back to article IBM sics lawyers on Bigger Indigo deal

IBM has deployed its lawyers to scrutinize a possible acquisition of Sun Microsystems. The Wall Street Journal has become the unofficial conduit through which details about the acquisition talks - however sketchy - are coming to light. On Friday afternoon, the Journal reported that IBM's lawyers were hard at work looking at all …

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  1. jake Silver badge

    Dreamers, gotta love 'em :-)

    "We could see the two companies, with their very different engineering cultures, spawn a new age of innovative IT."

    Oh, yeah, like that is going to happen ... It has never happened before, ever, in the history of big companies merging, but THIS time, it might! Oh, yeah, it might! You just wait, you'll see!

    ::sighs::

    Hopefully Sun can stay independent, just for the sake of having big busine$$ research dollars scattered about as far as possible.

    (I think I used up my day's ration of commas in that first paragraph ... )

  2. Alan W. Rateliff, II
    Paris Hilton

    Stay tuned...

    What will become of Solaris? Will sunfreeware.com have to change its name?

    I am concerned over this possibility as I really like Solaris. I would hate to see it disappear. I have minor admin experience with AIX, and so long as the core of Solaris remains mostly the same, I can imagine a likable hybrid of the two.

    But then there is MySQL. I hear that "serious" admins should be running Postgre, anyway.

    A lot of questions will need answers while this is going on. OpenOffice and StarOffice, OpenSolaris and Solaris, Java, and MySQL... we watch closely.

    Paris, a lot of questions with no answers.

  3. Ralph B
    Thumb Up

    Colour Choice

    I can't help thinking that there would more opportunities for amusingly smutty headlines using "purple" rather than "indigo".

    i.e. "Big Purple stocks surge as merger climaxes"

    Well, you get the idea.

  4. Anonymous Coward
    Anonymous Coward

    POTENTIAL FANTASTIC DEAL FOR BOTH - FIAT LUX !

    POTENTIAL FANTASTIC DEAL FOR BOTH - FIAT LUX !

    Posted Monday 23rd March 2009 09:06 GMT

    Timothy is right yet again!

    This could all be rumour though interesting neither side have denied and cleared the clouds surrounding this so we'll not know until either a fast deal is formally announced sometime on or from today, after speedy IBM mutual due diligence, or, that there is a formal statement from either or both sides to deny this all as mere speculative rumour.

    Looks a bit true though! Doesn't it?

    Either way, its now having a material impact on both so if indeed true IBM need to work ZFast and clarify Deal or No Deal and Quick and Clear the Clouds so that the Sun can Shine Again!

    If this deal goes through then my personal view and opinion is that this is a major milestone in the evolution of IT an inflection point and seismic shift in the IT industry landscape and could mark the start of a series of major consolidations and further virtualization of the computer industry to include other players. It will happen sooner or later.

    Many of the major players from Cisco way on down have free cash available to fuel M&A activitity without resorting to iffy money market debt deals.

    The harder and smart part bit for IBM endeavour and achieve if the deal goes through is to Construct the Deal as a Fully Win Win Win Deal that Preserves All Jobs on Both Sides.

    Yes, I said ALL JOBS - and it could be done and the deal be made to really shine.

    This is important. People Matter Most, not just IT and Money.

    Preserving jobs could help the antitrust case that centers on the apparent server and enterprise tape monopolies.

    Personally I like the idea of the deal.

    To be clear and clean IBM must shine a ray of Sunlight and Quick!

    Everyone Knows that every Cloud has a Silver Lining and that the Sun Shines behind the Clouds

    FiAT LUX !

  5. Chris Miller

    I'd like to think you're right

    And that we'd get the innovation of Sun combined with the financial muscle and corporate omnipresence of IBM. Sadly, what usually happens with these M&A deals is that you get the innovation of IBM combined with the financial presence of Sun. IF this goes ahead, I'd bet that in five years' time the question will be 'Sun who?'

  6. amanfromMars Silver badge

    Moonshine .... on Things that are Never Ever what they Seem ...

    ....the Priceless Purple Patch Lesson Learnt with the Enigma.

    Personally, I don't think I can get used to the idea of IBM acquiring Sun." ... Err, some would think it actually as a practical merger with the acquisition being in the other direction, given the collapse of what could be seen as IBM IP [Intellectual Property] in its Wall Street Guise...... thus to Create a Novel Major Joint Capital Adventure with OSS* Zippy Hippy Cultural Input/SDRR** Processing Protocols taking over the Lead from Distressed and Discredited and Compromising Components and Factions, Endemic in its Proprietary Based Architecture/Legacy InfraStructure.

    * Open Sourced Systems

    ** http://acronyms.thefreedictionary.com/SDRR

  7. Chris Miller

    @FIAT LUX

    Have Liverpool Uni got a new AI lab or are you a computer in Turin? Either way, amanfromMars has clearly got serious competition.

  8. Anonymous Coward
    Flame

    Am I missing an in joke here?

    What's with all the strange posts containing capitalizations? Am I missing something or what? Is it just uber-geeks geeking off to one another pretending to be AI?

    If so, sod off and get a life.

  9. Scott
    Stop

    Sequent, up-and-coming?

    So Sequent were "up-and-coming" in 1999? They started in 1983 and were shipping systems in 1984!

  10. Anonymous Coward
    Thumb Down

    Greed

    This is the doing of Southern Asset Management that has a 40 stake in Sun and is only interested in nothing more than getting Sun sold so that they fill their pockets with cash. Greed at work again. IBM is the worst possible company to take over Sun as due to he huge number of product overlaps they will just simply gut the company and kill off all its products bar a few. This would be a sad day for competition and customers are going to seriously lose out here. A better fit would be Fujitsu but they simply don't have the cash available to buy Sun.

  11. Anonymous Coward
    Anonymous Coward

    Greed

    Isn't everything that has caused the global recession just down to greed?

    If some people took their snouts out of the trough, then perhaps mankind would actually be better.

    But greed rules, fact of life.

    People are not important to the corporate piggies (with or without pony-tails!), they only people that will win from a IBM-Sun tie-up are the corporate officers, not the poor sods who work for Sun (or formerley StorageTek - double the pain for the few that are left)

  12. Anonymous Coward
    Anonymous Coward

    @FIAT LUX -I'd like to think you're right

    YES! Fantastic! 100%. How did you guess?

    ANSWER IS BOTH!

    AND NOT OR THOUGH.

    Like IBM & Sun maybe? Who knows? Suppose no one knows for sure just yet.

    As we all know these things often take a while.

    Turin and Liverpool are both Thrilling Cities with really fantastic great people, cultures and history and a very great deal in common and both have very fine proud people and great long lasting histories of remarkable achievements.

    Yes both problems aplenty and problems and progress do seem to go together a bit in real life and real IT and it does sometimes appear that you can't have one without the other so you never know what ever could be next . . .

    Stranger things may have or be about to happen . . .

    Ever Onwards!

    IBM & Sun? Penry the mild mannered janior? Just Could Be!

    Sometimes through and out of the fire of very great shared adversity . . .

    Turin's fine people reputedly begat miracles in their rich and historic past and now Fiat is making sound progress and as for Liverpool, just look at the absolutely amazing talent, brains and who knows even one day even Ai, born of a strong survival instinct, warmth of hear and spirit, good humour and sharp wit, often tempered with 'difficult circumstances' that they have repeatedly conquered and springs hope eternal out of Liverpool's heart and mind to a somewhat surprised, always absolutely delighted and eagerly appreciative and waiting world.

    More than just an audience this. Come on admit it we're great fans. Go on, force yourself! Liverpool and Liverpudlians? WOW!

    'Apple', Beatles, to Capital of Culture, who'd have though it? Ai? Could be?

    Makes you stop and think a bit though doesn't it?

    Real People in Turin and Liverpool and not Ai approaching the people's great intelligence and skill just yet though, so steady on just a bit for now, and certainly people in Liverpool and Turin have been exploring this wonderous world of IT all for quite some time now with lots of success in embracing and adapting to the new.

    Fiat is also steadily progressing again and its already reportedly using 'smart Ai and enabling IT infrustructure and eco motive technolgies' throughout coupled with style and brains

    Rumour has it that Liverpool's very own top comedian 'Prof. Ken Dodd', who has been successfully combining a big heart, and a strong love and interest in people and yes money (!) has been quietly for some time now (eons) been exploring the outer reaches of universal good humour, even as far as surviving the famed Glasgow Empire and through a love of computers is just about to make a major important 'breakthrough' in Ai.

    WOW!

    Just think of the potentialities!

    As for your idea of amanfromMars having new serious competition, no way my friend, serious respect to you, no competition at all from me on this one mate - way, way, way ahead of me everyone is on this tech stuff so be assured you that you should have no fears, no worries on that one Pal. All yours that idea!

    IBM & Sun - Just think of the potentialities!

    WOW!

    Ray

    PS: and its not necessarily bad news for everyone else in the IT industry either . . . like i said on the previous thread. People first and its how you handle that aspect that is key, especially now, get it right and the products & services and even profits may follow if customers like and buy.

  13. Anonymous Coward
    Anonymous Coward

    Investors

    I think it is Southern Asset Management that is driving this. But as long as Sun insists on keeping a top-heavy organization I don't see any other way out.

  14. David Halko
    Unhappy

    @Anon: driving...

    Anon says, "I think it is Southern Asset Management that is driving this."

    I think that is certainly the case. SUN's stock was undervalued and they moved to a more active role in finding value for the stockholders.

    The investment in SUN looks like it was a "quick buck"!

  15. amanfromMars Silver badge

    Sun Asset Management

    That would be Uncle SAM ........ trying to generate life in a moribund/bankrupt market place ..... create some movement/make some money rather than just printing it ?

  16. Anonymous Coward
    Anonymous Coward

    @SAM

    . . . or it could even be SAM Palmisano !

  17. MarketWatcher
    Alert

    Sun of SAM

    Southeastern Asset Management ( SAM, for their funds and background see http://www.longleafpartners.com ) has a bigger problem than simply "making a quick buck" as suggested by a previous poster. If they are indeed helping drive the purported negotiations with IBM they have more than just a profit motive. Their motivation is to avoid a HUGE INVESTMENT LOSS on Sun.

    If you read their recent SEC filing, you'll see that SAM's USD $2.1 BILLION investment in Sun - and the resulting 22.3% ownership position - is currently in the hole by $800 MILLION (using the March 24th closing price of JAVA of $8.06). That's a fair chunk of change even by Bernie Madoff or AIG bonus recipient standards.

    In simpler terms. SAM's average purchase price for their 166 MILLION shares of Sun stock is about USD $12.91. So they need a buyout price of nearly $13 just to break even. So if IBM is really at the negotiating table, SAM has has no choice except to play the game of brinksmanship.

    And they may be the ONLY entity looking out for the unfortunate outside shareholders in Sun. Certainly Sun's BoD has failed miserably. And based on Sun's recent (January 1, 2009) change of control filings with the SEC, Sun's executive team has little to fear from a takeover. Starting with Mr. Schartz and Mr. McNealy, and continuing thru the exec ranks, they will all be RICHLY rewarded for having trashed Sun over the past 2 years, 11 months and 1 day while Mr. Schwartz tilted at windmills.

  18. Anonymous Coward
    Anonymous Coward

    Itanium had a lot to do with Sequent's Demise

    Itanium had a lot to do with Sequent's Demise. Sequent used Itanium chips, not

    AMD 64 bit x86 chips, to get 64 bit addressing in it's servers. The second generation Itanium chip was the first Itanium chip to ship in any kind of volume that had performance that was not mediocre. The second generation Itanium chip shipped years after Itanium chips were supposed to start shipping. IBM gave up on Itanium, and pulled the plug on development of Sequent Itanium based servers.

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