Re: damages

Paul,
The court won't demand anything, nor will any laws require any specific 
remedy.  You will be in violation of rights reserved to IBM for their 
property.  They will file a tort or damage claim against you, and most 
likely insist you cease using their property.  There is no requirement 
that they have anything else to do with you.

And the tort claim will probably require that you and whoever gave you 
the ill gotten media compensate them for damages, trebled.

Also, note that when you say, "well I won't cooperate", what happens is 
that IBM files a subpoena, or a request for a court order.  Since it 
will most likely be totally in order to grant that the judge will sign 
it.  What happens next is that state or federal marshals show up and 
tell you to disclose information, etc. as well as the identity of 
whoever helped you.  If you have a lack of recollection, they will haul 
you to jail for contempt of court until you recall what the case it.

The speed at which this all takes place can vary, but the idea that you 
put forth, probably won't happen, my scenario in some way will.

In other countries than the US YMMV, but possibly similar processes 
exist to persuade you comply with IBM's requests in court or to proper 
authority.

Jim

On 6/26/2010 4:39 PM, kerravon86 wrote:
>
> There's another potential option.
>
> Simply use a bootleg z/OS.
>
> In court etc, IBM is required to show damages. That
> is the point at which you can effectively buy z/OS.
>
> The court will probably even demand that you get a
> proper licence, at which point you can say "um, does
> that mean IBM is required to sell it to me?". Then
> you've effectively got a court order in your favour.
>
> There's a reasonable chance that IBM will be hauled
> over the coals for predatory practices in the whole
> process anyway.
>
> Again, usual disclaimer about not being a lawyer.
>
> BFN. Paul.
>



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