In Beginning of Trial BMC Lambastes IBM’s Conduct As ‘Not Acceptable’
BMC’s attorney tells the court: BMC “always relied on the plain meaning” of its contracts with IBM and the language “speaks for itself.” But IBM’s lead lawyer countered that BMC breached the non-displacement contract when it did not inform IBM that AT&T had purchased special rights in its own contract with BMC that allowed IBM, as its outsourcer, to displace BMC software in AT&T’s systems without paying extra. “At best, BMC could (and did) try to leverage payments from IBM.”
