Your point is valid, but WHY would IBM want to shut out this part of the
market?  One of the big things I keep hearing/reading is that there are
concerns that not enough mainframe-trained students are coming out of
colleges or trade schools and into the job market.  The small-platform
mainframe would erase that shortage, because schools could actually use
low-cost processors to train students how to program/operate/secure their
commercial big brothers.  It also keeps smaller developers from creating
innovative software for the mainframe platform.  

How does restricting the marketplace like this HELP Big Blue?  Because so
far, I've not seen a convincing argument for that case, despite the fact
that it seems to be the core thrust of IBM's actions.


-----Original Message-----
From: IBM Mainframe Discussion List [mailto:[EMAIL PROTECTED] On Behalf
Of John P. Baker
Sent: Monday, December 31, 2007 09:44
To: [email protected]
Subject: Re: It keeps getting uglier

All R&D is paid for by the consumer in the end.  So what?

IBM has not made hardware or software unavailable.  US patent law provides
for a term of exclusivity.  IBM is enforcing the legitimate rights afforded
to then under US patent law.

You seem to suggest that if an invention is of great benefit to society the
rights of the patent holder should be held null and void.

The founding fathers felt differently, and more than 200 years of
jurisprudence have upheld that difference of opinion.

Inventors are granted a "limited" time during which they retain exclusive
rights to their invention, regardless of what society may think about it.
Otherwise, what would be the purpose?

Under your scenario, if I come up with a new invention which is of great
benefit to society, then society should have the right to take it, give it
to other (cheaper) manufacturers, and leave me out in the cold.

IBM is well within its rights to deny PSI access to its 64-bit patents
during the term of exclusivity, which in the US in currently 20 years.

You may not like IBM's enforcement of its patent rights, but that does not
make their actions illegal.

John P. Baker

-----Original Message-----
From: IBM Mainframe Discussion List [mailto:[EMAIL PROTECTED] On Behalf
Of Roger Bowler
Sent: Monday, December 31, 2007 5:14 AM
To: [email protected]
Subject: Re: It keeps getting uglier

The money which IBM spent on R&D came from the sales of mainframe computers
to the companies which run the banking, transportation, manufacturing, and
administrative systems which we all rely on. The revenues of those companies
comes from the users of those systems. IBM didn't pay for the R&D. We did.

S/390-based technology is critical to the functioning of our society. IBM
does not have the right to keep society-critical technology secret, nor to
hold society to ransom by preventing competitors from producing compatible
systems.

We have a right to expect that the hardware and software to drive these
critical systems will always remain available. A competitive marketplace
with a choice of suppliers is the way to ensure that the continued
availability of mainframe technology is not dependent on the short-term
interests of IBM profitability.

For many years I trusted IBM to honour its obligations to society. Recent
events led me to believe that this trust was misplaced. When IBM pulled the
rug out from under the independent software vendors in the autumn of 2006,
because the emulation technology in their IBM-supplied development systems
got in the way of the IBM vs PSI litigation, it showed that however
benevolent IBM may appear to be, in the end IBM's interests override those
of the customer.

Ref: http://www.tech-news.com/another/ap200703b.html
Ref: http://www.tech-news.com/another/ap200704b.html

Regards,
Roger Bowler
http://perso.wanadoo.fr/rbowler
Hercules "the people's mainframe"

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