Do you get the error every time you try to do the open? If yes, are you sure that the IP of the instrument is set correctly? Is the instrument on the same sub-net as your computer? If not,, you should make it so. Also, if you haven't connected the instrument to its own network card, you may be having a conflict with another computer on the network.
One last thing, the way I've connected to instruments with an ethernet port is to use VISA. Recent versions support TCP/IP and that way I've been able to use MAX to debug communications with the instrument and use the VISA instrument driver with no modifications.