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category motion Lawsuit costs IBM With Age Discrimination
ProPublica/mom Jones Investigation Confirms IBM Layoffs centered Older employees
remaining September, IEEE Spectrum said on a class motion lawsuit filed on behalf of three former IBM personnel who boom their firings hold been a portion of a pattern of age discrimination via the business. IBM adamantly refuted the accusations, insisting that any changes in its staff hold been “about capabilities, no longer age.”
however the verity of that statement is being challenged once once more.
This week, four former IBM employees filed swimsuit in a U.S. federal courtroom, claiming that they and others had been fired as a result of age discrimination. although they aren't the first to degree this can charge, their case gifts a unique wrinkle than outdated circumstances. The claimants are trying to find to nullify waivers of their appropriate to collective action in court or arbitration beneath the Age Discrimination in Employment Act (and waivers signed by other former employees) for you to proceed as a category to arbitration. They insist that the court docket should still invalidate the waivers as a result of IBM made them sign a separation agreement with the waiver in it as a situation of receiving severance pay and continuation of fitness supervision merits.
The claimants notice that IBM has discharged greater than 20,000 worker's over the age of 40 during the past six years. What’s greater, says the filing, IBM, as portion of a scheme to cloak a sample of conduct that the fired laborers view as systematic age discrimination, violated the Older people benefit coverage Act. The claimants boom their former agency schemed to preserve its intentions hidden by means of ending the legally mandated follow of offering counsel in regards to the a while of employees who hold been terminated as well as these whose jobs had been spared. This, they say, became intended to uphold IBM carry out discriminatory “resource movements” (IBM’s euphemism for mass firings) with impunity. The claimants additionally boom IBM took the further step of mischaracterizing each of their firings as retirements (with every one receiving a letter signed with the aid of IBM chief executive Ginni Rometty wishing them a contented retirement).
On the facebook page “gazing IBM,” a former employee no longer concerned within the lawsuit weighed in on “resource movements” relish the ones targeted within the court docket filing. in response to him, it became an open clandestine that IBM had an organization-wide policy of changing older workers by course of freshly minted faculty graduates or IBM employees who had been on the job for less than a 12 months or two. “every older worker knew it. I had my most desirable appraisal in 10 years, handed quota, and was informed my job changed into ‘eliminated’ after 35.5 years—however I needed to discipline an additional worker for my job?”
In a statement issued the day of the courtroom submitting, an barrister for the fired IBM laborers referred to, “by course of filing this lawsuit, they are sending IBM the message that its openly lawless and delusive habits should cease now.”
For its part, IBM is unavoidable that the lawsuit will Come to naught, despite a yoke of attempts to disclose that the company has centered older workers. An IBM spokesperson informed IEEE Spectrum that “the plaintiffs’ criminal thought will fail, as equivalent situations have, and we're confident IBM’s agreements are cogent and lawful. IBM does not discriminate, and makes its employment choices in accordance with abilities, no longer age.”
enterprise know-how predominant IBM announced IBM Spectrum offer protection to, a brand unusual information insurance objective application, ensuring facts security in under one hour.
IBM will be offering Spectrum give protection to Plus in two deployment alternatives, either as a stand-alone utility setting up into virtualized environments or as an integrated feature with IBM’s Spectrum protect software. The launch date should be this autumn 2017.
IBM Spectrum protect’s hybrid cloud capabilities can abruptly flux statistics from on-premises again-conclusion storage to public or deepest clouds.
IBM Spectrum protect Plus gives statistics availability the usage of snapshot know-how for backup, healing and records management. It offers statistics clone functionality to uphold and automate DevOps workflows. IBM Spectrum protect Plus has data coverage and monitoring based mostly upon automatic carrier stage Agreements to supply backup reputation and assist retention compliance.
“IBM Spectrum offer protection to Plus is aimed to wield just a few of probably the most crucial facts insurance objective challenges dealing with IT corporations of everyone sizes: Virtualization and recovery Agility. With its SLA-centric design, businesses hold a refreshingly unusual and compelling alternative for up to date records insurance objective and availability,” renowned Jason Buffington, main analyst at the trade manner community.
IBM Spectrum offer protection to Plus provides CIOs a sole view of the backup and healing popularity across the information portfolio and eliminates silos of statistics backup and recovery.
IBM Spectrum give protection to Plus supports senior IT managers (VM and utility directors) to self-serve their information availability without complexity. IBM Spectrum give protection to Plus additionally gives an means to integrate the VM and application backups into the enterprise guidelines of any enterprise.
“devoid of availability information is petite more than an duty. IBM Spectrum offer protection to Plus has been designed for effortless setup, effortless management and simple recovery that places the stress of facts wield and administration the region it has to be for conclusion users,” referred to Ed Walsh, ordinary manager, IBM Storage and software defined Infrastructure.
IBM will start selling Spectrum offer protection to Plus in early this tumble 2017 as a stand-alone product for virtual and cloud ambiance records protection, as well as integration with IBM Spectrum offer protection to.
After long professing the uselessness of information deduplication, IBM has introduced that it's going to integrate the expertise into its application-described Spectrum Virtualize and StorWize storage arrays. This mirrors a circulate through Dell EMC, which currently did the equal for its team spirit and VMax arrays.
After mentioning for some months that information deduplication had petite exercise and that simplest compression turned into crucial in its storage arrays, IBM has introduced that inline deduplication will arrive in Spectrum Virtualize v8.1.3 and in most of its techniques powered by means of that application (previously SAN quantity Controller) firstly of June.
beforehand, the most effectual IBM storage system to contain deduplication in the IBM portfolio has been the FlashSystem A9000, which runs application in accordance with IBM’s XIV know-how.
The list of IBM storage arrays supported comprises FlashSystem V840 and V9000, a portion of the StorWize purview – the V50x0 and up to date v7000 fashions and their all-flash types, by which controllers hold the performance to steer the technology – as smartly as the VersaStack converged platforms.
With records deduplication expertise built-in with Spectrum Virtualize’s code, the 440 techniques that the storage virtualisation platform can uphold will now improvement in some way.
Spectrum Virtualize needs at the very least two controllers, with a preference of servers that contains Lenovo x3650 M5 or nodes from SuperMicro SYS-2028U-TRTP+ and with Xeon E5 v3 or v4.
IBM says no additional software licensing is required to installation records deduplication.
speaking to a colleague from SearchStorage.com, IBM storage advertising director Eric Herzog observed the launch of data deduplication in Spectrum Virtualize and different IBM storage products came with a assure of statistics discount rates of 5:1.
The caveat to that assure is that to advantage, the client should enable IBM to discharge an analysis on its existing datasets. At a minimal, IBM guarantees an “express” discount fee of 2:1 with out prior analysis.Reinforcing cloud analytics equipment
Catching up with the competitors, big Blue has moreover unveiled an more advantageous version of Spectrum manage Storage Insights.
Cloud Storage Insights is aimed at offering counsel for telemetry, planning, monitoring and system health analysis by means of a sole console.
The device is intended to aid clients evaluate their needs when it comes to potential, to control their storage expense purview and simplify techniques.
all the array makers hold collected statistics from set in techniques for some years, but it changed into Nimble, with infoSight, that pioneered the conception of the usage of information amassed to enrich consumer aid and deliver superior analytics on gadget utilization.
considering the fact that then, HPE has prolonged InfoSight to its 3Par arrays, while Dell EMC (Cloud IQ), sheer Storage (Pure1) and NetApp (active IQ) hold launched similar performance.
Cloud Storage Insights supports a number of IBM storage techniques, together with the DS8000, Storwize V5000, V5030F, V7000 and V7000F, FlashSystem 840, 900, V840, V9000, A9000, A9000 and A9000R, Spectrum Virtualize, XIV Gen 3 and VersaStack.
The free version of the carrier helps storage device monitoring of IBM shroud storage, with “name-domestic” movements, 4 measures of capacity, three measures of performance, 24-hour records heritage, event filtering, suffer history and ticket background.
The seasoned edition charges $257 a month per 50TB and adds performance equivalent to monitoring non-IBM storage, as well as file and expostulate storage.
The pro carrier additionally presents more than 35 measures of skill, greater than 100 measures of efficiency, two years of information background, alerts when most desirable exercise is violated, customisable indicators, can charge analysis, tiering optimisation and skill optimisation.enhanced Spectrum Virtualize for the cloud
anyway uphold for information deduplication, IBM has additionally better Spectrum Virtualize on the universal public cloud.
The software made its debut in the cloud in autumn 2017. Its latest version supports deployments as much as 4 virtual pairs and installing is simplified. Bandwidth has stronger with the aid of virtually 20%.
With these improvements, IBM wants to allow consumers to deploy its know-how in the cloud for primary storage or for catastrophe restoration.
IBM has additionally spoke of it is engaged on an supplant to its scale-out file storage Spectrum NAS to permit it to be deployed in VMware digital machines. The product, constructed on Compuverde code, has simplest been supported up to now on actual servers, youngsters that hassle does not apply to the edition bought by Compuverde.
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This is already turning into one nasty, public fight.
On Monday, the newspaper The Tennessean ran an article about Nashville-based Bridgestone Americas, Inc., which is portion of the Japanese firm Bridgestone exhaust and Auto-service Corporation, bringing a US$600 million lawsuit against IBM. Bridgestone alleged in its complaint (pdf) that when the unusual US$75 million plus SAP-based invoicing, accounting, and product delivery system went live in January 2012, it establish "that there were extremely serious defects in the IBM SAP design solution as implemented which Bridgestone had no judgement to anticipate and for which IBM offered no explanation consistent with the purported concerns IBM had raised.”
As a result, the lawsuit states, “Bridgestone has suffered damages in excess of $200,000,000, and continues to suffer damages from injury to its reputation and customer relations.”
The lawsuit, which was filed 29 October, was sealed until recently. While the legal complaint is heavily redacted, in it Bridgestone alleges that IBM engaged in a “pattern of deception, intentional misrepresentation, and concealment” over its capabilities and the actual status of the project risks and problems. For example, Bridgestone states that IBM “assigned individuals, including the chief technical architect for the project, who did not possess the proper knowledge, skill, education, training, experience, technical expertise, and qualifications to discharge the services necessary for the successful design and implementation." The lawsuit moreover says a lot of the toil was outsourced to IBM workers in India and China who possessed less than stellar progress skills and practices.
Bridgestone’s lawsuit alleges: (1) Fraud in the inducement and constrict performance; (2) misrepresentation in trade transactions; (3) constructive fraud; (4) violations of the Tennessee Consumer Protection Act; (5) grievous negligence, and (6) transgression of contract. The company wants a jury trial.
IBM, which has taken a battering over other failed IT implementations, including the Queensland Health payroll fiasco, the Indiana government outsourcing farce which is still unresolved, the Texas government outsourcing debacle, and the recent botched Pennsylvania government system implementation, has Come out swinging. IBM immediately, publicly, and vehemently rejected the claims brought by Bridgestone. IBM gave its side of the memoir Wednesday to trade Insider, claiming in a statement that:
“Bridgestone filed a lawsuit claiming transgression of constrict and fraud against IBM regarding a recent SAP implementation. These claims against IBM are exaggerated, factually wrong and without merit. From the outset of this project, Bridgestone failed to meet critical commitments upon which the performance of IBM’s obligations were predicated.
Ultimately, Bridgestone’s repeated failures had a significant impact on the project’s cost and schedule, and its conclusion to prematurely roll-out the implementation across its entire trade negatively impacted its operations."
Among the claims IBM made were that:
There is a lot longer laundry list of complaints which you can read in the trade Insider piece, but you salvage IBM's gist. Bridgestone, when asked to comment on IBM's statement blaming it for everyone the system's resulting problems, said its only response is contained in the complaint filed with the lawsuit.
A careful reading of Bridgestone’s complaint includes everyone of IBM’s points above and says why the exhaust company thinks those points don’t hold any (legal) water. The redacted proprietary parts of the complaint (which due to someone’s destitute understanding of how to exercise redaction in PDF documents, is easily readable) discusses what appears to be the specific promises by IBM regarding its skills and capabilities, as well as how IBM said it would manage the implementation and any problems that would arise.
Bridgestone in its complaint says that it brought the lawsuit after mediation failed. It moreover indicated that it was during the mediation worry that it establish out “that IBM had been engaged in a course of intentional deception, fraud, and misrepresentation throughout the project.” This seems to attest that some sort of out of court settlement, relish what happened when Avantor brought a lawsuit against IBM a year ago for “reckless indifference" on another bungled SAP project, is not likely.
How much of Bridgestone’s lawsuit will stand is anyone’s guess. Some of the specific allegations in the complaint, many of which comprise IBM’s representations in the redacted bits, could, to my distinctly non-lawyerly eye, be thrown out as IBM merely engaging in puffery over its skills and capabilities. That's what happened when Marin County, Calif., sued Deloitte Consulting for fraud over an SAP project in 2010. Other allegations including IBM's agreement to only exercise personnel possessing the proper expertise and information to carry out the statement of toil may be more promising.
I’ll withhold you updated on the progress of both the lawsuit and public brawl.
Photo: Tomohiro Ohsumi/Bloomberg/Getty Images
High Performance Computing integrator OCF is supporting scientific research at the UK Atomic Weapons Establishment (AWE), with the design, testing and implementation of a unusual HPC cluster and a divide remarkable data storage system.
AWE has been synonymous with science, engineering and technology excellence in uphold of the UK’s nuclear deterrent for more than 60 years. AWE, working to the required Ministry of Defense program, provides and maintains warheads for the Trident nuclear deterrent.
The unusual HPC system is built on IBM’s POWER8 architecture and a divide parallel file system, called Cedar 3, built on IBM Spectrum Scale. In early benchmark testing, Cedar 3 is operating 10 times faster than the previous high-performance storage system at AWE. Both server and storage systems exercise IBM Spectrum Protect for data backup and recovery.
“Our toil to maintain and uphold the Trident missile system is undertaken without actual nuclear testing, which has been the case ever since the UK became a signatory to the Comprehensive Nuclear Test Ban Treaty (CTBT); this creates extraordinary scientific and technical challenges – something we’re tackling head on with OCF,” comments Paul Tomlinson, HPC Operations at AWE. “We rely on cutting-edge science and computational methodologies to verify the safety and effectiveness of the warhead stockpile without conducting live testing. The unusual HPC system will be vital in this ongoing research.”
From the initial design and concept to manufacture and assembly, AWE works across the entire life cycle of warheads through the in-service uphold to decommissioning and disposal, ensuring the maximum safety and protecting national security at everyone times.
The central data storage, Cedar 3, will be in exercise for scientists across the AWE campus, with data replicated across the site.
The toil of AWE is of national second and so its team of scientists exigency complete faith and faith in the HPC and remarkable data systems in exercise behind the scenes, and the people deploying the technology,” says Julian Fielden, managing director, OCF. “Through their partnership with IBM, and the people, skills and expertise of their own team, they hold been able to deliver a system which will enable AWE maintain its vital research,”
The unusual HPC system runs on a suite of IBM POWER8 processor-based Power systems servers running the IBM AIX V7.1 and Red Hat Enterprise Linux operating system. The HPC platform consists of IBM Power E880, IBM Power S824L, IBM Power S812L and IBM Power S822 servers to provide ample processing capability to uphold everyone of AWE’s computational needs and an IBM tape library device to back up computation data.
Cedar 3, AWE’s parallel file system storage, is an IBM Storwize storage system. IBM Spectrum Scale is in exercise to enable AWE to more easily manage data access amongst multiple servers.
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March 28, 2018 Alex Woodie
A serious flaw has been discovered in the BIND networking service that could be used to launch a denial of service assault against impacted servers, including IBM i. IBM patched the flaw in every version of the OS from IBM i 6.1 to 7.3 with a program temporary fix (PTF) made available earlier this month. IBM moreover patched a serious flaw in WebSphere that could let information leak out.
According to the IBM security bulletin issued March 12, the ISC BIND flaw known as CVE-2017-3145 has the potential to allow a remote attacker to crash a vulnerable server by sending an improperly sequenced cleanup operation command to the BIND service. The flaw, which was first discovered in January, carries a CVSS groundwork Score of 7.5 on a scale of one to 10.
BIND is the most widely used Domain name System (DNS) software on the Internet. IBM uses the open source version of BIND, developed and distributed by the Internet Systems Consortium (ISC), in the IBM i OS. unavoidable releases of ISC BIND version 9 are vulnerable to the flaw.
There are no workarounds to this ISC BIND flaw, according to IBM, which issued the following PTFs to fix the flaw:
IBM i 6.1 – SI66815
IBM i 7.1 – SI66814
IBM i 7.2 – SI66813
IBM i 7.3 – SI66812
This was the second flaw in the IBM i ISC BIND implementation that IBM has patched in the past seven months. The company moreover patched a flaw that carried a CVSS groundwork Score of 7.5 back in August.
IBM moreover patched a serious information disclosure flaw in the Apache-powered IBM HTTP Server as used in WebSphere Application Server. According to the March 16 security bulletin, the flaw known as CVE-2017-12613 could allow a remote attacker to obtain sensitive information by using an invalid month sphere value. The flaw, which carried a CVSS groundwork Score of 9.1, could moreover be used to judgement a DOS attack.
That flaw impacts everyone editions of WAS and associated or bundled products from version 7.0 to version 9.0, according to IBM. The fixes for the flaw vary according to what version of WAS a customer is using. IBM has several Interim Fixes available, but permanent fixes aren’t expected to be available for version 7 and version 8 releases until later this year.
This has been an dynamic year on the security front for IBM, which has issued several patches for security flaws in the IBM i operating system, Power Systems firmware, and various middleware products. Many, but not all, of these flaws hold been in open source software that IBM uses, such as cryptographic libraries.
The biggest flaws of the year so far were Meltdown and Spectre, which impacted nearly everyone processor architectures, including Intel X64 and IBM Power. By killing speculative execution functionality from the chips, processing performance has taken a hit, in some cases by up to 20 percent. However, the impact on IBM i servers is expected to be a more modest 5 percent, according to TPM’s analysis.
Other IBM products getting patched recently, according to IBM’s PSIRT Blog, comprise Db2 for LUW, QRadar Network Security, Jazz Team Server, API Connect, trade Process Manager, Rational Performance Tester, Chassis Management Module (CMM), Rational Build Forge, the MQ Appliance, Fabric Manager, Security Network Protection, Tivoli Integrated Portal, and Spectrum Protect, among others.RELATED STORIES
The Performance impact Of Spectre And Meltdown
IBM Patches ‘ROBOT’ Flaw in IBM i Crypto Library
IBM i Gets More PTFs for Meltdown and Spectre
IBM i Vulns Spotted in Node, BIND and HTTP Server
Four Hundred Monitor, March 28 IBM To Resell VTLs With Better fit Than ProtecTIER
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