CA Provides Evidence of Illegal Copying of Source Code by Rocket Software

Court Filing Cites Newly-Discovered “Clear and Irrefutable Proof” of Copyright Infringement

Independent Expert Finds Portions of Rocket’s Source Code “Identical or Virtually Identical” To CA Source Code

ISLANDIA, N.Y.– In its case against Rocket Software, Inc. seeking damages of at least $200 million and preliminary and permanent injunctions for misappropriation of DB2 tools, CA, Inc. (NYSE:CA) revealed “clear and irrefutable proof” of copyright infringement by Rocket in a motion filed Wednesday.

CA’s filing includes a sworn affidavit by an outside expert detailing his analysis that found portions of the underlying source code for the Rocket DB2 Log Analysis Tool and the Rocket DB2 Query Monitor are “identical or virtually identical” to copyrighted source code written several years ago by CA programmers. Based upon his review, the expert concluded that it is “beyond question that Rocket . . . copied these source code files” and employs these source code files in its products.

CA is seeking both a preliminary injunction in connection with the motion filed Wednesday and a permanent injunction that may be granted after a trial, barring further distribution of Rocket products based on CA copyrighted source code.

In the affidavit, Dr. Benjamin Goldberg, an outside expert and professor of Computer Sciences at New York University also noted that the “comments” in certain portions of both source code are exactly the same, right down to the number of question marks used in a given sentence. In many instances, according to Professor Goldberg, the same multi-digit identifier for certain functions was used in the source code for both CA’s and Rocket’s software.

“The fact that all of the data labels in the source code files in Sealed Exhibit B are virtually identical eliminates any explanation for the similarity other than copying because the chances of this happening at random are astronomical,” said Goldberg. He found these sections after only a limited review. “I am continuing to analyze additional CA and Rocket source code files,” he noted in his affidavit, “and have only had the opportunity to examine and compare a small portion of all the source code files produced in the course of this litigation.”

“The stark evidence now presented to this Court under seal only became available in 2008, after Rocket produced its source code and an expert for CA gained access to it,” CA said in the motion.

Rocket’s DB2 products are distributed through IBM to customers worldwide. Rocket’s Log Analysis Tool competes with CA Log Analyzer. Both products review the logs generated by the DB2 system, diagnose and correct potential problems, and audit DB2 data changes. Rocket’s Query Monitor competes with CA Detector. Both products assess the performance of DB2 databases on a system level and on an individual query level.

CA alleges that Rocket obtained the source code and development environment for these products by hiring programmers and software developers formerly employed by CA or Platinum Technology International, Inc., which CA acquired in 1999.

Yesterday’s motion, filed in the United States District Court for the Eastern District of New York follows the August 2007 filing of amended complaint in which CA alleged that Rocket stole intellectual property associated with a number of CA’s key database management software products. The amended complaint includes causes of action for copyright infringement, misappropriation of a trade secret, unfair competition, and unjust enrichment/restitution. According to the complaint, Rocket “knowingly and intentionally stole from CA the source code and development environment” and used the intellectual property to create many, if not all, of its software tools for the IBM DB2 relational database management system.