While Oracle is appealing the reversal of its $1,3-billion award against SAP for downloading its software, a criminal case has now been opened against a subsidiary of the German software maker for the same offense.

The criminal case in for copyright abuse and relate to the SAP subsidiary downloading the Oracle software and then using it for SAP customers.

SAP has already admitted to downloading some software in the civil case, and it’s believed it will plead guilty to some of the charges in the new criminal case.

Last year, a court awarded Oracle $1,3-billion in damages in the civil case, but that was recently rejected by another court.

SAP had admitted liability but denied that top officials knew the software was being downloaded.

US federal authorities brought a criminal charge of 11 counts of accessing computers and once count of copyright infringement against TomorrowNow.