BMC patented the 3270 datastream compression process in their early 
product for compressing CICS inbound and outbound streams.  When Duquesne 
Systems TPX product had the same functionality but was not a "compression 
product" per se, they did not sue.  When the same code was used to build a 
stand-alone compression product, they sued. [I can't remember if this was 
before or after the creation of Legent.]

By the time the techies were cut off from the discussion, all claims for 
the patent had been tossed as prior art.  A whole new set of claims were 
made.  Never did find out the outcome, other than the lawyers made a lot 
of money -- as always.  Software patents are another way to keep lawyers 
enployed. "Going to court is losing a cow for the sake of a chicken."

One thing I always wondered:  TPX had the ability to have mulitple 
"personalities".  (I added the "batch" one and several others.)  Was the 
reason a separate code cut was taken for the compression product to keep 
TPX out of the law suit?

IBM Mainframe Discussion List <[email protected]> wrote on 12/12/2006 
01:15:53 PM:

> I patented a data compression process, and I saw how the sausage was 
made
> at the patent office. For many reasons, I think patenting software is a
> very bad idea. I think copyright protections are stronger and easier to
> enforce. Software patents are mostly for Public Relations and marketing.


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