Software and services vendor Compuware has filed a second lawsuit against IBM, adding charges of libel and unfair competition to an earlier complaint that IBM is plagiarising Compuware's source code and abusing its dominant market position.
Compuware initially sued IBM in March, in the US District Court for the Eastern District of Michigan, for allegedly using Compuware source code in its File Manager and Fault Analyzer tools.
Compuware also said in its complaint that IBM is attempting to crowd ISVs (independent software vendors) out of the market by illegally tying customer purchases of mainframe software tools to purchases of other key IBM software products, steering its services customers to its own products at a cost of fair competition, and denying rival vendors necessary technical information on IBM hardware and software. That case is still pending.
Compuware's latest lawsuit, filed on July 3 in the same court, stems from a June webcast viewed by about 30 IT buyers, said Daniel Johnson, attorney for Compuware, based in Farmington Hills, Michigan. The Webcast included inaccurate comparisons of IBM's products with Compuware's, according to Compuware, with overstatements of Compuware's fees and incorrect comments about Compuware's product line.
"In order to compete with Compuware, IBM has started a campaign claiming that its products are comparable to or better than Compuware products, and that its products are less expensive," Compuware said in its complaint. "Rather than attempt to compete with an honest comparison between its products and Compuware's mainframe software tools, IBM has resorted to disparaging Compuware."
IBM declined to comment on Compuware's lawsuit.
Compuware is seeking a retraction of IBM's comments and treble compensation for damages.