IBM在欧盟面临另一场大型诉讼
IBM faces another mainframe complaint in EuropeNeon Enterprise Software may file an anticompetitive complaint against IBM with the European Commission
FROM:http://www.networkworld.com/news/2010/062410-ibm-faces-another-mainframe-complaint.html
Neon Enterprise Software on Thursday said it plans to file a mainframe-related complaint against IBM with the European Commission, compounding the IT giant's mounting regulatory issues in Europe.
Neon, which makes software for mainframe computers, said the complaint is connected with IBM's "on-going anticompetitive and abusive conduct" in the mainframe business. The company did not comment on when it would file the complaint.
IBM has already been slapped with three mainframe antitrust complaints in Europe from TurboHercules, PSI and T3 Technologies. In March, TurboHercules, a mainframe software company in France, filed a complaint with the Commission in which it said that IBM ties its OS with mainframe hardware, which freezes out smaller competitors.
IBM has not yet received any complaint, wrote Steve Eisenstadt, an IBM spokesman, in an e-mail.
"IBM strongly believes Neon's product offers no innovation," Eisenstadt wrote, adding that Neon's motivation is to profit from the "billions of dollars" IBM has invested in mainframes in the past 10 years.
The "copycat" companies are attempting to mimic the functionality of IBM's mainframe servers, and in doing so, are violating IBM's intellectual property, Eisenstadt wrote. IBM will vigorously protect investments in its mainframe technologies, Eisenstadt wrote.
In October, the U.S. Department of Justice initiated a preliminary investigation related to allegations of IBM's dominant behavior in the mainframe computer market.
Neon makes the zPrime software, which the company says can reduce operating costs by shifting mainframe computing tasks to IBM's zAAP and zIIP specialty mainframe processors. IBM introduced specialty processors (SPs) in mainframes to divert certain workloads from the central processor, and customers don't pay software licensing fees to use those SPs.
The companies have already exchanged legal barbs over zPrime and its functionality. Neon has accused IBM of unlawfully trying to maintain dominance in processing of workloads on IBM's mainframe computers, while IBM accusing Neon of hijacking its intellectual property.
In December Neon filed a lawsuit in the U.S. District Court for the Western District of Texas, accusing IBM of unlawfully interfering in the customers' purchase of zPrime.
According to Neon, IBM told its mainframe customers in a letter that "the use of zPrime will cause Neon's customers to become obligated -- contrary to IBM's original promises to customers that purchased SPs - to pay software license fees for workloads shifted to SPs." IBM's claim is false, Neon said.
IBM filed a counter-claim to Neon's suit in January, accusing Neon of building zPrime in a way to misappropriate IBM's intellectual property.
The IDG News Service is a Network World affiliate.
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About NEONNEON
Enterprise Software is the mainframe expert for mission-critical business data around the world. NEON solutions substantially lower the cost of mainframe computing, enabling organizations to gain control of IT resources that are vital to business success.
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Our Technology
NEON creates advanced solutions for mainframe customers. We are committed to being the technology leader in every product we produce. The NEON zPrime? product leverages the latest mainframe technology, specialty processors, to substantially reduce mainframe total cost of ownership (TCO). The NEON IMS and DB2 offerings improve database availability, capacity management and processing efficiencies, enabling our customers to meet SLA requirements without straining their budgets.
Our Company
Founded in 1995 to focus exclusively on mainframe solutions, NEON is a privately held company headquartered in Sugar Land, Texas. It is owned by John Moores Sr. and the company's employees. NEON continues its ongoing investment in research and development, improving existing products and creating new products for the mainframe.
Our Vision:
NEON believes in the future of mainframe computing and understands that the mainframe will continue to play a vital role for major corporations worldwide. NEON understands the need for innovation by the mainframe community, and we focus on the needs of mainframe customers who seek new solutions to enhance 24x7 availability, automate existing processes, and reduce the total cost of computing. We are committed to being the technology leader in every product we produce.
An Experienced and Dedicated Team
NEON offers experienced and knowledgeable mainframe expertise at every level of the organization: from executive management, to research and development, to sales and support. Our product authors are known industry-wide as experts in their respective fields, having developed or contributed to the development of many breakthrough mainframe productsóincluding IMS and DB2.
To find out how NEON can help improve performance and lower the costs of mainframe computing, contact NEON at 1.888.338.6366.。