Hmmm. Well, first of all, T3 isn't suing anyone. Not yet, anyway. If its motion is granted on 11 January ...
And it was IBM that started the whole business. Secondly, appealing to Sam Palmisano is a complete waste of time. An IBM CEO very rarely interferes with a strategy already agreed with a subordinate, and in my judgement SP is even less likely to do so than most. One reason - and far from the only one - is that the executive(s) actually in charge of zSeries are already executing against an agreed plan and messing with it mid-flight would give them an excuse opportunity. More than most, he has a reputation as a numbers man. Thirdly, there's no business case. Fourthly, I would avoid ALL references to Hercules in any message to IBM. IBM has already formally stated its position. Making it MUCH worse is PSI's response to paragraph 34 of IBM's Amended Complaint, identifying Hercules as a source of information that IBM alleges to be trade secret. Paragraphs 38ff are crucial - it has been suggested that these diagnostics, and especially Amdahl's architecture validator, were the route by which TIDA/TILA information got into Hercules and thence to both UMX and PSI. Given that PSI has asserted as part of its defence that this information is in Hercules, it would not surprise me one jot if IBM decided to inquire more closely now as to how it got there. -- Phil Payne http://www.isham-research.co.uk +44 7833 654 800 ---------------------------------------------------------------------- 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
