-----Original Message-----
From: IBM Mainframe Discussion List [mailto:[EMAIL PROTECTED] On
Behalf Of Tom Marchant
Sent: Tuesday, December 12, 2006 8:29 AM
To: IBM-MAIN@BAMA.UA.EDU
Subject: Re: IBM sues maker of Intel-based Mainframe clones

On Tue, 12 Dec 2006 08:55:44 -0500, Thompson, Steve (SCI TW) wrote:

>
>If the PCMs were forced out of the industry by actions taken by IBM,
>then the counter claim by PSI may prevail in a very big way.
>Particularly with a Democratically controlled White House in the USofA.
>

ITYM congress, but what does that have to do with a civil suit?
<snip>

I was referring to PSI asserting anti-trust. It is not that this would
trump IBM's patent claims, but might mitigate them if IBM were making it
too difficult to license. It would also cause IBM problems if they were
to license the patents but IBM then refuses to allow z/OS (or z/VM or
z/VSE) to run on other than IBM hardware.

And then there is the history of having its hand slapped [IBM] for this
behavior in the past. IBM would have an uphill battle in proving the
anti-trust claim is invalid because of past problems in light of two new
PCM wannabes that get stopped from expanding, after all the other
competition to IBM's mainframe systems went away.

But again, I am not a lawyer. I am only looking at this from a
historical viewpoint.

Later,
Steve Thompson

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