29
Fri, Nov
0 New Articles

Maxava Names Sirius Computer Solutions in False-Advertising Suit Against Vision Solutions

Channel News
Typography
  • Smaller Small Medium Big Bigger
  • Default Helvetica Segoe Georgia Times

Maxava also alleges Vision engaged in anti-competitive practices, while Vision asks for a dismissal maintaining the suit is without merit.

Maximum Availability announced this week that it has added Sirius Computer Solutions of San Antonio, Texas, as a co-defendant in a previously filed lawsuit against Vision Solutions.

Vision Solutions is privately held by Thoma Bravo, LLC and sells a range of high availability products including iTERA, MIMIX, EchoCluster and Double-Take software.  Sirius Computer Solutions, an information technology solutions provider, is also part of the same Software and Technology portfolio of Thoma Bravo. In its lawsuit, Maxava states that Vision and Sirius had at least one common company director representing Thoma Bravo during the period of alleged wrongdoing. 

The lawsuit is currently pending in the U.S. Federal Court in the Central District of California and centers around Maximum Availability’s (Maxava's) claim that Vision Solutions created and distributed comparative marketing materials that contained false statements about Maxava and its products and services. Maxava already has a preliminary injunction from the court against Vision Solutions in which the court ordered Vision to immediately stop engaging in any false advertising. 

Maxava has now added Sirius Computer Solutions as a co-defendant in the suit claiming that Sirius provided the false marketing materials to a prospective customer when that customer was evaluating Maxava and Vision's competing products in September 2009.  Maxava says that it believes Sirius has repeatedly distributed the false advertising materials when competing with Maxava and its resellers. Discovery is ongoing, and Maxava says it is currently assessing the extent of distribution of the false claims by Sirius and Vision and the harm caused to Maxava. 

Maxava says it has also added additional claims against Vision for alleged trade libel, interference with prospective economic advantage, and alleged anti-competitive and monopolistic behavior in alleged violation of the Sherman Act. 

“It is unfortunate that we are having to take court action to ensure that IBM i customers can enjoy a fair choice of software products and have honest information on which to make an informed decision,” said Allan Campbell, CEO of Maxava. 

Maxava's new claims for alleged anti-competitive behavior by Vision result from threats allegedly made by Vision to an independent reseller, according to Maxava. Maxava's complaint alleges that Vision attempted to intimidate the reseller by threatening to terminate existing Vision reseller arrangements if that reseller commenced sales or marketing initiatives to promote Maxava software. Maxava’s claim alleges that threats and intimidation stifle legitimate competition and are illegal.

In issuing the preliminary injunction, the court found that Vision Solutions distributed comparative marketing materials that contained literally false statements about Maxava.  The court directed Vision to immediately cease further distribution of such  comparative marketing documents and it required Vision to issue a notice to all those, worldwide, who had received the false marketing materials, including all Vision employees involved in sales and marketing to customers and potential customers, certain individuals at Sirius Computer Solutions, Inc., and all of Vision’s other third-party resellers, notifying them not to use those documents and specifically warning them not to represent the false statements that Maxava lacked 24/7 global customer support or that Vision had replaced Maxava’s software at more than 80 customers.

In the lawsuit, Maxava is represented by attorney Micah Jacobs of MBV Law in San Francisco.

Editor's Note: Upon receiving a copy of the above Maxava press release, Vision Solutions issued a statement through its public relations department that said: "Since the lawsuit was originally filed, Vision Solutions has consistently stated that it believes that Maxava's suit is without merit. Vision Solutions continues to stand by this position and further believes that Maxava' claims, in its recent amendment to its complaint, are without merit as well, and, as such, has filed a motion to dismiss these claims."

When contacted by MC Press Online, Sirius Computer Solutions said, "We are aware of this development and, at this point, have no comment. It's our policy not to comment on litigation." The company said it would inform MC Press readers should it change its position and decide to issue a public statement regarding the suit at some future time.

Maxava is a worldwide provider of innovative Monitoring, High Availability and Disaster Recovery software solutions for the IBM i platform and other systems. Customers have been using Maxava HA software for more than 16 years to ensure business continuity, reduce risk and meet regulatory requirements. Maxava’s software ensures business resilience for a cross-section of the world’s most demanding IBM i customers through SaaS, Cloud, Subscription and traditional Licensed software models.

Providing critical business continuity solutions to customers around the globe, Maxava’s implementations span a diverse set of industries including Banking, Telecommunications, Government, Manufacturing and Healthcare. Many of the worlds most trusted consumer brands are supported by IT environments strengthened by the use of the Maxava HA suite. Maxava is responsible for over 2000 installations globally and provides 24x7x365 support directly to over 40 countries through regional offices located in North America, Europe, and Asia Pacific.

Visit maxava.com for more information or find out what our customers have to say at Maxava Customer Case Study Videos.

BLOG COMMENTS POWERED BY DISQUS

LATEST COMMENTS

Support MC Press Online

$

Book Reviews

Resource Center

  • SB Profound WC 5536 Have you been wondering about Node.js? Our free Node.js Webinar Series takes you from total beginner to creating a fully-functional IBM i Node.js business application. You can find Part 1 here. In Part 2 of our free Node.js Webinar Series, Brian May teaches you the different tooling options available for writing code, debugging, and using Git for version control. Brian will briefly discuss the different tools available, and demonstrate his preferred setup for Node development on IBM i or any platform. Attend this webinar to learn:

  • SB Profound WP 5539More than ever, there is a demand for IT to deliver innovation. Your IBM i has been an essential part of your business operations for years. However, your organization may struggle to maintain the current system and implement new projects. The thousands of customers we've worked with and surveyed state that expectations regarding the digital footprint and vision of the company are not aligned with the current IT environment.

  • SB HelpSystems ROBOT Generic IBM announced the E1080 servers using the latest Power10 processor in September 2021. The most powerful processor from IBM to date, Power10 is designed to handle the demands of doing business in today’s high-tech atmosphere, including running cloud applications, supporting big data, and managing AI workloads. But what does Power10 mean for your data center? In this recorded webinar, IBMers Dan Sundt and Dylan Boday join IBM Power Champion Tom Huntington for a discussion on why Power10 technology is the right strategic investment if you run IBM i, AIX, or Linux. In this action-packed hour, Tom will share trends from the IBM i and AIX user communities while Dan and Dylan dive into the tech specs for key hardware, including:

  • Magic MarkTRY the one package that solves all your document design and printing challenges on all your platforms. Produce bar code labels, electronic forms, ad hoc reports, and RFID tags – without programming! MarkMagic is the only document design and print solution that combines report writing, WYSIWYG label and forms design, and conditional printing in one integrated product. Make sure your data survives when catastrophe hits. Request your trial now!  Request Now.

  • SB HelpSystems ROBOT GenericForms of ransomware has been around for over 30 years, and with more and more organizations suffering attacks each year, it continues to endure. What has made ransomware such a durable threat and what is the best way to combat it? In order to prevent ransomware, organizations must first understand how it works.

  • SB HelpSystems ROBOT GenericIT security is a top priority for businesses around the world, but most IBM i pros don’t know where to begin—and most cybersecurity experts don’t know IBM i. In this session, Robin Tatam explores the business impact of lax IBM i security, the top vulnerabilities putting IBM i at risk, and the steps you can take to protect your organization. If you’re looking to avoid unexpected downtime or corrupted data, you don’t want to miss this session.

  • SB HelpSystems ROBOT GenericCan you trust all of your users all of the time? A typical end user receives 16 malicious emails each month, but only 17 percent of these phishing campaigns are reported to IT. Once an attack is underway, most organizations won’t discover the breach until six months later. A staggering amount of damage can occur in that time. Despite these risks, 93 percent of organizations are leaving their IBM i systems vulnerable to cybercrime. In this on-demand webinar, IBM i security experts Robin Tatam and Sandi Moore will reveal:

  • FORTRA Disaster protection is vital to every business. Yet, it often consists of patched together procedures that are prone to error. From automatic backups to data encryption to media management, Robot automates the routine (yet often complex) tasks of iSeries backup and recovery, saving you time and money and making the process safer and more reliable. Automate your backups with the Robot Backup and Recovery Solution. Key features include:

  • FORTRAManaging messages on your IBM i can be more than a full-time job if you have to do it manually. Messages need a response and resources must be monitored—often over multiple systems and across platforms. How can you be sure you won’t miss important system events? Automate your message center with the Robot Message Management Solution. Key features include:

  • FORTRAThe thought of printing, distributing, and storing iSeries reports manually may reduce you to tears. Paper and labor costs associated with report generation can spiral out of control. Mountains of paper threaten to swamp your files. Robot automates report bursting, distribution, bundling, and archiving, and offers secure, selective online report viewing. Manage your reports with the Robot Report Management Solution. Key features include:

  • FORTRAFor over 30 years, Robot has been a leader in systems management for IBM i. With batch job creation and scheduling at its core, the Robot Job Scheduling Solution reduces the opportunity for human error and helps you maintain service levels, automating even the biggest, most complex runbooks. Manage your job schedule with the Robot Job Scheduling Solution. Key features include:

  • LANSA Business users want new applications now. Market and regulatory pressures require faster application updates and delivery into production. Your IBM i developers may be approaching retirement, and you see no sure way to fill their positions with experienced developers. In addition, you may be caught between maintaining your existing applications and the uncertainty of moving to something new.

  • LANSAWhen it comes to creating your business applications, there are hundreds of coding platforms and programming languages to choose from. These options range from very complex traditional programming languages to Low-Code platforms where sometimes no traditional coding experience is needed. Download our whitepaper, The Power of Writing Code in a Low-Code Solution, and:

  • LANSASupply Chain is becoming increasingly complex and unpredictable. From raw materials for manufacturing to food supply chains, the journey from source to production to delivery to consumers is marred with inefficiencies, manual processes, shortages, recalls, counterfeits, and scandals. In this webinar, we discuss how:

  • The MC Resource Centers bring you the widest selection of white papers, trial software, and on-demand webcasts for you to choose from. >> Review the list of White Papers, Trial Software or On-Demand Webcast at the MC Press Resource Center. >> Add the items to yru Cart and complet he checkout process and submit

  • Profound Logic Have you been wondering about Node.js? Our free Node.js Webinar Series takes you from total beginner to creating a fully-functional IBM i Node.js business application.

  • SB Profound WC 5536Join us for this hour-long webcast that will explore:

  • Fortra IT managers hoping to find new IBM i talent are discovering that the pool of experienced RPG programmers and operators or administrators with intimate knowledge of the operating system and the applications that run on it is small. This begs the question: How will you manage the platform that supports such a big part of your business? This guide offers strategies and software suggestions to help you plan IT staffing and resources and smooth the transition after your AS/400 talent retires. Read on to learn: