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ZL files fresh libel complaint against Gartner
,----[ Quote ]
| Software firm ZL Technologies has filed a new
| libel complaint against IT researcher
| Gartner, after an earlier complaint was
| dismissed by a court last month.
|
| The complaint, filed in a US district court
| in San Jose on Friday, centres on Gartnerâs
| classification of ZL as a ânicheâ vendor in
| its Magic Quadrant reports.
|
| District Court Judge Jeremy Fogel ruled in
| early November that Gartnerâs reports
| consituted ânon-actionable opinionâ which
| could not be the basis of a libel suit, but
| ZL argues that Gartner presents its analystsâ
| opinions as being âbased on a body of factâ.
`----
http://www.research-live.com/zl-files-fresh-libel-complaint-against-gartner/4001682.article
ZLFirst Amended Complaint
http://www.scribd.com/doc/23841976/ZLFirst-Amended-Complaint
âAnalysts sell out - thatâs their business modelâ But they are
very concerned that they never look like they are selling out,
so that makes them very prickly to work with.â
--Microsoft, internal document
Recent:
E-mail Archiving Vendor Takes on Gartner's Magic Quadrant
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| Despite these protestations, whispers
| remain that the big players' hefty
| contributions to Gartner assures, at the
| very least, a less negative MQ score than
| they would otherwise receive.
|
| "Whether or not it actually represents 'pay
| for play' is, I suppose, in the eye of the
| individual," said Karp. "But it is
| certainly true that many vendors refer to
| engagements with Gartner [and its
| competitors] as 'paying the analyst tax.'"
`----
http://www.enterprisestorageforum.com/continuity/features/article.php/3848461
Gartner Sued Over Magic Quadrant for Alleged Damages of $132M plus Punitives of $1.3B
,----[ Quote ]
| - Fair Disclosure on Conflicts of Interest.
| Gartner generates its revenues from payments
| made by the same vendors whose products it
| evaluates.
`----
http://marklogic.blogspot.com/2009/10/gartner-sued-over-magic-quadrant-for.html
Gartner in the dock over Magic Quadrant
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| Friday October 23rd will see Gartner argue a
| motion to dismiss a complaint by ZL
| Technologies Inc about the famed Gartner
| Magic Quadrant. According to court papers,
| Gartner will argue to dismiss based on First
| Amendment rights citing that the Magic
| Quadrant is not meant to represent
| statements of fact but is based on pure
| opinion.
`----
http://blogs.zdnet.com/Howlett/?p=1424
Tech Company Sues Gartner Because It Doesn't Like How Gartner Placed It In Its Magic Quadrant
http://techdirt.com/articles/20091022/0334006631.shtml
Lawsuit over Gartner's 'Magic Quadrant' should (poof!) disappear
,----[ Quote ]
| On Friday, a judge in San Jose will hear
| arguments regarding Gartner's motion to
| dismiss a lawsuit filed in May by ZL
| Technologies that seeks to not only
| eviscerate the Magic Quadrant but also
| punish Gartner severely for ever having
| foisted it upon the IT world. (That some of
| you are cheering grants ZL's case not a
| scintilla of validity, but point taken.)
`----
http://www.networkworld.com/news/2009/102109-buzzblog-gartner-magic-quadrant-lawsuit.html?fsrc=netflash-rss
Gartner declares Android a second place winner in 2012. Why?
,----[ Quote ]
| Had Gartner not served as Microsoftâs mouthpiece in
| badmouthing OS/2, NCs, Macs, and everything open source-
| related (or just not Microsoft-related) to enterprise
| users all these years, perhaps the companyâs analysts
| wouldnât be blown away by âtechnological advancesâ that
| happen every year. Of course, had it not done all that
| damage, the company wouldnât have ever got all those
| millions of shill dollars for keeping Microsoftâs
| terrible products in the headlines.
`----
http://www.roughlydrafted.com/2009/10/08/gartner-declares-android-a-second-place-winner-in-2012-why/
No, the Cloud is Not Killing Open Source
,----[ Quote ]
| Andrea DiMaio from the Gartner Blog Network asks an interesting question in
| a post titled "Is Cloud Computing Killing Open Source in Government?," and
| InfoWorld weighs in on the issue as well. One might as well not limit the
| question to government usage. Is cloud computing killing open source in
| general? DiMaio notes that government officials in London and Washington
| D.C. are finding that primary drivers for open source adoption--including
| cost savings and vendor independence--are going away, while free, cloud
| applications proliferate and grab headlines.
`----
http://ostatic.com/blog/no-the-cloud-is-not-killing-open-source
When censorship goes too far, we cannot say Gar-ner anymore
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| I received a really nice email (if you want to call it that) from Gar-ner on
| Friday. If you are asking who is Gar-ner, well itâs this company that put
| companies in a square divided into four sections. I received an email asking
| me to take down my blogs that contained this companies name by them telling
| the following:
|
| âPer our Copyright and Quote Policy, available at the link below and at any
| time from Gartner's home page, other companies may only externally quote,
| mention, reference or display the Gartner name or Gartner research after
| first obtaining approval in writing, in advance, from my department. In
| violation of this restriction, your organization has been using Gartnerâs
| name and research as shown in your blog entry at this linkâ.
|
| [...]
|
| So all of the information I posted and used was sent to me by vendors to make
| sure I knew the news. But Gar-ner does not see it that way; I still have no
| idea why. But what I did was to delete all blogs that have this company name
| in it. By deleting them I am telling them that they mean nothing to me
| anymore, I will no longer use their name or even care about the square they
| use. I know some vendors called me on Friday and Saturday to talk to me about
| the deleted post.
|
| [...]
|
| To be clear to all of my readers, we will not use, publish or mention the
| Gar-ner name or any reports in the future. We will come up with our own when
| it comes to networking, voices, video and other areas. I am sure we can do a
| better job any way.
`----
http://www.networkworld.com/community/node/44252
Gartner Tells Reporter: You're Not Allowed To Mention Gartner Research Without
Our Permission
,----[ Quote ]
| Rich Kulawiec alerts us to the news that Gartner (which absolutely should
| know better) sent a legal nastygram to a Network World blogger, Larry
| Chaffin, for the mortal sin of mentioning Gartner without Gartner's
| permission. Specifically, Gartner is claiming full control over its research
| reports, and saying that a reporter cannot quote them.
|
| [...]
|
| Chaffin actually did take down the posts after being threatened, claiming
| that in doing so he's showing how meaningless Gartner is. He also promises
| never to post about any Gartner reports ever again in the future -- but did
| talk up Gartner's ridiculous policies and demands (amusingly referring to the
| company as Gar-ner).
|
| Beyond just being of questionable legality, Gartner's actions also seem
| incredibly short-sighted (especially for a firm that's supposed to be known
| for being forward looking). Everyone knows the real value in a Gartner report
| is not in any actual analysis, but in the PR it might generate for companies
| that find their way into the infamous (and silly) "magic quadrant." By
| forcing reporters not to talk about who's in that magic quadrant, Gartner has
| just made its reports significantly less valuable. Now that's foresight.
`----
http://www.hypebot.com/hypebot/2009/08/when-the-marketing-overshows-the-music.html
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