|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
With an estimated 50 billion devices connected to the Internet by 2020, several industries will begin to expand their capabilities for retaining end point data at the edge to better utilize the range of data types and sheer volume of M2M data generated by the Internet of Things. In his session at @ThingsExpo, Don DeLoach, CEO and President of Infobright, will discuss the infrastructures businesses will need to implement to handle this explosion of data by providing specific use cases for filte...
Feb. 8, 2016 08:00 PM EST Reads: 129
SYS-CON Events announced today that VAI, a leading ERP software provider, will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. VAI (Vormittag Associates, Inc.) is a leading independent mid-market ERP software developer renowned for its flexible solutions and ability to automate critical business functions for the distribution, manufacturing, specialty retail and service sectors. An IBM Premier Business Part...
Feb. 8, 2016 03:00 PM EST Reads: 574
Fortunately, meaningful and tangible business cases for IoT are plentiful in a broad array of industries and vertical markets. These range from simple warranty cost reduction for capital intensive assets, to minimizing downtime for vital business tools, to creating feedback loops improving product design, to improving and enhancing enterprise customer experiences. All of these business cases, which will be briefly explored in this session, hinge on cost effectively extracting relevant data from ...
Feb. 8, 2016 03:00 PM EST
SYS-CON Events announced today that Alert Logic, Inc., the leading provider of Security-as-a-Service solutions for the cloud, will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. Alert Logic, Inc., provides Security-as-a-Service for on-premises, cloud, and hybrid infrastructures, delivering deep security insight and continuous protection for customers at a lower cost than traditional security solutions. Ful...
Feb. 8, 2016 02:00 PM EST Reads: 377
SYS-CON Events announced today that Interoute, owner-operator of one of Europe's largest networks and a global cloud services platform, has been named “Bronze Sponsor” of SYS-CON's 18th Cloud Expo, which will take place on June 7-9, 2015 at the Javits Center in New York, New York. Interoute is the owner-operator of one of Europe's largest networks and a global cloud services platform which encompasses 12 data centers, 14 virtual data centers and 31 colocation centers, with connections to 195 ad...
Feb. 8, 2016 12:45 PM EST Reads: 356
As enterprises work to take advantage of Big Data technologies, they frequently become distracted by product-level decisions. In most new Big Data builds this approach is completely counter-productive: it presupposes tools that may not be a fit for development teams, forces IT to take on the burden of evaluating and maintaining unfamiliar technology, and represents a major up-front expense. In his session at @BigDataExpo at @ThingsExpo, Andrew Warfield, CTO and Co-Founder of Coho Data, will dis...
Feb. 8, 2016 12:30 PM EST Reads: 142
SYS-CON Events announced today that Commvault, a global leader in enterprise data protection and information management, has been named “Bronze Sponsor” of SYS-CON's 18th International Cloud Expo, which will take place on June 7–9, 2016, at the Javits Center in New York City, NY, and the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Commvault is a leading provider of data protection and information management...
Feb. 8, 2016 10:45 AM EST Reads: 383
The cloud promises new levels of agility and cost-savings for Big Data, data warehousing and analytics. But it’s challenging to understand all the options – from IaaS and PaaS to newer services like HaaS (Hadoop as a Service) and BDaaS (Big Data as a Service). In her session at @BigDataExpo at @ThingsExpo, Hannah Smalltree, a director at Cazena, will provide an educational overview of emerging “as-a-service” options for Big Data in the cloud. This is critical background for IT and data profes...
Feb. 8, 2016 09:30 AM EST Reads: 157
With the Apple Watch making its way onto wrists all over the world, it’s only a matter of time before it becomes a staple in the workplace. In fact, Forrester reported that 68 percent of technology and business decision-makers characterize wearables as a top priority for 2015. Recognizing their business value early on, FinancialForce.com was the first to bring ERP to wearables, helping streamline communication across front and back office functions. In his session at @ThingsExpo, Kevin Roberts...
Feb. 7, 2016 12:00 PM EST Reads: 356
SYS-CON Events announced today that Fusion, a leading provider of cloud services, will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. Fusion, a leading provider of integrated cloud solutions to small, medium and large businesses, is the industry's single source for the cloud. Fusion's advanced, proprietary cloud service platform enables the integration of leading edge solutions in the cloud, including clou...
Feb. 6, 2016 03:30 PM EST Reads: 739
Most people haven’t heard the word, “gamification,” even though they probably, and perhaps unwittingly, participate in it every day. Gamification is “the process of adding games or game-like elements to something (as a task) so as to encourage participation.” Further, gamification is about bringing game mechanics – rules, constructs, processes, and methods – into the real world in an effort to engage people. In his session at @ThingsExpo, Robert Endo, owner and engagement manager of Intrepid D...
Feb. 5, 2016 09:00 PM EST Reads: 797
Eighty percent of a data scientist’s time is spent gathering and cleaning up data, and 80% of all data is unstructured and almost never analyzed. Cognitive computing, in combination with Big Data, is changing the equation by creating data reservoirs and using natural language processing to enable analysis of unstructured data sources. This is impacting every aspect of the analytics profession from how data is mined (and by whom) to how it is delivered. This is not some futuristic vision: it's ha...
Feb. 2, 2016 02:00 PM EST Reads: 417
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.
Feb. 2, 2016 04:30 AM EST Reads: 861
Learn how IoT, cloud, social networks and last but not least, humans, can be integrated into a seamless integration of cooperative organisms both cybernetic and biological. This has been enabled by recent advances in IoT device capabilities, messaging frameworks, presence and collaboration services, where devices can share information and make independent and human assisted decisions based upon social status from other entities. In his session at @ThingsExpo, Michael Heydt, founder of Seamless...
Feb. 1, 2016 05:00 AM EST Reads: 951
The IoT's basic concept of collecting data from as many sources possible to drive better decision making, create process innovation and realize additional revenue has been in use at large enterprises with deep pockets for decades. So what has changed? In his session at @ThingsExpo, Prasanna Sivaramakrishnan, Solutions Architect at Red Hat, discussed the impact commodity hardware, ubiquitous connectivity, and innovations in open source software are having on the connected universe of people, thi...
Jan. 31, 2016 09:00 PM EST Reads: 738
WebRTC: together these advances have created a perfect storm of technologies that are disrupting and transforming classic communications models and ecosystems. In his session at WebRTC Summit, Cary Bran, VP of Innovation and New Ventures at Plantronics and PLT Labs, provided an overview of this technological shift, including associated business and consumer communications impacts, and opportunities it may enable, complement or entirely transform.
Jan. 31, 2016 07:15 PM EST Reads: 1,157
There are so many tools and techniques for data analytics that even for a data scientist the choices, possible systems, and even the types of data can be daunting. In his session at @ThingsExpo, Chris Harrold, Global CTO for Big Data Solutions for EMC Corporation, showed how to perform a simple, but meaningful analysis of social sentiment data using freely available tools that take only minutes to download and install. Participants received the download information, scripts, and complete end-t...
Jan. 31, 2016 10:00 AM EST Reads: 1,231
For manufacturers, the Internet of Things (IoT) represents a jumping-off point for innovation, jobs, and revenue creation. But to adequately seize the opportunity, manufacturers must design devices that are interconnected, can continually sense their environment and process huge amounts of data. As a first step, manufacturers must embrace a new product development ecosystem in order to support these products.
Jan. 31, 2016 10:00 AM EST Reads: 823
Manufacturing connected IoT versions of traditional products requires more than multiple deep technology skills. It also requires a shift in mindset, to realize that connected, sensor-enabled “things” act more like services than what we usually think of as products. In his session at @ThingsExpo, David Friedman, CEO and co-founder of Ayla Networks, discussed how when sensors start generating detailed real-world data about products and how they’re being used, smart manufacturers can use the dat...
Jan. 30, 2016 07:45 PM EST Reads: 798
When it comes to IoT in the enterprise, namely the commercial building and hospitality markets, a benefit not getting the attention it deserves is energy efficiency, and IoT’s direct impact on a cleaner, greener environment when installed in smart buildings. Until now clean technology was offered piecemeal and led with point solutions that require significant systems integration to orchestrate and deploy. There didn't exist a 'top down' approach that can manage and monitor the way a Smart Buildi...
Jan. 30, 2016 03:45 PM EST Reads: 1,282