And Herc isn't the only company facing these problems.
Fundamental Software
http://www.funsoft.com/

They used to be an official partner and licensed software and patents from IBM to do something similar with their FLEX-ES software package. Now IBM isn't renewing their license or patents to the company. So not sure what is going on over at IBM Mainframe division, but it sure seems like IBM should be investigated. Because they used to allow one company to do it, now it seems they don't want to allow anyone to do it.

From the article IBM needs to hurry and join the CCIA. With members like microcrap apparently they dont blow the whistle on there own antitrust activities.

They made plug-compatible mainframes competing with IBM in the 1970s and 1980s. Perhaps IBM needs them to get the anti-trust police off their backs...

IBM dominates that market segment, last I checked, Apple wasn't dominant in the OS area (or in the computer HW area)- that is the big (and key) difference.

The concern here is IBM is using it's market dominance to do this, it's not the mere fact of SW being tied to HW.

They've been over-charging S/390 and related applications (TSO & co.) for years.... but only if you didn't own an IBM machine.

Apple will watch this case closely as the implications could affect them as well. If you refuse to allow your OS to run on hardware that isn't yours on the mainframe, how is that any different than the desktop?