HP boss to testify in SAP humiliation -

Oracle's Larry Ellison has apparently  won a battle in his campaign to humiliate both SAP and HP in one swoop.

He has managed to serve papers onto the new HP chairman Leo Apotheker in a court case where SAP nicked shedloads of software from Oracle.

Apotheker was working for SAP at the time of the theft and Ellison claims he can prove that he was involved in the theft.

It was looking like Apotheker could have avoided the court case by not showing up for work on Monday. He lived outside of the court's jurisdiction.

However, it now seems that he will testify at Silicon Valley's biggest trial in years.

Oracle attorney Geoffrey Howard said that Apotheker, who started his job as head of HP on Monday, would testify at the high-stakes trial, with his credibility at stake.

Ellison has slagged off HP for firing his chum Mark Hurd for wining and dining former soft porn stars and then lying about it on his expenses. Firing Hurd on moral grounds would be ok, reasoned Ellison, if they didn't then go and hire a software thief.

Now what Ellison wants to do is prove that Apotheker is a software thief in court and then HP will look stupid.

Yesterday marked opening arguments in the SAP case. The maker of software which no one is sure what it does, has admitted liability for the wrongful downloading of software content from Oracle.

However both are arguing on how much SAP should pay in damages.

SAP says Apotheker and other executives did not know of any wrongdoing when they bought TomorrowNow, which nicked the software and shut it down after they found out.

But Oracle's attorneys showed jurors an instant messaging exchange between two TomorrowNow employees after Oracle's initial filing of the lawsuit.