NetScout Systems commented on the Connecticut Superior Court’s decision on December 15, 2015 in favor of NetScout. In a 19‑page decision, the Court rejected Gartner, Inc.’s attempt to dismiss the case NetScout filed challenging Gartner’s business practices and one of its Magic Quadrant reports.
As the Court explained, the first count of NetScout’s Revised Complaint against Gartner, for violation of the Connecticut Unfair Trade Practices Act, was based on NetScout’s allegation that Gartner’s Magic Quadrant ratings were “corrupted by favoritism shown to Gartner’s major customers” and that “its ranking system is based not on objective facts, but rather on Gartner’s ‘pay-to-play’ business model.”
The second count, for corporate defamation, alleged that the rating and statements about NetScout in Gartner’s 2014 Magic Quadrant report for Network Performance Monitoring and Diagnostics were defamatory and untrue.
The Court rebuffed Gartner’s attempt to dismiss the Revised Complaint, denying “in its entirety” Gartner’s motion to strike. Notably, the Court held that “Gartner has not met its burden of showing,” among other things, “that the statements in the Magic Quadrant are protected opinions.”
“The Court’s well-considered decision is a significant win for NetScout, but more importantly, a win for our customers and the industry,” said Jeff Levinson, NetScout’s General Counsel. “The Court’s ruling makes clear that no law allows Gartner to defame technology companies.”
The Latest
Broad proliferation of cloud infrastructure combined with continued support for remote workers is driving increased complexity and visibility challenges for network operations teams, according to new research conducted by Dimensional Research and sponsored by Broadcom ...
New research from ServiceNow and ThoughtLab reveals that less than 30% of banks feel their transformation efforts are meeting evolving customer digital needs. Additionally, 52% say they must revamp their strategy to counter competition from outside the sector. Adapting to these challenges isn't just about staying competitive — it's about staying in business ...
Leaders in the financial services sector are bullish on AI, with 95% of business and IT decision makers saying that AI is a top C-Suite priority, and 96% of respondents believing it provides their business a competitive advantage, according to Riverbed's Global AI and Digital Experience Survey ...
SLOs have long been a staple for DevOps teams to monitor the health of their applications and infrastructure ... Now, as digital trends have shifted, more and more teams are looking to adapt this model for the mobile environment. This, however, is not without its challenges ...
Modernizing IT infrastructure has become essential for organizations striving to remain competitive. This modernization extends beyond merely upgrading hardware or software; it involves strategically leveraging new technologies like AI and cloud computing to enhance operational efficiency, increase data accessibility, and improve the end-user experience ...
AI sure grew fast in popularity, but are AI apps any good? ... If companies are going to keep integrating AI applications into their tech stack at the rate they are, then they need to be aware of AI's limitations. More importantly, they need to evolve their testing regiment ...
If you were lucky, you found out about the massive CrowdStrike/Microsoft outage last July by reading about it over coffee. Those less fortunate were awoken hours earlier by frantic calls from work ... Whether you were directly affected or not, there's an important lesson: all organizations should be conducting in-depth reviews of testing and change management ...
In MEAN TIME TO INSIGHT Episode 11, Shamus McGillicuddy, VP of Research, Network Infrastructure and Operations, at EMA discusses Secure Access Service Edge (SASE) ...
On average, only 48% of digital initiatives enterprise-wide meet or exceed their business outcome targets according to Gartner's annual global survey of CIOs and technology executives ...
Artificial intelligence (AI) is rapidly reshaping industries around the world. From optimizing business processes to unlocking new levels of innovation, AI is a critical driver of success for modern enterprises. As a result, business leaders — from DevOps engineers to CTOs — are under pressure to incorporate AI into their workflows to stay competitive. But the question isn't whether AI should be adopted — it's how ...
