August 28, 2013, 4:43 PM — Following through on a policy change announced in 2012, IBM has started restricting availability of hardware patches to paying customers, spurring at least one advocacy group to accuse the company of anticompetitive practices.
IBM "is getting to the spot where the customer has no choice but to buy an IBM maintenance agreement, or lose access to patches and changes," said Gay Gordon-Byrne, executive director of the Digital Right to Repair (DRTR), a coalition for championing the rights of digital equipment owners.
Such a practice could dampen the market for support service of IBM equipment from non-IBM contractors, and could diminish the resale value of IBM equipment, DRTR charged.
On Aug. 11, IBM began requiring visitors of the IBM Fix Central website to provide a serial number in order to download a patch or update. According to DRTR, IBM uses the serial number to check to see if the machine being repaired was under a current IBM maintenance contract, or under an IBM hardware warranty.
"IBM will take the serial number, validate it against its maintenance contract database, and allow [user ] to proceed or not," Gordon-Byrne explained.
Traditionally, IBM has freely provided machine code patches and updates as a matter of quality control, Gordon-Byrne said. The company left it to the owner to decide how to maintain the equipment, either through the help of IBM, a third-party service-provider, or by itself.
This benevolent practice is starting to change, according to DRTR.
In April 2012, IBM started requiring customers to sign a license in order to access machine code updates. Then, in October of that year, the company announced that machine code updates would only be available for those customers with IBM equipment that was either under warranty or covered by an IBM maintenance agreement.
"Fix Central downloads are available only for IBM clients with hardware or software under warranty, maintenance contracts, or subscription and support," stated the Fix Central site documentation.
Nor would IBM offer the fixes on a time-and-material contract, in which customers can go through a special bid process to buy annual access to machine code.
The company didn't immediately start enforcing this entitlement comparison policy however -- until earlier this month. "Until August, it didn't appear that IBM had the capability," Gordon-Byrne said. "We were wondering when they were going to do that step."