HT-2021-000363 - [2025] EWHC 532 (TCC)

PARMLIB comprises datasets that enable programmers to select parameters for IBM or other third-party software. PROCLIB is a dataset containing IBM provided sample JCL procedures that can be customised by programmers.

A third-party customer load module containing its specified PARMLIB and PROCLIB was included in a CPX package sent to LzLabs. On 15 December 2020 DR-415 was opened by LzLabs, requesting Winsopia to download files and make them available to LzLabs, containing PARMLIB and PROCLIB members. Mr Lynch responded, explaining that the files would contain proprietary material. He explained in his witness statement that the files in question contained the PARMLIB reference; from that, he knew without looking at the content of the files that they would include IBM material relating to z/OS parameters, and so they could not be sent back to LzLabs developers.

The experts agree in their second joint statement that there is no evidence that PARMLIBs or PROCLIBs from Winsopia were sent to LzLabs. Mr Stephens’ view is that the above email chain and Mr Lynch’s witness statement indicate that PARMLIB and PROCLIB were not made available to SDM developers. In cross-examination, Mr Swanson accepted that he had not seen any evidence to the contrary.

On that basis, IBM has not established this allegation.