They dismissed the original lawsuit without prejudice. Which means they reserve 
the right to refile, often with new claims or dropped claims. Both being true 
in this case.
The basic claim, that the mainframe is old technology and therefore can’t be 
part of “new” technology, the cloud, is ridiculous. Like saying a Tesla isn’t 
new technology because it’s a car. The IBM cloud isn’t all that different than 
non mainframe clouds. And why reinvent the wheel when MQ, DB2, CICS, & IMS can 
be used to access the data?
It appears to me that the participants in the suit are unhappy that IBM stock 
didn’t perform like MSFT, AMZN, or Google. Of course IBM has performed better 
than those 3 in the last year or so. I’ve never invested in IBM but I did buy 
into earnings once and made a few bucks. Actually, you could have made a bundle 
in IBM in the last couple of years buying around 120 and selling around 140. It 
has been in that trough for awhile now. And collecting the dividend.
Lastly, IBM’s revenue has been declining for quite a few years until recently. 
The latest quarter, just released, had the best revenue growth in years.


Sent from Yahoo Mail for iPhone


On Thursday, January 26, 2023, 5:35 PM, Tom Brennan 
<t...@tombrennansoftware.com> wrote:

Or maybe when the article said "similar" they were referring to this:

"The new complaint expands upon the one filed last year while also 
omitting previous allegations that the supposed securities fraud 
allocated revenue for the purpose of maximizing executive bonus 
compensation."

On 1/26/2023 1:37 PM, Bill Johnson wrote:
> Pretty clear.
> Due to the way complex securities litigation works, the firm representing the 
> largest group of investors – Ironworkers Local 580 Joint Fund – took over the 
> handling of the case, then in September, 2022, moved to have the case 
> voluntarily dismissed without prejudice [PDF], meaning the charges could be 
> refiled.
> 
> 
> Sent from Yahoo Mail for iPhone
> 
> 
> On Thursday, January 26, 2023, 4:12 PM, Tom Brennan 
> <t...@tombrennansoftware.com> wrote:
> 
> Then I wonder why they used the word "similar" in the article and not
> "same".
> 
> On 1/26/2023 12:31 PM, Bill Johnson wrote:
>> Same lawsuit refiled. Did you read the entire article?
>>
>>
>> Sent from Yahoo Mail for iPhone
>>
>>
>> On Thursday, January 26, 2023, 3:19 PM, zMan <zedgarhoo...@gmail.com> wrote:
>>
>> IBM top brass accused again of using mainframes to prop up Watson, cloud
>> sales
>>
>> https://www.theregister.com/2023/01/18/ibm_sued_securities_fraud/
>>
>> What has happened to the IBM we knew and loved?!
>>
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