|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
SaaS companies can greatly expand revenue potential by pushing beyond their own borders. The challenge is how to do this without degrading service quality. In his session at 18th Cloud Expo, Adam Rogers, Managing Director at Anexia, discussed how IaaS providers with a global presence and both virtual and dedicated infrastructure can help companies expand their service footprint with low “go-to-market” costs.
Jun. 28, 2016 03:00 AM EDT Reads: 959
[session] The Factory of the Future, Today By @Cisco | @ThingsExpo #IoT #BigData #DigitalTransformation
IoT offers a value of almost $4 trillion to the manufacturing industry through platforms that can improve margins, optimize operations & drive high performance work teams. By using IoT technologies as a foundation, manufacturing customers are integrating worker safety with manufacturing systems, driving deep collaboration and utilizing analytics to exponentially increased per-unit margins. However, as Benoit Lheureux, the VP for Research at Gartner points out, “IoT project implementers often ...
Jun. 27, 2016 07:45 PM EDT Reads: 389
It's easy to assume that your app will run on a fast and reliable network. The reality for your app's users, though, is often a slow, unreliable network with spotty coverage. What happens when the network doesn't work, or when the device is in airplane mode? You get unhappy, frustrated users. An offline-first app is an app that works, without error, when there is no network connection. In his session at 18th Cloud Expo, Bradley Holt, a Developer Advocate with IBM Cloud Data Services, discussed...
Jun. 27, 2016 06:15 PM EDT Reads: 880
Basho Technologies has announced the latest release of Basho Riak TS, version 1.3. Riak TS is an enterprise-grade NoSQL database optimized for Internet of Things (IoT). The open source version enables developers to download the software for free and use it in production as well as make contributions to the code and develop applications around Riak TS. Enhancements to Riak TS make it quick, easy and cost-effective to spin up an instance to test new ideas and build IoT applications. In addition to...
Jun. 27, 2016 05:15 PM EDT Reads: 383
University of Colorado Athletics has selected FORTRUST, Colorado’s only Tier III Gold certified data center, as their official data center and colocation services provider, FORTRUST announced today. A nationally recognized and prominent collegiate athletics program, CU provides a high quality and comprehensive student-athlete experience. The program sponsors 17 varsity teams and in their history, the Colorado Buffaloes have collected an impressive 28 national championships. Maintaining uptime...
Jun. 27, 2016 05:15 PM EDT Reads: 493
As organizations shift towards IT-as-a-service models, the need for managing and protecting data residing across physical, virtual, and now cloud environments grows with it. Commvault can ensure protection, access and E-Discovery of your data – whether in a private cloud, a Service Provider delivered public cloud, or a hybrid cloud environment – across the heterogeneous enterprise. In his general session at 18th Cloud Expo, Randy De Meno, Chief Technologist - Windows Products and Microsoft Part...
Jun. 27, 2016 04:15 PM EDT Reads: 477
Presidio Receives @EMCcorp Partner Services Quality Award | @ThingsExpo @Presidio #IoT #DigitalTransformation
Presidio has received the 2015 EMC Partner Services Quality Award from EMC Corporation for achieving outstanding service excellence and customer satisfaction as measured by the EMC Partner Services Quality (PSQ) program. Presidio was also honored as the 2015 EMC Americas Marketing Excellence Partner of the Year and 2015 Mid-Market East Partner of the Year. The EMC PSQ program is a project-specific survey program designed for partners with Service Partner designations to solicit customer feedbac...
Jun. 27, 2016 03:15 PM EDT Reads: 376
Edge Hosting has announced a partnership with and the availability of CloudFlare, a web application firewall, CDN and DDoS mitigation service. “This partnership enhances Edge Hosting’s world class, perimeter layer, application (layer 7) defensive mechanism,” said Mark Houpt, Edge Hosting CISO. “The goal was to enable a new layer of customer controlled defense and compliance through the application of DDoS filters and mitigations, the web application firewall (WAF) feature and the added benefit ...
Jun. 27, 2016 03:15 PM EDT Reads: 494
In his general session at 18th Cloud Expo, Lee Atchison, Principal Cloud Architect and Advocate at New Relic, discussed cloud as a ‘better data center’ and how it adds new capacity (faster) and improves application availability (redundancy). The cloud is a ‘Dynamic Tool for Dynamic Apps’ and resource allocation is an integral part of your application architecture, so use only the resources you need and allocate /de-allocate resources on the fly.
Jun. 27, 2016 03:00 PM EDT Reads: 1,168
Machine Learning helps make complex systems more efficient. By applying advanced Machine Learning techniques such as Cognitive Fingerprinting, wind project operators can utilize these tools to learn from collected data, detect regular patterns, and optimize their own operations. In his session at 18th Cloud Expo, Stuart Gillen, Director of Business Development at SparkCognition, discussed how research has demonstrated the value of Machine Learning in delivering next generation analytics to imp...
Jun. 27, 2016 03:00 PM EDT Reads: 774
It is one thing to build single industrial IoT applications, but what will it take to build the Smart Cities and truly society changing applications of the future? The technology won’t be the problem, it will be the number of parties that need to work together and be aligned in their motivation to succeed. In his Day 2 Keynote at @ThingsExpo, Henrik Kenani Dahlgren, Portfolio Marketing Manager at Ericsson, discussed how to plan to cooperate, partner, and form lasting all-star teams to change t...
Jun. 27, 2016 02:45 PM EDT Reads: 1,240
In his keynote at 18th Cloud Expo, Andrew Keys, Co-Founder of ConsenSys Enterprise, provided an overview of the evolution of the Internet and the Database and the future of their combination – the Blockchain. Andrew Keys is Co-Founder of ConsenSys Enterprise. He comes to ConsenSys Enterprise with capital markets, technology and entrepreneurial experience. Previously, he worked for UBS investment bank in equities analysis. Later, he was responsible for the creation and distribution of life sett...
Jun. 27, 2016 02:30 PM EDT Reads: 1,269
Digital Initiatives create new ways of conducting business, which drive the need for increasingly advanced security and regulatory compliance challenges with exponentially more damaging consequences. In the BMC and Forbes Insights Survey in 2016, 97% of executives said they expect a rise in data breach attempts in the next 12 months. Sixty percent said operations and security teams have only a general understanding of each other’s requirements, resulting in a “SecOps gap” leaving organizations u...
Jun. 27, 2016 02:30 PM EDT Reads: 1,101
There are several IoTs: the Industrial Internet, Consumer Wearables, Wearables and Healthcare, Supply Chains, and the movement toward Smart Grids, Cities, Regions, and Nations. There are competing communications standards every step of the way, a bewildering array of sensors and devices, and an entire world of competing data analytics platforms. To some this appears to be chaos. In this power panel at @ThingsExpo, moderated by Conference Chair Roger Strukhoff, Bradley Holt, Developer Advocate a...
Jun. 27, 2016 12:00 PM EDT Reads: 864
You are moving to the Cloud. The question is not if, it’s when. Now that your competitors are in the cloud and lapping you, your “when” better hurry up and get here. But saying and doing are two different things. In his session at @DevOpsSummit at 18th Cloud Expo, Robert Reeves, CTO of Datical, explained how DevOps can be your onramp to the cloud. By adopting simple, platform independent DevOps strategies, you can accelerate your move to the cloud. Spoiler Alert: He also makes sure you don’t...
Jun. 27, 2016 11:30 AM EDT Reads: 991
Creating replica copies to tolerate a certain number of failures is easy, but very expensive at cloud-scale. Conventional RAID has lower overhead, but it is limited in the number of failures it can tolerate. And the management is like herding cats (overseeing capacity, rebuilds, migrations, and degraded performance). Download Slide Deck: ▸ Here In his general session at 18th Cloud Expo, Scott Cleland, Senior Director of Product Marketing for the HGST Cloud Infrastructure Business Unit, discusse...
Jun. 27, 2016 11:00 AM EDT Reads: 985
Connected devices and the industrial internet are growing exponentially every year with Cisco expecting 50 billion devices to be in operation by 2020. In this period of growth, location-based insights are becoming invaluable to many businesses as they adopt new connected technologies. Knowing when and where these devices connect from is critical for a number of scenarios in supply chain management, disaster management, emergency response, M2M, location marketing and more. In his session at @Th...
Jun. 27, 2016 10:00 AM EDT Reads: 1,069
The cloud market growth today is largely in public clouds. While there is a lot of spend in IT departments in virtualization, these aren’t yet translating into a true “cloud” experience within the enterprise. What is stopping the growth of the “private cloud” market? In his general session at 18th Cloud Expo, Nara Rajagopalan, CEO of Accelerite, explored the challenges in deploying, managing, and getting adoption for a private cloud within an enterprise. What are the key differences between wh...
Jun. 27, 2016 09:30 AM EDT Reads: 912
More and more companies are looking to microservices as an architectural pattern for breaking apart applications into more manageable pieces so that agile teams can deliver new features quicker and more effectively. What this pattern has done more than anything to date is spark organizational transformations, setting the foundation for future application development. In practice, however, there are a number of considerations to make that go beyond simply “build, ship, and run,” which changes ho...
Jun. 27, 2016 08:45 AM EDT Reads: 1,035
"A lot of times people will come to us and have a very diverse set of requirements or very customized need and we'll help them to implement it in a fashion that you can't just buy off of the shelf," explained Nick Rose, CTO of Enzu, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York City, NY.
Jun. 27, 2016 08:45 AM EDT Reads: 1,099