Please stop claiming that text says more than it actually says. The word 
"ordered" does not mean that IBM will actualy pay anything. Given the presence 
of sealed motions, I doubt that anybody on the list is in a posiiion to make 
more than an educated guess about the final outcome. Even with knowledge of all 
the facts in the case predictions would be dicey because of, e.g., excluded 
evidence. The only prediction that I would make is that the appeal process will 
be complicated, expensive and long.


--
Shmuel (Seymour J.) Metz
http://mason.gmu.edu/~smetz3

________________________________________
From: IBM Mainframe Discussion List [IBM-MAIN@LISTSERV.UA.EDU] on behalf of 
Bill Johnson [00000047540adefe-dmarc-requ...@listserv.ua.edu]
Sent: Friday, June 3, 2022 3:48 PM
To: IBM-MAIN@LISTSERV.UA.EDU
Subject: Re: IBM ordered to pay $1.6b to BMC

Saying it will or won’t be overturned is just as silly as insinuating IBM will 
now hand over 1.6 billion at this stage of the proceedings. Yet, the headline 
states and the OP assumes exactly that. Gleefully I might add.


Sent from Yahoo Mail for iPhone


On Friday, June 3, 2022, 3:09 PM, Tony Harminc <t...@harminc.net> wrote:

On Fri, 3 Jun 2022 at 14:16, Charles Mills <charl...@mcn.org> wrote:

> Well, #1 we are a bunch of jailhouse lawyers without even the source 
> documents in front of us. Who knows EXACTLY what IBM agreed, or how it is 
> effectively modified by the operation of law, or what exactly transpired 
> between IBM and AT&T.

Indeed. Anyone who has ever seen a program written by a lawyer may
appreciate this. I have seen a few (mostly but not entirely
spreadsheets), and it just reinforces my thinking that lawyers live in
a "differently logical" world from the rest of us. Many of us here
have all kinds of experience dealing with lawyers and contracts (to
say nothing of personal matters), but that kind of "legal experience"
doesn't make us lawyers or even experts.

Looked at another way, "legal reasoning" is a law school topic of
instruction and study, and is generally the thing that we programmers
take to because it most closely resembles programming, and we like to
think that the law is algorithmic in nature. But legal reasoning is
very far from being "the law", and is actually quite a small part of
the education of a lawyer. Applying it other people's cases to
conclude that this or that judgement is correct or will obviously be
overturned is just silly.

Tony H.

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