In some ways, this makes me think of Apple's OS X. The EULA states that you cannot install it on non-Apple hardware. But that's about it. You can't "easily" install OS X on a regular PC because PC's use BIOS and all Macs use a much more modern EFI. Simply emulating an EFI layer on top of your BIOS will allow OS X to boot.
IBM enforces their "EULA" by distributing their software in a way that uses your CPU serial and a license, renewed every year (or so). In addition, they refuse to sell you the software if your CPU serial number is not one that belongs to their mainframe product line. That's where you cross the thresh-hold and step into anti-trust territory. They have a 95-99% market share if I had to guess. This licensing policy is the difference between keeping that 95-99% market share and being forced to compete with these other companies, at least in terms of the hardware costs. It's not the end of the world, but I'm sure some salesmen are aghast at the idea of having to drive a mere Audi to work instead of a BMW. If they lose the margins on their sales, what will the Johnsons think? They just installed a walk-in BBQ pit and we're still using gas. For shame, government regulators. For shame. All that schmoozing to get an MBA and now you might as well just tear it up. Scott On Tue, Oct 20, 2009 at 7:05 AM, Scott Rowe <scott.r...@joann.com> wrote: > I think it's time to get the horse back in front of the cart. IANAL, but > I think the first thing that need to be done is define the market that has > allegedly been monopolized. I don't know if (legally) it is proper to > define the market as "IBM compatible mainframes", that sounds a little too > restrictive. You can define almost any company as a monopoly if you define > the market restrictive enough. > > In the 50's and 60's it was easy, IBM dominated the tabulating and computer > industries as a whole, which is certainly not the case today. > > >>> "Thompson, Steve" <steve_thomp...@stercomm.com> 10/19/2009 4:42 PM >>> > -----Original Message----- > From: IBM Mainframe Discussion List [mailto:ibm-m...@bama.ua.edu] On > Behalf Of Rick Fochtman > Sent: Monday, October 19, 2009 3:08 PM > To: IBM-MAIN@bama.ua.edu > Subject: Re: Fwd: Is There Such a Thing as a Mainframe Monopoly? > > ---------------------------------<snip>------------------------------- > Who else produces mainframes???????? What is the market share of the > competition /IBM???????? There is your answer. > ---------------------------------<snip>-------------------------------- > IBM's competitors essentially handed a monopoly to IBM when they > announced decisions NOT to implement a 64-bit architecture. So if it is > a monopoly, it's not by IBM's malicious actions. > <SNIP> > > Please tell me what you consider to be malicious actions. > > Would suing a company and then buying them out to keep from losing the > case meet your definition? > > Would refusing to license your software on machines other than what you > produce go toward malicious actions? > > Would refusing to license your software for running on a competitor's > machine, when just a few months earlier you were doing that? > > Enquiring minds would like to know. > > Regards, > Steve Thompson > > -- Opinions expressed by this poster may not reflect those of poster's > employer -- > > ---------------------------------------------------------------------- > For IBM-MAIN subscribe / signoff / archive access instructions, > send email to lists...@bama.ua.edu with the message: GET IBM-MAIN INFO > Search the archives at http://bama.ua.edu/archives/ibm-main.html > > > > CONFIDENTIALITY/EMAIL NOTICE: The material in this transmission contains > confidential and privileged information intended only for the addressee. If > you are not the intended recipient, please be advised that you have received > this material in error and that any forwarding, copying, printing, > distribution, use or disclosure of the material is strictly prohibited. If > you have received this material in error, please (i) do not read it, (ii) > reply to the sender that you received the message in error, and (iii) erase > or destroy the material. Emails are not secure and can be intercepted, > amended, lost or destroyed, or contain viruses. You are deemed to have > accepted these risks if you communicate with us by email. Thank you. > > > ---------------------------------------------------------------------- > For IBM-MAIN subscribe / signoff / archive access instructions, > send email to lists...@bama.ua.edu with the message: GET IBM-MAIN INFO > Search the archives at http://bama.ua.edu/archives/ibm-main.html > ---------------------------------------------------------------------- For IBM-MAIN subscribe / signoff / archive access instructions, send email to lists...@bama.ua.edu with the message: GET IBM-MAIN INFO Search the archives at http://bama.ua.edu/archives/ibm-main.html
