Oracle said it sent a preservation order to SAP on the day it filed its original complaint for corporate theft but that SAP had not commented on or agreed to the order, or said what preservation measures it was taking, other than giving what Oracle described as vague assurances that information would be preserved.

In a motion filed in the case, calling for an interim preservation order and meet-and-confer schedule, Oracle said it feared SAP might alter or destroy critical records, especially in the light of comments by CEO Henning Kagermann that SAP was carrying out an internal investigation into the allegation that the Tomorrow Now business unit illegally downloaded files and code from Oracle’s support site.

SAP has not formally responded to the original allegation or the new motion other than saying that it would vigorously defend its position, but Kagermann has indicated that it could respond to the original allegation in the next week or so.