ZL Technologies files amended complaint against Gartner

This information was provided originally as a comment to an existing blog post. It is being promoted to a full blog post to ensure that the news receives proper attention.

ZLTI v Gartner in logos

Tip o’ the hat to Rob Elliott of ZL Technologies for this update…

On December 4, 2009, ZL Technologies filed an amended complaint against Gartner, Inc. in the United States District Court for the Northern District of California. The Court granted ZL the opportunity to clarify and augment our earlier allegations of defamation and trade libel.

In the first round of ZL’s legal dispute with Gartner, Gartner argued to the Court that its rankings and other statements in the proprietary “Magic Quadrant Reports” are merely opinions that are not based upon fact, and that they are understood as such by the readers of those reports. However, Gartner’s Continue reading

Gartner won dismissal of ZL lawsuit, but ZL can file an amended complaint

This dismissal by the judge hearing the case does not mean the issue has been settled as ZL Technologies can pursue other legal options.

Related SageCircle posts:

From the Research Magazine website: Round one goes to Gartner in libel battle

5 November 2009 | By Brian Tarran

Gartner has succeeded in dismissing a libel complaint brought by a software company angry at being described as a ‘niche’ player – though the vendor has been granted leave to file an amended complaint.

ZLTI v Gartner in logos

District Court Judge Jeremy Fogel agreed with the IT analyst’s argument that its Magic Quadrant reports and the positioning of ZL Technologies in the ‘niche’ quadrant constituted “non-actionable Continue reading

SageCircle AR Podcast for October 23, 2009

SageCircle AR Podcast ArtworkThe AR podcast is a review of the latest news and trends in the analyst ecosystem along with tips and tricks for analyst relations professionals and analyst research consumers. SageCircle strategists Dave Eckert and Carter Lusher co-host this bi-weekly program. You can find all the SageCircle podcasts on our podcast page.

Visit the podcast page to download the MP3 file or listen to the episodes on your computer.  Click here to subscribe to the podcast within iTunes

SCP 11: Table of contents. Numbers in parentheses refer to minutes:seconds when the article starts within the podcast.

[00:00] Opening

[01:09] News – Acquisition of TowerGroup by Executive Conference Board

[05:30] How analysts use inquiry

[09:14] ZL Technologies sues Gartner

[15:56] Bill of Rights for Vendor Continue reading

Gartner Statement about the ZL Technologies lawsuit

SageCircle received the following official statement on October 21, 2009 from Gartner about the ZL Technologies lawsuit. Thanks to Andrew Spender, VP Corporation Communications (Twitter), for sending this.

“We are aware of the complaint filed in California by ZL Technologies regarding their location in a Gartner Magic Quadrant. While it’s not our practice to discuss pending litigation, we do consider this complaint to be completely without merit and have moved to dismiss it in the courts. While we regret that ZL Technology is dissatisfied with its location in the Magic Quadrant, we remain committed to providing our clients with independent research and advice about the products that we cover.” -Gartner, Inc.

ZLTI v Gartner in logos

This not the first time that Gartner has been sued nor will it be the last

Software vendor ZL Technologies has sued Gartner, Inc. about the impact of the firm’s research on its business (see the court documents on its website). Needless to say, this has gotten the attention of twits and bloggers. Here are two example blog posts 

There are legitimate criticisms about any particular firm’s research methodology, whether a standalone piece of research or a recurring research deliverable like IDC’s market share models or Aberdeen Axis. SageCircle, vendors, and others have certainly given Gartner suggestions for improving the Magic Quadrant in private meetings, on blog posts, and in public forums like the Gartner Quarterly AR Call. And to be fair, Gartner has tweaked its methodology a little for the Magic Quadrant over the years, but probably more in response to the Forrester Wave than what they hear from the vendors.

ZLTI v Gartner in logos

There is also the issue that many technology buyers who use the Magic Quadrant as an input to decision making do not know how to Continue reading

Follow

Get every new post delivered to your Inbox.