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" <[email protected]> 10/19/2009 4:42 PM >>> -----Original Message----- From: IBM Mainframe Discussion List [mailto:[email protected]] On Behalf Of Rick Fochtman Sent: Monday, October 19, 2009 3:08 PM To: [email protected] 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 [email protected] 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 [email protected] with the message: GET IBM-MAIN INFO Search the archives at http://bama.ua.edu/archives/ibm-main.html
