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Did Oracle Corporation Lie Under Oath, AGAIN? Part 2.


After I did these three analyses, everything became much clearer.

By sorting the 134 pages of emails by date of occurrence, I discovered the following:

• 22 Jul 1991: On page 1 is the original offer letter [11]
• 14 Jan 1993: Jumping to page 21, we find the ‘forced leave of absence’ [12]
• 25 Jan 1993: Jumping to page 46, we see Ms Mabon’s “death or insanity” email [13]
• 08 Feb 1993: Jumping back to page 42, we see HR changing its mind
• 09 Feb 1993: Jumping now to page 47, 48 and 49, we see my reply to Pam’s email [14]
• 15 Feb 1993: Jumping to page 45, we see a summary of everything that happened

Each of these items is evidence, in Childers v Oracle – electronic mails from people employed by Oracle during the period under question – that was not shared during the discovery phase of the trial.

These emails were not shared – they were actively concealed from the court. By both Oracle Corporation’s employees, and by my own brother, Thomas Childers, a former Oracle employee.

Based on information and belief, the existence of the second, third, fourth, and fifth items of evidence, referenced above, suggest that Oracle Corporation’s Legal Department engaged in felony-level fraud, perjury, conspiracy, spoliation, and obstruction.

But I’m not done. I’m just starting. There is more.

What is the explanation for this confusion? Why do we have to jump around like a flea on a hot plate, and play cyber-detective, to find out what really happened?

The answer lies in the chain of custody.

Chain of custody

How do we know this material came from Oracle Corporation?

Because the mail headers say that all of the messages passed through oracle.com – that is the one factor that is common to every single message.

Based on information and belief, almost every message is distinguished as being an output of Oracle’s company-proprietary Oracle*Mail software, by the use of ‘----End of Message----’ and ‘----Included Message----’ lines, which are unique to Oracle*Mail.

How do we know that Thomas Childers printed these materials?

We know that Thomas Childers printed these materials because every mail is either to or from show contact info . They were in his custody. It would be his responsibility to explain how they escaped his custody.

We can also verify origin by comparing the output, under a microscope, with similar printouts that are almost certainly preserved in Thomas Childers’ personal files.

Based upon personal information and belief, Thomas Childers printed these emails on the dot matrix printer connected to his Apple computer, at home.

Tom appears to have spent the better part of an entire day – Saturday, August 28, 1993 – printing out emails related to his younger brother:

• At 9:47 AM, Thomas Childers began printing out a folder named ‘Richard,1/93-7/93’.
• At 11:06 AM, Thomas Childers began or continued printing starting from page 20.
• At 15:38 PM, Thomas Childers began or continued printing starting from page 41.
• At 16:41 PM, Thomas Childers began or continued printing starting from page 61.
• At 19:05 PM, Thomas Childers began or continued printing starting from page 80.
• At 20:22 PM, Thomas Childers began or continued printing starting from page 111.

The folder’s name, at the top of every page, indicates that it contains contents related to 1993; and yet, it begins with a mail message that is dated from 1991.

Clearly a large amount of intervening emails have been deleted.

That is only the first of many inconsistencies.

Based on information and belief, on Saturday, August 28, 1993, Thomas spent the entire day printing out electronic mail, from Oracle, to show to Liz Marin, the Sybase HR liaison to MIS.

Thomas was doing this in order to persuade Liz Marin to not hire me, at Sybase, where I was being interviewed, in August, 1993. And Thomas was successful – Liz Marin broke off communications with me and refused to acknowledge me, even when I sent her a letter, asking, via certified mail, why.


It is not the purpose of this email to subject the 134-page-long printout to an exhaustive analysis.

I will summarize why such an analysis is needed, by stating that I think the evidence may prove my older brother’s, and Oracle Corporation’s, involvement in my girlfriend’s restraining order.

Because these emails resided on Oracle computers it is almost certain that Oracle Corporation personnel were also reading my electronic mail, as well as my older brother’s electronic mail, during my forced leave of absence, and afterwards.

Based on information and belief, Oracle Corporation reading my electronic mails after I was no longer an employee, by reading my brother’s electronic mails, may be a species of wiretapping.

So it is almost certain that Oracle Corporation was in possession of all the information it needed to provoke my older brother, my girlfriend, or both, to do something they might later regret.

Other missing documents

It can be said that the entire 134-page-long printout is all new evidence. Particularly those portions where I am discussing the events relating to my pending termination, at Oracle, with my fellow Unitarians, in our ostensibly private BITNET-based mailing list, UUS-L.

However, there are other documents that Oracle Corporation did not produce, which need to be accounted for.

When I worked at Oracle Corporation, one of my areas of expertise was reading and writing magnetic tapes. I was an expert at using dd(1), mt(1), dump(8), restore(8), tar(1) and other UNIX archival utilities to extract usable files from tapes produced on unconventional computers and operating systems.

Employees involved in customer support were often asking the Data Center for help in reading and writing data to and from tapes. Someone – it might have even been me – suggested setting up some publicly accessible tape drives in the Data Center, a sort of self-service tape drive kiosk, so that users could read and write their own tapes and not need assistance from computer operators.

But even after this was done, users still needed help composing the commands necessary to extract data from or write data to a tape in a way that was guaranteed to be usable by the customer at the other end.

So I ended up writing a small instructional manual for users, on the theory and practice of cutting tapes. I might have even titled it, ‘On The Theory & Practice Of Cutting Tapes’.

A few years later, when I started working at ASK/Ingres, another database company located in Alameda, I met the person I was replacing – Dan Dick – and Dan told me that he was leaving to start working at Oracle, in the Data Center. I told him that we were trading jobs; and, we stayed in touch.

A few months later Dan sent me an email telling me that he had encountered my tape drive manual, in the Data Center, and that it was still in use, and still listed me as the author.

Needless to say, this tape operator manual was not turned over, in response to my lawsuit’s subpoena.

There was something else I wrote, that Oracle also concealed from San Mateo Superior Court.

Many of the servers that we administered in the Data Center were used to provide home directories for Oracle employees. These servers often provided home directories to hundreds of users. When one of these home directory servers was offline, it meant that hundreds of Oracle employees could not work.

One did not need to shut down a computer to render hundreds of people idle, however. One only needed to fill up the shared disk partition in which the hundreds of home directories co-resided. All it took was one user copying one large dataset or SQL dump to their home directory, and then forgetting to delete it ... then, doing it again ... and again ... until, one day, everything came to a halt and frantic calls to the Data Center demanded that we find and fix the problem NOW.

My methodology for fixing this problem was to run a utility to measure the disk use of each user, in kilobytes, then sort the results to see who was using the most storage; then, contact them, or their manager, and ask them to clean things up, and not to do it again. Cooperation was essential.

I found myself doing this so often that I wrote a program to automatically check the free disk space in the home directory partition and, if it crossed a threshold, identified the problematic employee home directories, and sent them an electronic mail politely asking them to clean up, before the partition filled up. Patricia McElroy described it as, “solving a human problem with technology”.

(This was a decade before “proactive” was a buzzword, by the way.)

The result: no more home directory filesystems filling up, and no more hundreds of idle employees. I saved Oracle Corporation hundreds of thousands of dollars in lost productivity from idle employees. Probably much more. Pretty cool, huh?

(I actually replaced myself with a small shell script. Pretty stupid, huh. See how I was thanked?)

The odds are pretty good that my script, or a derivative of it, is still in use, thirty years later. Because nothing, really, has changed. People still have home directories. The home directories are still concentrated on larger machines so that they can be backed up. People still fill up partitions – nowadays, it’s digitized videos, not datasets. But the principle is the same – find the biggest files and delete them, or move them elsewhere. And the solution always involves eliciting cooperation.

Needless to say, this script that automatically maintained home directories and corporate productivity was not turned over, in response to my lawsuit’s subpoena.

Strangely, at the end of 1992 I only received a bonus of 2%.

Based upon information and belief, this was the very smallest bonus a person could get at Oracle Corporation.

I received this tiny bonus because I was, supposedly, an anti-Semite, and someone in a position of power and authority wanted me to quit. It was a deliberate insult from people who secretly hated me. There is simply no other explanation. The theft of my bonus was a hate crime.

It’s not clear who received the bonus for the public tape drive cluster, or the mini-manual I wrote, or the bonus for the home directory maintenance program I designed. My first guess would be Burt Demchick, as he was responsible for distributing our team’s bonuses. My second guess would be Patricia McElroy, who may have been asked for input on her team’s performance, for 1992 bonuses.

Where do we go from here?

Although it is not the purpose of this letter to provide an exhaustive analysis, that is my next step.

There is more information to be gleaned from these 134 pages of materials. But I do not need the originals to do my research. Whereas you do need the originals to prosecute Oracle Corporation.

I feel obligated to share the news of this discovery with the California Department of Justice, because Oracle has made a mockery of you. I hope your agency is interested in doing something about this, so that the California Department of Justice does not look like a laughingstock to the world.

I also feel obligated to share this information with the California Department of Fair Employment & Housing, in the hopes that they, too, might feel motivated to do something about the joke that Oracle Corporation has made of them and their regulations. We have common cause.

Indeed, because my children ended up living in substandard housing, infested with mold and bedbugs, it is doubly of interest to the DFEH – seeing as their agency’s official mandate includes both employment, and housing, and this is a case where criminally-managed employment created circumstances that inevitably forced my family into criminally-managed housing [15].

One would have to be wearing blinders not to see the connection. Oracle Corporation is not just a predator. It is a corrupter. And the corporation is representative of a larger problem this country faces.

All the lawyers that helped Oracle get away with these crimes, and many others, have retired, and are enjoying their wealth – probably in other countries, like Russia, and Israel, with no extradition treaties.

Larry Ellison, at last report, bought most of a small island in the Hawaiian cluster. He is well positioned to flee the United States. Possession of an intercontinental aircraft and privately managed jet fuel reserves would be other indicators – just sayin’.

I hear the age of consent in Japan is thirteen – and Larry Ellison is a big fan of things Japanese [16]. Larry’s not stupid, you won’t find any Masonic temples on his island. Food for thought.

And then, there’s those injections of blood from younger people Larry gets – that’s just plain sick [17].

I’m not saying that any of these people are corrupting or preying upon the locals so unfortunate as to be trapped in their vicinity, by poverty, or geography ... but it’s not unlikely. They’re not ethical people.

... Meanwhile, I have these 134 pages of felony-grade evidence, of corporate criminality gone rampant.

Is anyone in the California government interested in assuming responsibility for these materials?

Should I look for a lawyer? Or maybe a buyer?

Personally, I think the verdict should be reversed. Or vacated. But vacating it is pointless, that just means I need to find another lawyer, cough up another $30,000, and wait ten years for another Big Nothing Burger. What’s the point? Civil law clearly isn’t working.

It will take $10,000 in cash, just to get a law firm’s partial attention. Another $10,000 to hold their attention for a few months. Then I just need to worry about them being bribed. Or another of my family members being accidentally killed, in a crosswalk. Oracle will drag this out until 2121 if they can.

If your agency is seriously interested in assuming responsibility for these materials and using them to prosecute Oracle Corporation in criminal court, the next step would be for someone to get in touch with me and make arrangements to assume custody of these materials.

I think time is of the essence. If you don’t punish Oracle, the citizens of California will know that you are not governing this state and have relinquished control to Oracle, Google, Facebook, Twitter, etc, and in the next race for Governor, it’s going to be Mark Zuckerberg, running against Peter Thiel.

I also think this is a major opportunity for levying some serious fines against Oracle Corporation. Think of how much compounding interest the State of California can collect from 25 years of deceit. Or what other dust bunnies you might flush out from under the bed, with a little vacuuming.

Other states and other countries are having their own difficulties with Oracle Corporation. You should consider uniting in common cause. Oracle is not indispensible. Just fast. It can be replaced. And Oracle Federal is a completely separate corporation from Oracle Corporation.

If the State of California is not interested in these materials, you should let me know so that I can offer these materials to others whom might be more willing or able to put them to good use. Perhaps I can auction the materials, on eBay.


Richard Childers


[15]Exhibit 7; see pages 31-34
  • do NOT contact me with unsolicited services or offers

post id: 7360808644



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