March 23, 2009

Rivals Say I.B.M. Stifles Competition to Mainframes
By ASHLEE VANCE
NY Times

http://www.nytimes.com/2009/03/23/technology/companies/23mainframe.html?ref=technology&pagewanted=print


MOUNTAIN VIEW, Calif. — I.B.M. has dominated the mainframe computer 
business since the category was created four decades ago. And it still gets 
about one-quarter of its $100 billion in annual revenue from sales, 
software, services and financing related to the machines.

So when an upstart, Platform Solutions in Sunnyvale, Calif., developed 
software that turned standard servers into systems that mimicked I.B.M.’s 
expensive mainframes, Big Blue fought back. After legal action failed to 
fend off the pipsqueak, I.B.M. resorted to a bear hug: it bought Platform 
in July for $150 million. And then it promptly terminated the innovative 
product.

Despite eliminating the Platform threat, I.B.M. still faces the wrath of 
many in the computer industry. The Computer and Communications Industry 
Association, a trade group backed by the likes of Google, Oracle and 
Microsoft, described the Platform deal as “a clear attempt by I.B.M. to 
purchase a company solely to foreclose competition in the mainframe 
marketplace, protecting its cash cow at the expense of consumers.”

And T3 Technologies, a small company that resold Platform’s products and 
was devastated by I.B.M.’s move, has filed an antitrust complaint against 
I.B.M. with regulators at the European Commission.

Platform was not the only potential competitor that drew I.B.M.’s fire. At 
the same time that it sued Platform, I.B.M. declined to renew a patent 
license with Fundamental Software, which also made mainframe emulation 
software. As a result, Fundamental sits in limbo with a once-popular 
product it cannot sell, hoping that I.B.M. will change its stance.

Also, in 2007, QSGI, which refurbishes mainframes, complained about 
enduring “anticompetitive” practices that blocked it from aiding customers 
and said the company might exit the business. It now refuses to discuss the 
mainframe business publicly, according to a spokesman.

In a paper commissioned by Microsoft examining the alternative mainframe 
technologies, Walter F. Tichy, a professor of computer science at the 
University of Karlsruhe in Germany, concluded that, as a result of I.B.M.’s 
actions, “customers have been denied the benefits of technological 
innovation and must instead pay above-market prices for I.B.M. mainframe 
solutions and premium wages for a dwindling mainframe workforce.”

I.B.M. said in a statement that it was confident no competition laws have 
been violated.

No stranger to controversies about its clout, I.B.M. agreed in 1956 to an 
antitrust consent decree after a battle with the Justice Department. Long 
since expired — it had to do with accounting machines, not mainframes — the 
decree nevertheless helped companies like Amdahl, Hitachi and Fujitsu sell 
computers that could run I.B.M.’s mainframe software, which they licensed 
from the company.

By the late 1990s, all of the other mainframe makers decided to abandon the 
technology because it was too expensive to keep up with I.B.M.’s custom 
chips and software.

More recently, Sun Microsystems, Hewlett-Packard and Microsoft have made 
mostly unsuccessful attempts to pull mainframe customers away from I.B.M. 
by creating products that handle similar tasks but run on servers.

I.B.M. is now negotiating to buy Sun for about $7 billion, and if the deal 
were to occur, I.B.M. would also gain a monopoly on the key storage systems 
used for mainframes.

Mainframes crunch the data just about every time someone withdraws money 
from an automated teller machine, uses a credit card or buys a product from 
a large retailer.

I.B.M. contends that the continued popularity of mainframes stems from its 
efforts to modernize the systems so that they can run more contemporary 
business software.

However, A. M. Sacconaghi, an analyst at Sanford C. Bernstein & Company, 
suggests that I.B.M. has benefited more from the lack of competition than 
from updated technology.

The growth rate for the amount of mainframe processing power sold each year 
has fallen during the last eight years, undermining I.B.M.’s claims of 
rising interest in the products. I.B.M.’s release of new mainframe systems 
has slowed to every 30 to 36 months from every 18 months or so.

Platform argued that by running emulation technology on standard business 
servers, it had a cheaper, faster alternative that could meet the needs of 
smaller businesses, which had been neglected by I.B.M. The technology let 
customers run mainframe and server programs on the same hardware, meaning 
they could buy less and do more.

“It really was something that the marketplace wanted,” said Ron Hilton, a 
former Amdahl engineer and later the founder and chief technology officer 
of Platform. Early customers included the University of Alabama Medical 
Center, Cascade Natural Gas and Polk County in Iowa.

H.P. liked Platform’s concept, and in 2006, it almost bought the company 
for close to $200 million. Just before the deal was to close, however, it 
fell apart when H.P.’s lawyers discovered letters from I.B.M. stating that 
it would refuse to license its mainframe software to Platform.

I.B.M. sued Platform weeks later, accusing it of infringing on I.B.M.’s 
patents and undermining the company’s immense investment in mainframe 
technology. Platform responded with a countersuit, accusing I.B.M. of 
seeking to eliminate choice in the mainframe market.

It later complained to the European Commission about I.B.M.’s alleged abuse 
of its dominant position in the mainframe market. Platform’s lawyers 
considered Europe a more likely place for a legal victory, since regulators 
there tend to have more sympathy for antitrust complaints.

Unable to sell products without an I.B.M. software license, Platform fired 
most of its staff, keeping five people to pursue the litigation. In 
November 2007, Platform got a jolt of cash when Microsoft joined Platform’s 
existing investors, including Intel Capital and Goldman Sachs, to put $37 
million more into the company, allowing it to rehire staff and work on a 
fresh product.

But as the legal proceedings dragged on, Platform’s investors grew weary. 
“We were six to nine months from getting a new product to market,” Gregory 
Handschuh, the former general counsel at Platform, recalled. “The investors 
just didn’t have the stomach for fighting a very difficult case.”

I.B.M., meanwhile, did not want to risk a lengthy European antitrust 
investigation, Mr. Handschuh said.

I.B.M. maintains that it bought Platform for the company’s technology and 
talent, not to kill a competitive product.

Platform’s engineers had explored ways to speed the flow of data between 
other computers and a mainframe, adding horsepower to jobs like encryption 
or data analysis. They also had a view of how they could extend these 
designs to include other accelerators, like I.B.M.’s Cell chip.

“It was at a point where we could gain time to market with the technology, 
and that means money,” said Mark Anzani, the chief technology officer for 
I.B.M.’s mainframe business.

While Platform has disappeared, its fight against I.B.M. lives on in a 
modified form. T3, the biggest packager of Platform’s technology, is 
carrying on the battle with financial support from Microsoft.

In January, T3 presented the European Commission with yet another complaint 
asserting that I.B.M. had abused a monopoly position in the mainframe market.

“You can just be pushed around by a schoolyard bully, or you can fight them 
and stand up for what you believe is right,” said T3’s president, Steven 
Friedman. “We still want to provide an option for the mainframe marketplace.”


=================================================
George Antunes                    Voice (713) 743-3923
Associate Professor               Fax   (713) 743-3927
Political Science                    Internet: antunes at uh dot edu
University of Houston
Houston, TX 77204-3011         

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