Re: Irrevocability and intellectual property

On Tuesday, May 27, 2003 at 10:58, Jay Maynard wrote:

> My position is as is has always been: Hercules was implemented using only
> information that was obtained in legal ways that do not violate trade secret
> or copyright protections. (Trademarks are not at issue; if they were, I'd
> have heard about it, and made appropriate changes already.) 

I seem to remember some discussion on the list a couple of years ago 
about the fact that someone else had Hercules trademarked for some 
computer-related purpose. Did that just go away, or was it resolved 
in some way that makes you think there is no problem?

> Therefore, there
> are no intellectual property issues, with the possible exception of patent
> infringement - and that issue is solely IBM's to raise. They have not done
> so.

Well... it's not solely IBM's. There's a pretty good chance IBM 
licensed various stuff from others to implement the z/Series 
machines, as they have for other mainframes over many years. To what 
extent a software implementation such as Herc might infringe such 
patents is an interesting one, but I'll bet that the various 3rd 
parties are not bothering the Hercules community only because they 
aren't aware, or don't see any money being made. If Herc turned 
commercial (and more important, commercially successful) I imagine 
they'd be knocking at the door in short order.

Tony H.

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