Oracle's claim that SAP collated its software illegally through downloads has resulted in the German software giant asking a US court to order appoint a mediator so that settlement talks can commence immediately.

The papers were filed with the US District Court for the Northern District of California yesterday.

In the case, launched in March, Oracle accuses SAP's US support subsidiary, TomorrowNow, of  "corporate theft on a grand scale." Oracle alleges fraud as well as copyright infringement. SAP's riposte? Simply "That is not a matter of 'corporate theft on a grand scale,' as Oracle says in its complaint, but a matter of contract interpretation."

SAP believes that it is "in the interests of all concerned, including customers, for this case to be resolved promptly so that the parties and their customers may focus on their ongoing businesses and continued innovation, without the distraction of unnecessarily burdensome or prolonged litigation." Oracle in turn believes that SAP wants simply to limit discovery and push for a quicker trial so as to limit its liability.

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