Gartner wins in ZL lawsuit: but is it a pyrrhic victory?

Just in. ZL lost in its lawsuit over Gartner Magic Quadrants. It has issued this statement:

"ZL believes that Gartner’s overwhelming influence on large corporations’ purchasing decisions, and its inaccurate ratings, including its bias in favor of large vendors, combine to pose major competitive hurdles that hurt smaller innovative vendors across all technology sectors.  The harm falls not only on new and innovative companies like ZL, but on the enterprise customers who receive faulty purchasing advice, and as a result overspend on inferior technology.

While we are disappointed that the court has dismissed our lawsuit as filed, we are pleased that it has given us leave to amend our complaint, over Gartner opposition. We believe the market should take note that the defense on which Gartner prevailed was its argument that its reports contain “pure opinions,” namely, opinions which are not based on objective facts.  In ZL’s view, that is directly contrary to the statements Gartner makes to its customers when selling its allegedly sound research. ZL intends to amend its complaint and refile within 30 days."

It looks as though this one has at least one more round to go.