Re: Irrevocability and intellectual property

On Tue, May 27, 2003 at 04:30:38PM -0400, Tony Harminc wrote:
> 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?

It hasn't been resolved yet, but it also hasn't been an issue, either. I was
talking strictly about IBM.

> > 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.

That's possible; however, whenever the subject has come up, it's invariably
been about IBM patents. In any case, the patent owner is the only one with
standing to complain.

> 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.

Probably correct. As with IBM, however, i'm not going to worry about it. If
they care, they'll let us know. If they don't care, I see no reason why I
should either, especially since I'm not qualified to have an opinion about
whether or not Hercules is violating someone else's patents anyway.

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