Playing in the Neighbor's Garden

Once again, it's all about indirect use! In the broadest sense, the question is: what can a user, SAP partner, external software provider, or consultant use, process, copy, or orchestrate from an SAP system without committing copyright infringement?

The issue of indirect use of ERP data and algorithms has yet to be resolved. It is a multi-layered and technically complex topic, made even more complex by historically evolved license conditions. SAP customers and consultants often encounter problems that did not exist in the past. The only solution is to work through a timeline. What was permitted when the ERP software was purchased? Do the SAP terms and conditions (T&Cs) from that time still exist? Has the license agreement changed since then?

The issue of indirect use of ERP data and algorithms has yet to be resolved. It is a multi-layered and technically complex topic, made even more complex by historically evolved license conditions. SAP customers and consultants often encounter problems that did not exist in the past. The only solution is to work through a timeline. What was permitted when the ERP software was purchased? Do the SAP terms and conditions (T&Cs) from that time still exist? Has the license agreement changed since then?

The chicken-and-egg problem

First and foremost, there is the age-old question of the chicken and the egg: what came first? What seems essential? In computer science, this discussion concerns data structures and algorithms. Typically, data comes from users. Database structures can be defined by both users and software suppliers. Algorithms are usually the responsibility of the program developer.

However, in the case of SAP, many programs are created under the sovereignty of the end user, often using SAP IT tools. As a result, the boundaries are diffuse and variable. The situation becomes more complicated when third-party providers are added to the mix. These providers use SAP customers’ data, as well as SAP's data structures and algorithms. Of course, these external consultants and third-party providers only gain access to the ERP system with the respective SAP customer’s permission, which does not restrict SAP's rights. What happens if a third-party provider tries to access the ERP system with a software solution, but SAP also offers a solution? Munich-based software provider Celonis is attempting to generate considerable revenue from the apparent shortcomings of SAP software. This raises the question of the legitimacy of making a living in the neighbor's garden.

As the offerings of SAP and Celonis have converged in certain areas over the years, Celonis software can no longer be considered an essential addition to an SAP ERP system. Nevertheless, SAP customers should be free to choose their own consultants and software suppliers. However, Celonis claims that SAP hinders its "instinct to play" in the neighbor's garden.