TIBCO SUES SONIC SOFTWARE OVER BENCHMARK TEST OF RIVAL JMS MESSAGING MIDDLEWARE PRODUCTS

TIBCO initiated a legal proceeding against Sonic Software to use the court system to obtain a "temporary restraining order," or TRO, requiring that Sonic Software discontinues distribution of a white paper documenting comparative product performance. Tibco claims that Sonic’s use of Tibco’s Enterprise for JMS software and subsequent publication of the white paper violates the terms of their license agreement, and that the white paper results are false and misleading. Sonic not only intends to challenge those claims, but
stands by the findings in the white paper – which is still available on the Sonic web site where it has been available since June 16.

The white paper prepared by Jahming Technologies was commissioned by Sonic Software and compares the capabilities of Sonic’s SonicMQ and Tibco’s Enterprise for JMS.

Sonic Software and Tibco compete particularly in the financial services sector.
Sonic has previously published benchmark results in comparison to IBM MQ Series which did not result in litigation – IBM chose to comment on those tests on its web site.

On Friday, August, 29th, TIBCO attempted to use the California state court to obtain the TRO, and Sonic successfully challenged that move. The case has subsequently been ‘removed’ from the state court system. The matter will be considered in a federal court in California within the next few weeks.

In addition to challenging the pending legal action, Sonic is also challenging the software industry to remove license restrictions on comparative product evaluation and the publication of those findings. Effective with the release of SonicMQ 5.0.2 in September, Sonic is making specific changes to its own product licensing language in this regard.