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[News] Pay-to-Say Gartner Gang Sued Again for Libel

  • Subject: [News] Pay-to-Say Gartner Gang Sued Again for Libel
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Wed, 09 Dec 2009 20:06:05 +0000
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.3.1
Hash: SHA1

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.


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


E-mail Archiving Vendor Takes on Gartner's Magic Quadrant

,----[ Quote ]
| 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.'"


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.


Gartner in the dock over Magic Quadrant

,----[ Quote ]
| 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.


Tech Company Sues Gartner Because It Doesn't Like How Gartner Placed It In Its Magic Quadrant


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.)


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.


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.


When censorship goes too far, we cannot say Gar-ner anymore

,----[ Quote ]
| 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.


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.

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