Discussion
General - On X Servers and P Servers (Unix)
- The seventeenth indictment concerns ELTA's intention to acquire for the MPR project. At the time relevant to this indictment, the project's intention was to purchase, in combination, from one supplier, various types of computing equipment, which included both X and P servers , also known as Unix servers (with regard to the demand for combined procurement, see, for example, Zeiger, p. 6039, s. 9, p. 6033, s. 16-17 – the customer wanted to buy one unified system from one supplier; p. 5339, s. 14-16, the project's demand was for a unified response; Shkanevsky, 949, paras. 12-19; And in relation to Nahum also P/237, S. 521-522, Elta asked for the two types of servers together, S. 665 put both the Unixes and the X's in one tender).
- The defense — both Zeiger and Harel and Nahum and Triple C — argued that Harel and Triple C had different authorizations or permissions from IBM regarding the different types of servers. For this reason – this is the argument – the parties were required to cooperate, and against this background it is necessary to understand the correspondence between Zeiger and Nahum, which is the focus of the indictment and which, according to the claim, does not constitute coordination. We will discuss all of the arguments below.
- At the beginning of the discussion, we will briefly discuss the characteristics of the aforementioned servers.
- X servers - X servers , also known as "Xs", include, inter alia, "Blade" servers and "non-blade" servers (Zeiger, p. 6033, paras. 5-11). These are servers that were generally considered to be more standard (Naveh, p. 261, paras. 7-18, as a rule, these are off-the-shelf products with a standard operating system). The MPR project required both "Blade" and "Non-Blade" servers (see, N/79, Zeiger, p. 5338, paras. 22-24).
At the relevant times of the indictment, including the indictment now under consideration, all of the companies charged in the indictment – We, Harel, Triple C, EMET and Matrix – had permission from IBM and were able to sell X servers (P/78, Shkanevsky, p. 944, paras. 13-21; N/16, Naveh, p. 265, paras. 3-17; Erez Hershkovitz, who was at IBM in the group managing the business partners (Hershkovitz), p. 6628, paras. 23-25).