Getting The Music Business Over The 'But We Must Sell Music' Hump

Company Sues Gartner Again For Not Putting It In The Magic Quadrant

from the you're-going-to-need-some-magic... dept

Tue, Dec 8th 2009 5:33pm — Mike Masnick

No matter what you think of Gartner's research (and we've been quite clear that we don't think much of it), the lawsuit brought by ZL Tech against Gartner earlier this year for not putting it in Gartner's infamous "magic quadrant" was a non-starter from the beginning, and it was no surprise that it was quickly tossed, as the judge noted that Gartner is free to have its own opinion. ZL should have taken the hint. Instead, it's amended the complaint and tried again. You can see the full complaint here or read it below:

It's basically more of the same. ZL is still claiming that Gartner has no right to its opinion, saying that because Gartner bases its opinion on "a body of facts" through "a rigorous process" it's no longer an opinion. That's flat out ridiculous. All opinions are based on a body of facts, and even if you have a rigorous process by which you figure out how to sort your opinions, it's still an opinion.

ZL also talks about Gartner's well-known conflicts of interest, a topic that is widely discussed and certainly has done great harm to Gartner's credibility in many circles, while still not being illegal. Basically ZL just comes across as a company angry that Gartner didn't rank it high enough, which -- in my opinion (please don't sue) -- raises plenty of questions about why you'd want to work with a company so thin-skinned and sensitive to someone else's opinion.

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Filed Under: magic quadrant, opinion
Companies: gartner, zl

18 Comments

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Angry, 8 Dec 2009 @ 6:39pm

RAWR
OK... seriously. Each time there is a story like this, a politician and a lawyer should have their accounts frozen and sent to some 3rd world country
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Dark Helmet (profile), 8 Dec 2009 @ 6:49pm

Ahem
Your CwF+RtB offerings need to be replenished.

Love,

Dark Management....
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ChurchHatesTucker (profile), 8 Dec 2009 @ 7:28pm

Ugh
The Nokia ads are a frakin' bitch. Worse because it takes me a minute to find out why pages are scrolling for no reason.

Also, ScribD is annoying as hell.

That is all.
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Ads, 8 Dec 2009 @ 7:31pm

Ads
Mike you're an embarrassment. Maybe you haven't seen it (probably not), but the Nokia ad takes up half the damn screen. C'mon, kill off the terrible ads.
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db, 8 Dec 2009 @ 7:38pm

It's said in every thread complaining about ads...
Get Firefox, and adblock. I haven't seen an ad for a very long time.
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Anonymous Coward, 8 Dec 2009 @ 7:45pm

Re: Ads
What ad ?
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Anonymous Coward, 8 Dec 2009 @ 7:59pm

Re: It's said in every thread complaining about ads...
Ha ha... no kidding!
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inc, 8 Dec 2009 @ 8:00pm

Re: Ads
I clicked on the ads. I'd rather see an ad then your off topic comment. That's my opinion after rigorous fact checking.
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ChurchHatesTucker (profile), 8 Dec 2009 @ 8:21pm

Re: Ads
Frak yeah! I utter an audible "Frakkin' Nokia!" every time I encounter this craaap.
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Promote me to asshole moderator, 8 Dec 2009 @ 10:48pm

My name isn't Mike so I can't be cool.
Will this comment need to be reviewed by the staff?
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PRMan, 9 Dec 2009 @ 2:46am

What ad?
I have Firefox with NoScript and I don't see any ads...
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AJ, 9 Dec 2009 @ 4:12am

Ad?
I'm sure this blog isn't free for Mike. I'll bet it costs him money somewhere. If I have to put up with an ad or two, to continue to get to read and post here for free, so be it. It IS annoying, but tolerable.
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js, 9 Dec 2009 @ 6:38am

relevant?
Wow..does anyone still believe that Gartner is still relevant or even remotely accurate/fair/balanced in their views?
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Esahc (profile), 9 Dec 2009 @ 8:11am

Re: Ahem
Especially for the holidays and when I have money, you're supposed to magically know when I have money, damn it!
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Esahc (profile), 9 Dec 2009 @ 8:13am

Re: Ads
Get Add block +, I have no clue what add you speak of.
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Dark Helmet (profile), 9 Dec 2009 @ 9:29am

Re: Re: Ahem
Exactly!
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Anonymous Coward, 9 Dec 2009 @ 6:12pm

Re: RAWR
Perhaps Gartner needs to list ZL Tech in the rubber room of insanity for repeating the same action and expecting a different result.
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kambui (profile), 15 Dec 2009 @ 1:27pm

WHAT IS GARTNER GOOD FOR?
I will tell you my friends...two things...

One...market sizing...sometimes...or at least your boss gets off your back when you say you pulled the numbers from Gartner...

Two...consulting firms read Gartner every month to determine what subject(s) clients will become paranoid about during the current month, then the firms sell into the paranoia...

(heh) I don't mean for it to sound the way it does...

Depending on your business problem and/or perspective, a five-figure Gartner subscription may or may not be worth it...
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