Oregon, Oracle spar over copyright-nfringement claim - News - MailTribune.com - Medford, OR

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2015-10-11

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0 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation  |  Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Classifieds Jobs Autos Real Estate FEATURED   » NEWS NOW   Beach bacteria thresholds may tighten       ...       Our View: Who politicized the UCC shootings? Not Obama       ...       View from 100,000 feet       ...       Beach bacteria thresholds may tighten       ...       Our View: Who politicized the UCC shootings? Not Obama       ...       View from 100,000 feet       ...           COPYRIGHT LAWSUIT Oregon, Oracle spar over copyright-nfringement claim Tech giant maintains it was never fully paid for its work and that the state illegally used Oracle's code Comment By Jonathan J. Cooper The Associated Press MailTribune.com By Jonathan J. Cooper The Associated Press Posted Sep. 3, 2015 at 3:46 PM By Jonathan J. Cooper The Associated Press Posted Sep. 3, 2015 at 3:46 PM »  Social News PORTLAND — A lawyer for Oracle Corp. implored a federal judge Thursday to let the company's copyright lawsuit against the state of Oregon go forward despite the state's claim that it is immune from being sued. The case is part of a complex legal battle stemming from the failure of the Cover Oregon health insurance exchange. "This is a case where the state of Oregon has simply appropriated Oracle's code and said, 'Sorry, you can't sue us,' " Oracle attorney Karen Johnson-McKewan told the judge. Oracle, which was the primary technology contractor on the Cover Oregon project, maintains it was never fully paid for its work and that the state illegally used Oracle's code. Cover Oregon was created by the Legislature as a public corporation independent of the state, governed by a board of directors appointed by the governor. Earlier this year — after the website failure became a political embarrassment and led Oregon and Oracle to sue each other — the Legislature voted to disband the Cover Oregon corporation and transfer its responsibilities to state agencies. Oregon's lawyers argue that the legislative move requires that Oracle's lawsuit be dismissed because the state is generally immune from litigation under the 11th Amendment to the U.S. Constitution, while the autonomous Cover Oregon was not. Oracle argues that the state waived its immunity in its various contracts with Oracle. The company also says transferring Cover Oregon to a state agency was unconstitutional if it deprives Oracle of the opportunity to enforce its intellectual property rights. "If that is not an impairment of the contract in violation of the U.S. Constitution, I don't know what is," John McKewan said. U.S. District Judge Anna Brown said she'll consider the arguments and issue an opinion "reasonably soon." Lawyers for both sides said they expect to appeal if they lose. The copyright dispute is only part of the wide-ranging litigation between Oregon and Oracle. In a separate case pending in Marion County Circuit Court, the state accuses Oracle of fraud and corruption. Oracle accuses the state of contract violations. By Jonathan J. Cooper The Associated Press MailTribune.com By Jonathan J. Cooper The Associated Press Posted Sep. 3, 2015 at 3:46 PM » Comment or view comments   Reader Reaction »  STAY INFORMED   Email NewsLetter   Sign Up Today   Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... Business Name address Location, ST | website.com Find Southern Oregon Attractions Bars Restaurants Beauty Salons Entertainment Doctors Medical Specialists Contractors Education Lawn Services Lawyers Shopping Travel Tanning Used Cars Wedding Services ▼ Add your business here + Events Calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Propel Marketing Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Mobile Site Stay Informed   Email newsletter   Sign Up Today   Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Your privacy is important, read our privacy policy. © Copyright 2015 Local Media Group, Inc. All Rights Reserved.    Privacy Policy  |  Terms of Service  |  Local Media Group Publications Original content available for non-commercial use under a Creative Commons license, except where noted. MailTribune.com | P.O. Box 1108, Medford, OR 97501