The US District Court for the Northern District of California has denied Tibco Software a temporary restraining order (TRO) restricting Sonic Software`s publication of a benchmarking analysis of the companies` competing enterprise messaging products.
The document in question is titled "JMS Performance Comparison: SonicMQ vs TIBCO Enterprise for JMS", and can be accessed at www.sonicsoftware.com/whitepapers/tibco.
Tibco failed to convince the court that the publication of this document would cause irreparable harm to its business, or that it would be likely to prevail on the merits of its claims in a full trial on the matter.
Specifically, the court wrote: "The showing of irreparable harm is entirely speculative," and "the showing of likelihood of success is equally thin."
"From the outset, we have been confident that Tibco`s claims against Sonic were unfounded," says Greg O`Connor, president of Sonic Software, a Progress Software company.
"The court found for Sonic Software without even requiring a hearing on Tibco`s request. This order allows Sonic to continue to provide existing and potential customers with a broad range of fair and detailed comparative product information when making buying decisions, which is a fundamental right of all customers. It is now plain to see that attempts to squash the free flow of that information will be reviewed carefully by the court."
SonicMQ is the industry`s most scalable enterprise message server, delivering reliability, extensive connectivity, management capabilities and security for communication across the extended enterprise. SonicMQ`s open, enterprise-class backbone guarantees that messages are never lost, even in the most challenging situations. Its proven performance, patent-pending Dynamic Routing Architecture (DRA) and advanced clustering technologies allow SonicMQ deployments to scale without limit.
Sonic Software is distributed in SA by Progress Software.
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