In a message dated 4/18/2007 1:23:58 P.M. Central Daylight Time,  
[EMAIL PROTECTED] writes:
>41.
>Beginning with IBM's introduction in 1964 of its S/360 line of  mainframe 
computers and operating systems, and continuing with subsequent  model 
lines, IBM freely and broadly disseminated the architecture  specifications 
of its 
mainframe computers and operating systems. Customers,  competitors, and 
other third-party software and hardware developers used the  information 
disseminated by IBM to create software and hardware products  designed 
specifically for use with IBM's mainframe computers and operating  systems.
>Denied.




>How they can deny the POO (Amdahl and PSI term), I'll never  know.
 
You have to know how to parse in Legalese.
1st sentence - "freely and broadly" are not defined sufficiently.   
"architecture specifications" could be interpreted by IBM to mean the microchip 
 design 
of their instruction processing units, memory units, etc.  They  might even 
claim that IBM did not introduce their S/360 line until 1965, and  merely 
"announced" in 1964.  This would introduce a factual error into the  sentence 
with 
which they could not possibly agree.
2nd sentence - "designed specifically" how can IBM possibly know how or why  
a competitor did anything or for what purpose they intended a  product?  
Perhaps the competitors designed their products as general  purpose computers 
for 
several markets, only one of which was IBM's mainframe  computers and operating 
systems.  The fact that such products were used  only with IBM's mainframe 
computers and operating systems does not prove that  they could not be used 
with 
other vendors' computers and operating  systems.  This is like trying to 
prove a negative.
It seems to me that paragraph 41 is a key argument to which IBM will never  
admit.  In that case, they will invent an innumerable number of legal  nuances 
and subterfuges to obfuscate that which was obvious to those of us  with 
common sense and who were involved with mainframe computers back in those  
days.  
Their dissemination sure looked free and broad to me at the  time.  
Obfuscation, smoke, and mirrors are corporate lawyers' best  specialty.
 
Bill  Fairchild
Plainfield, IL



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