On Tuesday, 12/05/2006 Tom Conley wrote:
> Don't forget that IBM no longer has the consent decree hanging over 
their 
> head, so they can raise this lawsuit without fear of an anti-trust 
violation 
> (although the story alleged that PSI threatened IBM with an anti-trust 
suit 
> if IBM didn't back off).  IBM apparently has no misgivings about 
anti-trust 
> litigation (and with a Republican Justice department, who can blame 
them?). 
> All this spells disaster for the little guy, and I think IBM is actually 

> shooting itself in the foot trying to become the only z/OS-capable 
hardware 
> vendor.  We'll know the answer in the next 25 years.

<disclaimer>
I have no personal knowledge of the details of this lawsuit.  There are no 
subtle hints buried here.
</disclaimer>

Companies threaten each other all the time.  That's how progress is made. 
:-)  But anti-trust is a far cry from intellectual property protection. 
IMO, a company has every right to protect its patents, doesn't it?

"Anti-trust" implies an *unfair* control of the market.  It isn't clear to 
me that preventing patent infringement would be unfair.  If that were the 
case, there would be no incentive to have patents in the first place. 
Licenses to them are bargaining chips in B2B relationships, whether 
exchanged for licenses to others' patents or for cash.

The licensing of patents is part of IBM's business model.  This is 
discussed in good detail in the 2005 Annual Report (
ftp://ftp.software.ibm.com/annualreport/2005/2005_ibm_annual.pdf).  As an 
IBM stockholder, I really do hope they don't allow someone else to 
duplicate or use patented technology for their financial benefit without 
compensation.  If they derive a benefit, then so, too, should IBM.  I 
expect the same of every company I invest in; *I* expect them to protect 
*my* investment.  And if licensing the technology to someone else would 
hurt more than it would help, then I see no compelling reason to license 
it.

Alan Altmark
Speaking for himself
"My comments do not necessarily represent those of the International 
Business Machines Corporation."

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