Re: Justice Department probing allegations of abuse by IBM in mainframe computer market

2009-10-10 Thread Anne Lynn Wheeler
The following message is a courtesy copy of an article
that has been posted to bit.listserv.ibm-main,alt.folklore.computers as well.


Peter Flass peter_fl...@yahoo.com writes:
 I'd say I'm sure IBM knows what they're doing, but based on what I've
 heard about how the company makes decisions, I doubt it.

 It seems to me that IBM has a lot to gain and not much to lose by
 encouraging companies to support z/OS on smaller boxes.  It's a market
 they don't sell to, so there are probably very few lost sales.
 Letting developers have cheaper systems can only encourage developers.
 Last but not least, letting small customers buy into mainframes
 cheaply will probably encourage them to stick with IBM as they grow.

 Probably some suit in mainframe marketing is afraid he might lose one
 or two sales, and he's not looking at what's good for all of IBM in
 the long term.

re:
http://www.garlic.com/~lynn/2009o.html#29 Justice Department probing 
allegations of abuse by IBM in mainframe computer market

but some of it goes back to the earlier litigation days and clone
processors. somewhat as result of previous litigation, there was the
23jun69 unbundling announcement with starting to charge for software and
services; however the justification was made that kernel software would
still be free.
http://www.garlic.com/~lynn/submain.html#unbundle

recent posts with references to Future System effort:
http://www.garlic.com/~lynn/2009o.html#4 Broken Brancher
http://www.garlic.com/~lynn/2009o.html#10 Microprocessors with Definable 
MIcrocode
http://www.garlic.com/~lynn/2009o.html#11 Microprocessors with Definable 
MIcrocode
http://www.garlic.com/~lynn/2009o.html#12 Calling ::routines in oorexx 4.0
http://www.garlic.com/~lynn/2009o.html#14 Microprocessors with Definable 
MIcrocode

this reference talks about major motivation for FS being clone
controllers.
http://www.ecole.org/Crisis_and_change_1995_1.htm

from above:

IBM tried to react by launching a major project called the 'Future
System' (FS) in the early 1970's. The idea was to get so far ahead
that the competition would never be able to keep up, and to have such
a high level of integration that it would be impossible for
competitors to follow a compatible niche strategy. However, the
project failed because the objectives were too ambitious for the
available technology.  Many of the ideas that were developed were
nevertheless adapted for later generations. Once IBM had acknowledged
this failure, it launched its 'box strategy', which called for
competitiveness with all the different types of compatible
sub-systems. But this proved to be difficult because of IBM's cost
structure and its RD spending, and the strategy only resulted in a
partial narrowing of the price gap between IBM and its rivals.

... snip ...

this reference (from Morris  Fergus book)
http://www.garlic.com/~lynn/2001f.html#33 IBM's VM for the PC c.1984??

makes references to the distraction of FS (which was going to completely
replace 360/370) and allowing 370 hardware  software product pipeline
to go dry ... contributed significantly to allowing clone processors to
gain foothold in the market place (also that the damage of FS failure
resulted in the old culture under Watsons being replaced with sycophancy
and make no waves under Opel and Akers).
http://www.garlic.com/~lynn/submain.html#futuresys

With the rise of clone processors, there was change in decision to not
charge for kernel software ... and my (about to be released) resource
manager was selected for guinea pig ... i got to spend 6 months off  on
with business planning people  lawyers working on policies for kernel
software charging (this was made more complex during the couple years of
transition when there were parts of kernel that were free and parts that
weren't free and possibly complex dependency between free and not free
kernel software). Besides the change to charging for kernel software
(because of rise of clone processors), the later OCO (object code only)
decision was possibly another outcome.

As to clone controllers ... back as undergraduate in the 60s ...  I had
to add ascii/tty terminal support to cp67. I tried to do it in such a
way that it extended the automatic terminal recognition already in
place for 2741  1052. It turned out that I tried to make the 2702
controller do something that it couldn't quite do. This was part of the
motivation for the univ. to launch a clone controller project
... reverse engineer the channel interface, build channel interface
board for Interdata/3 and program the Interdata/3 to emulate 2702.
There was later article blaming four of us for clone controller
business.
http://www.garlic.com/~lynn/subtopic.html#360pcm

Perkin-Elmer acquired Interdata and the box was sold during much of the
70s  80s under the Perkin-Elmer name. Even in the later 90s, I ran into
the boxes at major financial transaction processor datacenter (that was
handling large percentage of the 

Re: Justice Department probing allegations of abuse by IBM in mainframe computer market

2009-10-10 Thread Pommier, Rex R.
Yup, in the same vein, when was the last time you fired up HP-UX on your
MAC (or mainframe), or AIX on your SUN box?  

Rex

-Original Message-
From: IBM Mainframe Discussion List [mailto:ibm-m...@bama.ua.edu] On
Behalf Of P S
Sent: Friday, October 09, 2009 6:42 PM
To: IBM-MAIN@bama.ua.edu
Subject: Re: Justice Department probing allegations of abuse by IBM in
mainframe computer market

On Fri, Oct 9, 2009 at 6:15 PM, Shmuel Metz (Seymour J.)
shmuel+ibm-m...@patriot.net wrote:
 That has nothing to do with whether IBM's licensing policies violated
 antitrust laws. The fact remains that IBM refuses to license, e.g.,
z/OS,
 on competitive systems.

Um. Doh?

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Re: Justice Department probing allegations of abuse by IBM in mainframe computer market

2009-10-10 Thread Anne Lynn Wheeler
The following message is a courtesy copy of an article
that has been posted to bit.listserv.ibm-main,alt.folklore.computers as well.

Anne  Lynn Wheeler l...@garlic.com writes:
 With the rise of clone processors, there was change in decision to not
 charge for kernel software ... and my (about to be released) resource
 manager was selected for guinea pig ... i got to spend 6 months off  on
 with business planning people  lawyers working on policies for kernel
 software charging (this was made more complex during the couple years of
 transition when there were parts of kernel that were free and parts that
 weren't free and possibly complex dependency between free and not free
 kernel software). Besides the change to charging for kernel software
 (because of rise of clone processors), the later OCO (object code only)
 decision was possibly another outcome.

re:
http://www.garlic.com/~lynn/2009o.html#29 Justice Department probing 
allegations of abuse by IBM in mainframe computer market
http://www.garlic.com/~lynn/2009o.html#31 Justice Department probing 
allegations of abuse by IBM in mainframe computer market

one of my hobbies was doing distributions of highly enhanced operating
systems for internal locations. one of the long-term customers was the
HONE system ... providing world-wide online salesmarketing support
(by mid-70s, mainframe orders couldn't even be submitted w/o having
beeing processed by HONE applications)
http://www.garlic.com/~lynn/subtopic.html#hone

so in parallel with resource manager and bunch of other stuff ... I was
also involved in SMP ... and kernels support SMP ... a couple recent
posts
http://www.garlic.com/~lynn/2009o.html#10 Microprocessors with Definable 
Microcode
http://www.garlic.com/~lynn/2009o.html#14 Microprocessors with Definable 
Microcode
http://www.garlic.com/~lynn/2009o.html#17 Broken hardware was Re: Broken 
Brancher

large number of HONE applications were implemented in APL and as a
result HONE was quite CPU intensive. One of first production places for
the (standard 370) SMP support was consolidated US HONE datacenter (part
of one of my internal releases). I've commented before ... that in the
late 70s, The consolidated US hone datacenter was a cluster
(loosely-couple) of SMPs ... possibly the large single-system image
operation in the world at the time.

Now, I had crammed a bunch of stuff into the resource manager product
... that wasn't strictly related to dynamic adaptive resource management
(in fact nearly 90 percent of the code).

Now one of the issues in starting to charge for kernel software ... was
1) initial kernel software to be charge for wouldn't even direct
hardware support, 2) kernel software that was directly required to
support hardware would still be free, and 3) free kernel software
couldn't have as a prerequisite charge for software in order to work.

So the way that SMP hardware support was implemented ... required a
bunch of stuff that I had already released in the (charged for) resource
manager product ... so when the decision was made to release the SMP
support ... there was a problem with requiring the charged for resource
manager in order for SMP support to work (which was violation of the
policies for charged for software). The resolution was to move 90% of
the lines of code out of the charged for resource manager ... into the
free non-charged for kernel software ... allowing for SMP software
support to ship w/o having a dependency on charged for software (the
price charged for the new resource manager stayed the same ... even
tho it was only about 10% of the lines-of-code).

-- 
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Re: Justice Department probing allegations of abuse by IBM in mainframe computer market

2009-10-10 Thread P S
http://www.courthousenews.com/2009/10/09/Judge_Tosses_Antitrust_Lawsuit_Against_IBM.htm
is interesting (even if it does confuse the hardware and the
software); perhaps most interesting is the link at the end, to
http://www.courthousenews.com/2009/10/09/IBM.pdf . This includes some
discussion of what does and does not constitute anti-trust-worthy (pun
intended) action, and is well worth reading for the amatuer lawyers
among us.

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Re: Justice Department probing allegations of abuse by IBM in mainframe computer market

2009-10-09 Thread Shmuel Metz (Seymour J.)
In c648d10634943c4891f7085d0dad806b579d6...@usmbx06.aafes.com, on
10/08/2009
   at 10:07 AM, Elliot, David elli...@aafes.com said:

They'll be discovering steam next. Of course IBM is being unfair to its
competitors. That's what being dominant means.

No, that's not what it means.
 
-- 
 Shmuel (Seymour J.) Metz, SysProg and JOAT
 ISO position; see http://patriot.net/~shmuel/resume/brief.html 
We don't care. We don't have to care, we're Congress.
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Re: Justice Department probing allegations of abuse by IBM in mainframe computer market

2009-10-09 Thread Shmuel Metz (Seymour J.)
In 67954f200910081418h3f651d01qf2ecacd40da6d...@mail.gmail.com, on
10/08/2009
   at 05:18 PM, P S zosw...@gmail.com said:

Sure, but FLEX-ES was fallout from PSI.

That has nothing to do with whether IBM's licensing policies violated
antitrust laws. The fact remains that IBM refuses to license, e.g., z/OS,
on competitive systems.
 
-- 
 Shmuel (Seymour J.) Metz, SysProg and JOAT
 ISO position; see http://patriot.net/~shmuel/resume/brief.html 
We don't care. We don't have to care, we're Congress.
(S877: The Shut up and Eat Your spam act of 2003)

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Re: Justice Department probing allegations of abuse by IBM in mainframe computer market

2009-10-09 Thread Shmuel Metz (Seymour J.)
In 4ace5273.5020...@ync.net, on 10/08/2009
   at 03:58 PM, Rick Fochtman rfocht...@ync.net said:

IIRC, none of IBM's competitors in the mainframe market offer a 64-bit 
machine. What's unfair about providing something your competitors
don't??

Why are you beating your wife?

You're defending IBM against a claim that nobody has made and ignoring the
actual allegations.
 
-- 
 Shmuel (Seymour J.) Metz, SysProg and JOAT
 ISO position; see http://patriot.net/~shmuel/resume/brief.html 
We don't care. We don't have to care, we're Congress.
(S877: The Shut up and Eat Your spam act of 2003)

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Re: Justice Department probing allegations of abuse by IBM in mainframe computer market

2009-10-09 Thread Anne Lynn Wheeler
The following message is a courtesy copy of an article
that has been posted to bit.listserv.ibm-main,alt.folklore.computers as well.


shmuel+ibm-m...@patriot.net (Shmuel Metz  , Seymour J.) writes:
 That has nothing to do with whether IBM's licensing policies violated
 antitrust laws. The fact remains that IBM refuses to license, e.g., z/OS,
 on competitive systems.

major production platform that FLEX sold on was Sequent ... and then IBM
bought Sequent ... and then stopped selling Sequent boxes.

FLEX had sold some on Compaq (later HP) ... but that seemed to be more
for test/development.

Before IBM bought Sequent, we did some consulting for Chen when he was
CTO at Sequent
http://en.wikipedia.org/wiki/Sequent_Computer_Systems

Sequent  FLEX looked at providing FLEX on an Itanium-based Sequent box
... but Itanium then had performance issues and delays.

we had gotten involved with SCI effort before leaving IBM and then
spent some time with various places doing SCI efforts ... including
Sequent
http://en.wikipedia.org/wiki/Scalable_Coherent_Interface

above mentions DG AViiON and Sun using SCI as well as Sequent.  There
was also SGI and Convex. DG  Sequent was 64 four (intel) processor
boards interconnected with SCI (256 Intel processors ).  Convex
(Exemplar) was 64 two (HP RISC) processor boards interconnection with
SCI (128 HP RISC processors).

Much earlier Chen had been at Cray computers and was credited with the
XMP. He then left and formed his own supercomputer company ... with lots
of funding from IBM (which was eventually acquired by Sequent):
http://en.wikipedia.org/wiki/Steve_Chen_%28computer_engineer%29

Sequent ran both NT and Dynix (their enhanced UNIX) system on their
pre-NumaQ intel processor SMPs. The Sequent people in that period
claimed to have done much of the NT SMP scale-up  parallelization work.

-- 
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Re: Justice Department probing allegations of abuse by IBM in mainframe computer market

2009-10-09 Thread P S
On Fri, Oct 9, 2009 at 6:15 PM, Shmuel Metz (Seymour J.)
shmuel+ibm-m...@patriot.net wrote:
 That has nothing to do with whether IBM's licensing policies violated
 antitrust laws. The fact remains that IBM refuses to license, e.g., z/OS,
 on competitive systems.

Um. Doh?

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Re: Justice Department probing allegations of abuse by IBM in mainframe computer market

2009-10-08 Thread Elliot, David
They'll be discovering steam next. Of course IBM is being unfair to its 
competitors. That's what being dominant means.

David Elliot
 
zSeries Software Support

-Original Message-
From: IBM Mainframe Discussion List [mailto:ibm-m...@bama.ua.edu] On Behalf Of 
Edward Jaffe
Sent: Thursday, October 08, 2009 12:39 AM
To: IBM-MAIN@bama.ua.edu
Subject: Justice Department probing allegations of abuse by IBM in mainframe 
computer market

http://finance.yahoo.com/news/Justice-Dept-probing-IBMs-apf-3247734019.html?x=0sec=topStoriespos=4asset=ccode=

-- 
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Phoenix Software International, Inc
5200 W Century Blvd, Suite 800
Los Angeles, CA 90045
310-338-0400 x318
edja...@phoenixsoftware.com
http://www.phoenixsoftware.com/

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Re: Justice Department probing allegations of abuse by IBM in mainframe computer market

2009-10-08 Thread Ron Wells
A  emulating JD probing themselves ... Gov. nothing else better to 
do with your tax money .. LOL



From:
Elliot, David elli...@aafes.com
To:
IBM-MAIN@bama.ua.edu
Date:
10/08/2009 10:07 AM
Subject:
Re: Justice Department probing allegations of abuse by IBM in mainframe 
computer market
Sent by:
IBM Mainframe Discussion List IBM-MAIN@bama.ua.edu



They'll be discovering steam next. Of course IBM is being unfair to its 
competitors. That's what being dominant means.

David Elliot
 
zSeries Software Support

-Original Message-
From: IBM Mainframe Discussion List [mailto:ibm-m...@bama.ua.edu] On 
Behalf Of Edward Jaffe
Sent: Thursday, October 08, 2009 12:39 AM
To: IBM-MAIN@bama.ua.edu
Subject: Justice Department probing allegations of abuse by IBM in 
mainframe computer market

http://finance.yahoo.com/news/Justice-Dept-probing-IBMs-apf-3247734019.html?x=0sec=topStoriespos=4asset=ccode=


-- 
Edward E Jaffe
Phoenix Software International, Inc
5200 W Century Blvd, Suite 800
Los Angeles, CA 90045
310-338-0400 x318
edja...@phoenixsoftware.com
http://www.phoenixsoftware.com/

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Re: Justice Department probing allegations of abuse by IBM in mainframe computer market

2009-10-08 Thread Chase, John
Creating an appearance of 'doing something is always more important
than actually doing something.  The PFC who walked around the compound
with a clipboard in hand escaped many s**t details because he was
obviously doing something already.

-jc-


 -Original Message-
 From: IBM Mainframe Discussion List [mailto:ibm-m...@bama.ua.edu] On
Behalf Of Ron Wells
 Sent: Thursday, October 08, 2009 10:16 AM
 To: IBM-MAIN@bama.ua.edu
 Subject: Re: Justice Department probing allegations of abuse by IBM in
mainframe computer market
 
 A  emulating JD probing themselves ... Gov. nothing else better
to
 do with your tax money .. LOL
 
 
 
 From:
 Elliot, David elli...@aafes.com
 To:
 IBM-MAIN@bama.ua.edu
 Date:
 10/08/2009 10:07 AM
 Subject:
 Re: Justice Department probing allegations of abuse by IBM in
mainframe
 computer market
 Sent by:
 IBM Mainframe Discussion List IBM-MAIN@bama.ua.edu
 
 
 
 They'll be discovering steam next. Of course IBM is being unfair to
its
 competitors. That's what being dominant means.
 
 David Elliot
 
 zSeries Software Support
 
 -Original Message-
 From: IBM Mainframe Discussion List [mailto:ibm-m...@bama.ua.edu] On
 Behalf Of Edward Jaffe
 Sent: Thursday, October 08, 2009 12:39 AM
 To: IBM-MAIN@bama.ua.edu
 Subject: Justice Department probing allegations of abuse by IBM in
 mainframe computer market
 
 http://finance.yahoo.com/news/Justice-Dept-probing-IBMs-apf-
 3247734019.html?x=0sec=topStoriespos=4asset=ccode=
 
 
 --
 Edward E Jaffe
 Phoenix Software International, Inc
 5200 W Century Blvd, Suite 800
 Los Angeles, CA 90045
 310-338-0400 x318
 edja...@phoenixsoftware.com
 http://www.phoenixsoftware.com/
 
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Re: Justice Department probing allegations of abuse by IBM in mainframe computer market

2009-10-08 Thread David Andrews
On Thu, 2009-10-08 at 11:07 -0400, Elliot, David wrote:
 Of course IBM is being unfair to its competitors. That's what being
 dominant means.

Um, no.

A competitor may dominate because s/he has a better product, provides
better services, provides a better price-point... OR has some advantage.

Unfair advantages are actionable.

-- 
David Andrews
A. Duda and Sons, Inc.
david.andr...@duda.com

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Re: Justice Department probing allegations of abuse by IBM in mainframe computer market

2009-10-08 Thread Rick Fochtman

snip-
Creating an appearance of 'doing something is always more important 
than actually doing something. The PFC who walked around the compound 
with a clipboard in hand escaped many s**t details because he was 
obviously doing something already.

--unsnip---
Like me in the Army; walking around with a coil of rope over my shoulder 
so the sergeant would think I was already busy on some mickey-mouse 
detail. :-)


Rick

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Re: Justice Department probing allegations of abuse by IBM in mainframe computer market

2009-10-08 Thread Rick Fochtman

---snip--
Um, no.

A competitor may dominate because s/he has a better product, provides 
better services, provides a better price-point... OR has some advantage.


Unfair advantages are actionable.
---unsnip
IIRC, none of IBM's competitors in the mainframe market offer a 64-bit 
machine. What's unfair about providing something your competitors don't??


Rick

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Re: Justice Department probing allegations of abuse by IBM in mainframe computer market

2009-10-08 Thread Ron Wells
Rick...
totally agree .. politics getting involved again ... someone wants 
something ... $$



From:
Rick Fochtman rfocht...@ync.net
To:
IBM-MAIN@bama.ua.edu
Date:
10/08/2009 03:58 PM
Subject:
Re: Justice Department probing allegations of abuse by IBM in mainframe 
computer market
Sent by:
IBM Mainframe Discussion List IBM-MAIN@bama.ua.edu



---snip--
Um, no.

A competitor may dominate because s/he has a better product, provides 
better services, provides a better price-point... OR has some advantage.

Unfair advantages are actionable.
---unsnip
IIRC, none of IBM's competitors in the mainframe market offer a 64-bit 
machine. What's unfair about providing something your competitors don't??

Rick

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Re: Justice Department probing allegations of abuse by IBM in mainframe computer market

2009-10-08 Thread Chuck Arney
Did you ever hear of FLEX-ES?  They provided a 64-bit machine that IBM
would not let them license to production installations.  They could
license it to developers until IBM decided to not license the patents to
them, so even the developers were cut off.

Chuck Arney
illustro Systems International, LLC
http://www.illustro.com
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Voice: 214-800-8900 X#5562
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 -Original Message-
 From: IBM Mainframe Discussion List [mailto:ibm-m...@bama.ua.edu] On
 Behalf Of Rick Fochtman
 Sent: Thursday, October 08, 2009 3:58 PM
 To: IBM-MAIN@bama.ua.edu
 Subject: Re: Justice Department probing allegations of abuse by IBM in
 mainframe computer market
 
 IIRC, none of IBM's competitors in the mainframe market offer a 64-bit
 machine. What's unfair about providing something your competitors
don't??
 

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Re: Justice Department probing allegations of abuse by IBM in mainframe computer market

2009-10-08 Thread Edward Jaffe

P S wrote:

On Thu, Oct 8, 2009 at 5:10 PM, Chuck Arney car...@illustro.com wrote:
  

Did you ever hear of FLEX-ES?  They provided a 64-bit machine that IBM
would not let them license to production installations.  They could
license it to developers until IBM decided to not license the patents to
them, so even the developers were cut off.



Sure, but FLEX-ES was fallout from PSI. See
http://www.google.com/url?q=http://zjournal.tcipubs.com/issues/zJ.DEC-JAN09.pdfei=m1bOSoPZJaW_twfGzeTzAwsa=Xoi=spellmeleon_resultresnum=2ct=resultusg=AFQjCNHRdgrZ_MV2LtveLUqiF5VtJV2dtA

and http://www.zjournal.com/index.cfm?section=articleaid=773
  


Yup. And, IBM was the bad guy in both cases.

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Phoenix Software International, Inc
5200 W Century Blvd, Suite 800
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310-338-0400 x318
edja...@phoenixsoftware.com
http://www.phoenixsoftware.com/

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Re: Justice Department probing allegations of abuse by IBM in mainframe computer market

2009-10-08 Thread Chuck Arney
So you may be lead to believe.  In the end it makes no difference.  It's
still another 64-bit competitor squished.

Chuck Arney
illustro Systems International, LLC
http://www.illustro.com
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 -Original Message-
 From: IBM Mainframe Discussion List [mailto:ibm-m...@bama.ua.edu] On
 Behalf Of P S
 Sent: Thursday, October 08, 2009 4:19 PM
 To: IBM-MAIN@bama.ua.edu
 Subject: Re: Justice Department probing allegations of abuse by IBM in
 mainframe computer market
 
 
 Sure, but FLEX-ES was fallout from PSI. 

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Re: Justice Department probing allegations of abuse by IBM in mainframe computer market

2009-10-08 Thread P S
On Thu, Oct 8, 2009 at 5:10 PM, Chuck Arney car...@illustro.com wrote:
 Did you ever hear of FLEX-ES?  They provided a 64-bit machine that IBM
 would not let them license to production installations.  They could
 license it to developers until IBM decided to not license the patents to
 them, so even the developers were cut off.

Sure, but FLEX-ES was fallout from PSI. See
http://www.google.com/url?q=http://zjournal.tcipubs.com/issues/zJ.DEC-JAN09.pdfei=m1bOSoPZJaW_twfGzeTzAwsa=Xoi=spellmeleon_resultresnum=2ct=resultusg=AFQjCNHRdgrZ_MV2LtveLUqiF5VtJV2dtA

and http://www.zjournal.com/index.cfm?section=articleaid=773

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Justice Department probing allegations of abuse by IBM in mainframe computer market

2009-10-07 Thread Edward Jaffe

http://finance.yahoo.com/news/Justice-Dept-probing-IBMs-apf-3247734019.html?x=0sec=topStoriespos=4asset=ccode=

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Edward E Jaffe
Phoenix Software International, Inc
5200 W Century Blvd, Suite 800
Los Angeles, CA 90045
310-338-0400 x318
edja...@phoenixsoftware.com
http://www.phoenixsoftware.com/

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