Re: [hercules-390] Re: posting styles and licensing

I'm not sure you read my response carefully.  Please read it again and 
then see comments interspersed below --

somitcw wrote:

>> Steve's post wasn't specific on identity, but
>>
>>if we're talking about Greg Smith then I too
>>would assume as you have.
>>    
>>
>
>    Steve's later posts were more specific on
> his identify.  IBM should be able to find him.
>
By "identity" I meant Steve's note didn't attach a last name to "Greg", 
so there was no way
 to tell if he meant "Greg Smith", as you apparently assumed.


>>
> FSI pays royalties to IBM
>  
>
>>because of the IBM patented functionality
>>performed by Flex-ES.
>>    
>>
>
>    I would love to know what FunSoft thinks
> they are paying for?  As far as I know, IBM
> has never requested payment for Hercules.
>
Perhaps they feel they shouldn't have to ask after the fact.  As far as 
I know,
IBM does not license its software stack for use on Hercules.  Perhaps 
there is
some causal connection.

>    What royalty payments do you owe them now
>
Patent Royalties

> and what does that have to do with Hercules
> running on a 9672? 
>
I believe we'd still owe them even if we ran on a 9672.

> If you suspect that Hercules is not legal
> software, please give a specific reason why
> you believe that.
>

For one, Patents.

>
>    If IBM request the same Hercules royalty
> fee for my 9672 that everyone pays to run
> Hercules on their PC for MVS 3.8j, I see no
> problem.  The 9672 doesn't have enough disk
> space to run Linux so IBM wouldn't get much
> anyway.
>

I'm not sure what functionality required to run MVS 3.8J is still under 
patent.


>  
>
>    IBM is in the best position to know if they do
> or do not own OS/390.  I won't worry about it.
>

No one here is contesting their ownership of OS/390.  Read my response 
again.

> details, but if we have a disaster, IBM will
> help to insure that their customer ( us ) is
> taken care of the best way possible.
>
>   
>
Well, its a costless exercise to write them and ask the question ahead 
of the need if under your contract Hercules would qualify for 
designation as the Designated Processor (the term used under the 
contract) in a DR setting.  Why speculate when one can ask for their 
contract interpretation?


>    The bottom line is that people that run
> OS/390 legally may post reports and questions
> on various Hercules groups, Flex-ES List, and
> other lists.  I will not assume that every
> post is from someone running unlicensed
> software.  If the post looks legit, I might
> even post a reply.
>
I don't recall anyone suggesting what you claim has been suggested.   


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