|By Greg Schulz||
|July 24, 2012 10:00 PM EDT||
NAD recommends Oracle discontinue certain performance claims for Exadata
By Greg Schulz
I Received the following press release in my inbox today from the National Advertising Division (NAD) recommending that Oracle stop making certain performance claims about Exadata after a complaint from IBM.
In case you are not familiar with ExaData, it is a database machine or storage appliance that only supports Oracle database systems (learn more here). Oracle having bought Sun microsystems a few years back moved from being a software vendor that competed with other vendors software solutions including those from IBM while running on hardware from Dell, HP and IBM among others. Now that Oracle is in the hardware business, while you will still find Oracle software products running on their competitors hardware (servers and storage), Oracle is also more aggressively competing with those same partners, particularly IBM.
Hmm, to quote Scooby Doo: Rut Roh!
Looks like IBM complained to the Better Business Bureau (BBB) National Advertising Division (NAD) that resulted in the Advertising Self-Regulatory Council (ASRC) making their recommendation below (more about NAD and ASRC can be found here). Based on a billboard sign that I saw while riding from JFK airport into New York City last week, I would not be surprised if a company with two initials that start with an H and end with a P were to file a similar complaint.
I Wonder if the large wall size Oracle advertisement that used to be in the entry way to the white plains (IATA:HPN) airport (e.g. in IBM's backyard) welcoming you to the terminal as you get off the airplanes is still there?
The following is the press release that I received:
For Immediate Release
Contact: Linda Bean
NAD Finds Oracle Took Necessary Action in Discontinuing Comparative Performance Claims for Exadata; Oracle to Appeal NAD Decision
New York, NY July 24, 2012 TheNational Advertising Division has recommended that Oracle Corporation discontinue certain comparative product-performance claims for the companys Exadata database machines, following a challenge by International Business Machines Corporation. Oracle said it would voluntarily discontinue the challenged claims, but noted that it would appeal NADs decision to the National Advertising Review Board.
The advertising claims at issue appeared in a full-page advertisement in the Wall Street Journal and included the following:
- Exadata 20x Faster Replaces IBM Again
- Giant European Retailer Moves Databases from IBM Power to Exadata Runs 20 Times Faster
NAD also considered whether the advertising implied that all Oracle Exadata systems are twenty times faster than all IBM Power systems.
The advertisement featured the image of an Oracle Exadata system, along with the statement: Giant European Retailer Moves Databases from IBM Power to Exadata Runs 20 Times Faster. The advertisement also offered a link to the Oracle website: For more details oracle.com/EuroRetailer.
IBM argued that the 20x Faster claim makes overly broad references to Exadata and IBM Power, resulting in a misleading claim, which the advertisers evidence does not support. In particular, the challenger argued that by referring to the brand name IBM Power without qualification, Oracle was making a broad claim about the entire IBM Power systems line of products.
The advertiser, on the other hand, argued that the advertisement represented a case study, not a line claim, and noted that the sophisticated target audience would understand that the advertisement is based on the experience of one customer the Giant European Retailer referenced in the advertisement.
In a NAD proceeding, the advertiser is obligated to support all reasonable interpretations of its advertising claims, not just the message it intended to convey. In the absence of reliable consumer perception evidence, NAD uses its experienced judgment to determine what implied messages, if any, are conveyed by an advertisement. When evaluating the message communicated by an advertising claim, NAD will examine the claims at issue in the context of the entire advertisement in which they appear.
In this case, NAD concluded that while the advertiser may have intended to convey the message that in one case study a particular Exadata system was up to 20 times faster when performing two particular functions than a particular IBM Power system, Oracles general references to Exadata and IBM Power, along with the bold unqualified headline Exadata 20x Faster Replaces IBM Again, conveyed a much broader message.
NAD determined that at least one reasonable interpretation of the challenged advertisement is that all or a vast majority of Exadata systems consistently perform 20 times faster in all or many respects than all or a vast majority of IBM Power systems. NAD found that the message was not supported by the evidence in the record, which consisted of one particular comparison of one consumers specific IBM Power system to a specific Exadata System.
NAD further determined that the disclosure provided on the advertisers website was not sufficient to limit the broad message conveyed by the 20x Faster claim. More importantly, NAD noted that even if Oracles website disclosure was acceptable and had appeared clearly and conspicuously in the challenged advertisement it would still be insufficient because an advertiser cannot use a disclosure to cure an otherwise false claim.
NAD noted that Oracles decision to permanently discontinue the claims at issue was necessary and proper.
Oracle, in its advertisers statement, said it was disappointed with the NADs decision in this matter, which it believes is unduly broad and will severely limit the ability to run truthful comparative advertising, not only for Oracle but for others in the commercial hardware and software industry.
Oracle noted that it would appeal all of NADs findings in the matter.
NAD's inquiry was conducted under NAD/CARU/NARB Procedures for the Voluntary Self-Regulation of National Advertising. Details of the initial inquiry, NAD's decision, and the advertiser's response will be included in the next NAD/CARU Case Report.
About Advertising Industry Self-Regulation: The Advertising Self-Regulatory Council establishes the policies and procedures for advertising industry self-regulation, including the National Advertising Division (NAD), Childrens Advertising Review Unit (CARU), National Advertising Review Board (NARB), Electronic Retailing Self-Regulation Program (ERSP) and Online Interest-Based Advertising Accountability Program (Accountability Program.) The self-regulatory system is administered by the Council of Better Business Bureaus.
Self-regulation is good for consumers. The self-regulatory system monitors the marketplace, holds advertisers responsible for their claims and practices and tracks emerging issues and trends. Self-regulation is good for advertisers. Rigorous review serves to encourage consumer trust; the self-regulatory system offers an expert, cost-efficient, meaningful alternative to litigation and provides a framework for the development of a self-regulatory to emerging issues.
To learn more about supporting advertising industry self-regulation, please visit us at: www.asrcreviews.org.
Linda Bean l Director, Communications,
Advertising Self-Regulatory Council
112 Madison Ave.
New York, NY
Ok, Oracle is no stranger to benchmark and performance claims controversy having amassed several decades of experience. Anybody remember the silver bullet database test from late 80s early 90s when Oracle set a record performance except that they never committed the writes to disk?
Something tells me that Oracle and Uncle Larry (e.g. Larry Ellison who is not really my uncle) will treat this as any kind of press or media coverage is good and probably will issue something like IBM must be worried if they have to go to the BBB.
Will a complaint which I'm sure is not the fist to be lodged with the BBB against Oracle deter customers, or be of more use to IBM sales and their partners in deals vs. Oracle?
What's your take?
Is this much ado about nothing, a filler for a slow news or discussion day, a break from talking about VMware acquisition of Nicira or VMware CEO management changes? Perhaps this is an alternative to talking about the CEO of SSD vendor STEC being charged with insider trading, or something other than Larry Ellison buying an Hawaiian island (IMHO he could have gotten a better deal buying Greece), or is this something that Oracle will need to take seriously?
Ok, nuff said.
All Comments, (C) and (TM) belong to their owners/posters, Other content (C) Copyright 2006-2012 StorageIO All Rights Reserved
WebRTC has had a real tough three or four years, and so have those working with it. Only a few short years ago, the development world were excited about WebRTC and proclaiming how awesome it was. You might have played with the technology a couple of years ago, only to find the extra infrastructure requirements were painful to implement and poorly documented. This probably left a bitter taste in your mouth, especially when things went wrong.
Jan. 16, 2017 09:00 PM EST Reads: 7,425
Up until last year, enterprises that were looking into cloud services usually undertook a long-term pilot with one of the large cloud providers, running test and dev workloads in the cloud. With cloud’s transition to mainstream adoption in 2015, and with enterprises migrating more and more workloads into the cloud and in between public and private environments, the single-provider approach must be revisited. In his session at 18th Cloud Expo, Yoav Mor, multi-cloud solution evangelist at Cloudy...
Jan. 16, 2017 08:45 PM EST Reads: 4,573
The proper isolation of resources is essential for multi-tenant environments. The traditional approach to isolate resources is, however, rather heavyweight. In his session at 18th Cloud Expo, Igor Drobiazko, co-founder of elastic.io, drew upon his own experience with operating a Docker container-based infrastructure on a large scale and present a lightweight solution for resource isolation using microservices. He also discussed the implementation of microservices in data and application integrat...
Jan. 16, 2017 06:45 PM EST Reads: 3,482
Containers have changed the mind of IT in DevOps. They enable developers to work with dev, test, stage and production environments identically. Containers provide the right abstraction for microservices and many cloud platforms have integrated them into deployment pipelines. DevOps and containers together help companies achieve their business goals faster and more effectively. In his session at DevOps Summit, Ruslan Synytsky, CEO and Co-founder of Jelastic, reviewed the current landscape of Dev...
Jan. 16, 2017 05:00 PM EST Reads: 4,004
In his General Session at DevOps Summit, Asaf Yigal, Co-Founder & VP of Product at Logz.io, will explore the value of Kibana 4 for log analysis and will give a real live, hands-on tutorial on how to set up Kibana 4 and get the most out of Apache log files. He will examine three use cases: IT operations, business intelligence, and security and compliance. This is a hands-on session that will require participants to bring their own laptops, and we will provide the rest.
Jan. 16, 2017 03:30 PM EST Reads: 4,817
IoT is at the core or many Digital Transformation initiatives with the goal of re-inventing a company's business model. We all agree that collecting relevant IoT data will result in massive amounts of data needing to be stored. However, with the rapid development of IoT devices and ongoing business model transformation, we are not able to predict the volume and growth of IoT data. And with the lack of IoT history, traditional methods of IT and infrastructure planning based on the past do not app...
Jan. 16, 2017 03:15 PM EST Reads: 336
"We're bringing out a new application monitoring system to the DevOps space. It manages large enterprise applications that are distributed throughout a node in many enterprises and we manage them as one collective," explained Kevin Barnes, President of eCube Systems, in this SYS-CON.tv interview at DevOps at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York City, NY.
Jan. 16, 2017 02:15 PM EST Reads: 5,261
With major technology companies and startups seriously embracing IoT strategies, now is the perfect time to attend @ThingsExpo 2016 in New York. Learn what is going on, contribute to the discussions, and ensure that your enterprise is as "IoT-Ready" as it can be! Internet of @ThingsExpo, taking place June 6-8, 2017, at the Javits Center in New York City, New York, is co-located with 20th Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry p...
Jan. 16, 2017 01:45 PM EST Reads: 3,591
@DevOpsSummit at Cloud taking place June 6-8, 2017, at Javits Center, New York City, is co-located with the 20th International Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is no time to wait for long developm...
Jan. 16, 2017 01:30 PM EST Reads: 3,306
Updating DevOps to the latest production data slows down your development cycle. Probably it is due to slow, inefficient conventional storage and associated copy data management practices. In his session at @DevOpsSummit at 20th Cloud Expo, Dhiraj Sehgal, in Product and Solution at Tintri, will talk about DevOps and cloud-focused storage to update hundreds of child VMs (different flavors) with updates from a master VM in minutes, saving hours or even days in each development cycle. He will also...
Jan. 16, 2017 01:00 PM EST Reads: 1,026
A look across the tech landscape at the disruptive technologies that are increasing in prominence and speculate as to which will be most impactful for communications – namely, AI and Cloud Computing. In his session at 20th Cloud Expo, Curtis Peterson, VP of Operations at RingCentral, will highlight the current challenges of these transformative technologies and share strategies for preparing your organization for these changes. This “view from the top” will outline the latest trends and developm...
Jan. 16, 2017 12:30 PM EST Reads: 841
"There's a growing demand from users for things to be faster. When you think about all the transactions or interactions users will have with your product and everything that is between those transactions and interactions - what drives us at Catchpoint Systems is the idea to measure that and to analyze it," explained Leo Vasiliou, Director of Web Performance Engineering at Catchpoint Systems, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York Ci...
Jan. 16, 2017 12:30 PM EST Reads: 5,475
The 20th International Cloud Expo has announced that its Call for Papers is open. Cloud Expo, to be held June 6-8, 2017, at the Javits Center in New York City, brings together Cloud Computing, Big Data, Internet of Things, DevOps, Containers, Microservices and WebRTC to one location. With cloud computing driving a higher percentage of enterprise IT budgets every year, it becomes increasingly important to plant your flag in this fast-expanding business opportunity. Submit your speaking proposal ...
Jan. 16, 2017 12:30 PM EST Reads: 5,008
@DevOpsSummit taking place June 6-8, 2017 at Javits Center, New York City, is co-located with the 20th International Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. @DevOpsSummit at Cloud Expo New York Call for Papers is now open.
Jan. 16, 2017 12:30 PM EST Reads: 3,356
SYS-CON Events announced today that Dataloop.IO, an innovator in cloud IT-monitoring whose products help organizations save time and money, has been named “Bronze Sponsor” of SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Dataloop.IO is an emerging software company on the cutting edge of major IT-infrastructure trends including cloud computing and microservices. The company, founded in the UK but now based in San Fran...
Jan. 16, 2017 12:00 PM EST Reads: 2,409
Discover top technologies and tools all under one roof at April 24–28, 2017, at the Westin San Diego in San Diego, CA. Explore the Mobile Dev + Test and IoT Dev + Test Expo and enjoy all of these unique opportunities: The latest solutions, technologies, and tools in mobile or IoT software development and testing. Meet one-on-one with representatives from some of today's most innovative organizations
Jan. 16, 2017 12:00 PM EST Reads: 1,378
SYS-CON Events announced today that Super Micro Computer, Inc., a global leader in Embedded and IoT solutions, will exhibit at SYS-CON's 20th International Cloud Expo®, which will take place on June 7-9, 2017, at the Javits Center in New York City, NY. Supermicro (NASDAQ: SMCI), the leading innovator in high-performance, high-efficiency server technology, is a premier provider of advanced server Building Block Solutions® for Data Center, Cloud Computing, Enterprise IT, Hadoop/Big Data, HPC and E...
Jan. 16, 2017 11:30 AM EST Reads: 5,674
SYS-CON Events announced today that Linux Academy, the foremost online Linux and cloud training platform and community, will exhibit at SYS-CON's 20th International Cloud Expo®, which will take place on June 6-8, 2017, at the Javits Center in New York City, NY. Linux Academy was founded on the belief that providing high-quality, in-depth training should be available at an affordable price. Industry leaders in quality training, provided services, and student certification passes, its goal is to c...
Jan. 16, 2017 11:30 AM EST Reads: 1,872
20th Cloud Expo, taking place June 6-8, 2017, at the Javits Center in New York City, NY, will feature technical sessions from a rock star conference faculty and the leading industry players in the world. Cloud computing is now being embraced by a majority of enterprises of all sizes. Yesterday's debate about public vs. private has transformed into the reality of hybrid cloud: a recent survey shows that 74% of enterprises have a hybrid cloud strategy.
Jan. 16, 2017 11:30 AM EST Reads: 4,133
The unique combination of Amazon Web Services and Cloud Raxak, a Gartner Cool Vendor in IT Automation, provides a seamless and cost-effective way of securely moving on-premise IT workloads to Amazon Web Services. Any enterprise can now leverage the cloud, manage risk, and maintain continuous security compliance. Forrester's analysis shows that enterprises need automated security to lower security risk and decrease IT operational costs. Through the seamless integration into Amazon Web Services, ...
Jan. 16, 2017 11:15 AM EST Reads: 1,724