-----Original Message----- From: IBM Mainframe Discussion List [mailto:[EMAIL PROTECTED] On Behalf Of Ed Gould Sent: Friday, December 21, 2007 1:38 PM To: [email protected] Subject: Re: It keeps getting uglier
<SNIPAGE> > Now that Big Blue is pretty much alone in the mainframe processor > market, I'd like to see them release information on what exists today. > With the caveat that any new competition that enters the market would > trigger a renewed round of privacy for any future improvements. Rather > like establishing and publishing a checkpoint. > > Rick, Interesting option there. I briefly browsed through Phil's online copy of the suit. One of the "facts" IBM alleges (IIRC ) or was that PSI (it was a long read) but one of the parties said that IBM made this public at one time and now can't complain someone used this information. I think I am saying that correctly. So if they win (PSI), IBM would *NEVER* say another word again as it might be construed as public information. I think that it would mean the POPS would evaporate overnight. <SNIP> Well, I think this was in reference to certain things that IBM wants to say are confidential today that they did not treat as confidential in prior years. The generally available, you didn't have to have IBM hardware to order it, PoOp was NEVER confidential. To demonstrate this, how many students at college that taught "S/370 Assembly Language" were able to buy the PoOp from their book store (or the Ref Summary). I know I did for S/360. And there was no little NDA that had to be signed before taking possession. The other side of things is, IBM can not claim Trade Secret for things they disclosed in a Patent application. And IBM knows that they better file for patents to keep from having someone else file for a patent, have a priority date ahead of them, and have to pay royalties for their Trade Secret stuff once it is found they are violating a patent. But, since I am not an IP attorney (for that matter, I have no formal legal training or have I taken the bar -- I've only sat at one here and there....), you may find that I have not correctly stated some of the problems here. Just my Friday ramblings and observations. Regards, Steve Thompson -- All opinions expressed by me are my own and may not necessarily reflect those of my 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
