Re: Payments to IBM

"richardpinion" <[email protected]>
Newsgroups gmane.comp.emulators.hercules390.advocacy
Message-ID <[email protected]>
--- In [email protected], "Peter D. Ward" <pdw@m...> 
wrote:
> richardpinion wrote:
> 
> >When your company decided to develop the FLEX/ES software did 
your 
> >company ask IBM for information that allowed you to write your 
> >software?  If the answer to the above question is yes, then is 
this the reason 
> >you pay royalities to IBM?
> >
> 
> Richard,   I believe I've mentioned previously that our patent 
license 
> with IBM is not in consequence of any "how to".
> Given that, what conclusions would you draw?
> 
> PDW

I said I wasn't going to do any more responding, but I would like to 
answer the question you asked me from my first post. 

I don't know how your company originally approached IBM and what 
negotiations took place.  If you were present during those 
negotiations, or have access to the people who were, then you know 
exactly what IBM wanted and why.  With that information you should 
be able to tell the Hercules community if it is breaking the law or 
not.  From my experience with IBM hardware leasing, I know that if I 
lease a piece of their hardware I must return it in its original 
state.  If someone I know says they are leasing IBM equipement and 
they're going to go to a third party for additional memory, I know 
they are breaking their lease agreement (assuming they didn't 
negotiate that in their contract). I can say that with reasonalbe 
certainty.  

So what conclusion can I draw, none.  But you should be able to give 
us some general direction, at least let Mr. Maynard know who your 
company first contacted.


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