as a pilot. When Oracle brought the unauthorized use to
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`Envisage’s attention, Envisage declined to procure the necessary licenses and has continued to infringe
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`Oracle’s rights in its copyrighted software. Envisage is therefore a willful infringer of Oracle’s
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`copyrights and exclusive rights and subject to treble damages.
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`35.
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`Oracle has been damaged as a result of Envisage’s copyright infringement, based on at
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`least Envisage’s failure to pay license, maintenance, and support fees related to its use of Oracle
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`Database beyond that for which Envisage has a license. Oracle estimates it has lost approximately
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`$3,000,000.00 in licensing and annual support fees through Envisage’s infringement. Further, on
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`information and belief, Envisage has generated profits through its unauthorized use of the Oracle
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`Database. Oracle is entitled to recover from Envisage the profits Envisage generated through its
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`infringement of Oracle’s copyrights in Oracle Database. Finally, Oracle may elect to recover statutory
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`10
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`Case 3:21-cv-03540-SI Document 1 Filed 05/11/21 Page 11 of 12
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`damages.
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`PRAYER FOR RELIEF
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`WHEREFORE, Oracle respectfully prays for judgment in its favor against Envisage as follows:
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`a.
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`Entry of judgment holding Envisage liable for infringement of the copyrights at issue in
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`this litigation;
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`b.
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`An order awarding Oracle all damages resulting from Envisage’s infringement of the
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`copyrights at issue in this litigation, including Oracle’s actual damages, Envisage’s
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`profits, treble damages from willful infringement, and/or statutory damages pursuant to
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`17 U.S.C. § 504, together with prejudgment and post-judgment interest;
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`c.
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`An accounting of all gains, profits, and advantages derived by Envisage from its
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`copyright infringement, pursuant to 17 U.S.C. § 504;
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`d.
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`Trebling of damages under 35 U.S.C. § 284 in view of the willful and deliberate nature of
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`Envisage’s infringement of copyrights at issue in this litigation;
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`e.
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`An order awarding Oracle its costs and attorneys’ fees pursuant to 35 U.S.C. § 285 and
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`17 U.S.C. § 505; and
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`f.
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`Any and all other legal and equitable relief as the Court may deem proper.
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`Dated: May 11, 2021
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`Respectfully submitted,
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`THE NORTON LAW FIRM PC
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`By:
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`/s/Fred Norton
`Fred Norton
`Attorneys for Plaintiffs
`ORACLE AMERICA, INC. and
`ORACLE INTERNATIONAL CORPORATION
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`Case 3:21-cv-03540-SI Document 1 Filed 05/11/21 Page 12 of 12
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`DEMAND FOR JURY TRIAL
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`Pursuant to Civil Local Rule 3-6 and Federal Rule of Civil Procedure 38, Plaintiffs Oracle
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`America, Inc. and Oracle International Corporation hereby demand a trial by a jury on all issues triable
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`by a jury.
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`Dated: May 11, 2021
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`Respectfully submitted,
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`THE NORTON LAW FIRM PC
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`By:
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`/s/Fred Norton
`Fred Norton
`Attorneys for Plaintiffs
`ORACLE AMERICA, INC. and
`ORACLE INTERNATIONAL CORPORATION
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