> If I understand the filing, I believe that the difference is that both 
> FLEX-ES and Hercules
are in fact "instruction simulators", whereas PSI was producing an "instruction 
emulator".

You don't understand the filing.

All three are emulators.  Hercules differs only in that it doesn't cache the 
results of its
interpretation for possible future use.  Flex-ES and PSI work in remarkably 
similar ways, both
companies actually using the expression "just in time" or JIT.

It's entirely possible that this similarity is related to a non-disclosure PSI 
had on FSI's
technology back in 1999 - maybe this will not be the last patent infringement 
suit we will
see.

IBM went to considerable lengths in 2004 to work out exactly what the PSI 
machine is - a real
piece of hardware or just another emulator.  It seems to think it walks like a 
duck, too.  PSI
has repeatedly denied that its system was an emulator - they'll now have a 
chance to convince
a court.

It took IBM from 29 March 2004 to 9 August 2004 to grant the licence.  That's a 
fair length of
time - enough for IBM to have determined that it was an emulation system that 
would be
expected to violate the ICA clause?

-- 
  Phil Payne
  http://www.isham-research.co.uk
  +44 7833 654 800

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