Re: [hercules-390] Re: posting styles and licensing
"Peter D. Ward" <pdw-8vCV/[email protected]>
| Newsgroups | gmane.comp.emulators.hercules390.advocacy |
|---|---|
| Organization | Fundamental Software/Peter D. Ward Inc. |
| Message-ID | <[email protected]> |
[email protected] wrote: >>I believe the same analysis would be true for >>Hercules, in which case your implication that running Herc on a 9672 is >>some sort of safe harbor is probably incorrect. >> >> > >I find this a curious argument. Patent royalties are due based on >an agreement presumably signed by FSI and IBM - not on the mere >existence of a patent or patents held by IBM. If FSI has agreed to >pay IBM royalties based on certain IBM patents, then surely the >agreement must spell out the details under which such royalties are >due. > Tony, I believe we are in fact saying the same thing --- I was merely pointing out that the platform one runs an emulator on is, under my notion of a commonly structured royalty contract, probably independent of whether or not a royalty was owing. Folks on this list seem to suggest that there are *NO* IP problems in running z/OS on Herc on the very 9672 that the z/OS was licensed to. I merely suggested one of a possible handful of issues, that one being patents. >Presumably IBM's lawyers knew what they were >doing when they signed their agreement with you. > I was only worried at the time about whether *we* knew what we were doing, and I remain none too sure about that! >Certainly the issue of whether Hercules violates IBM and other >patents has come up before, and I expressed my opinion several >years ago that it is a near certainty that it does. > In the last go-round on that I seem to recall that Jan and Jay felt differently. I don't recall exactly, but I believe Jay indicated that he had sought or was offerred some advice which supported such a position, although that may have been only relevant to SIE implementations. ------------------------ Yahoo! Groups Sponsor ---------------------~--> Buy Ink Cartridges or Refill Kits for your HP, Epson, Canon or Lexmark Printer at MyInks.com. Free s/h on orders $50 or more to the US & Canada. http://www.c1tracking.com/l.asp?cid=5511 http://us.click.yahoo.com/mOAaAA/3exGAA/qnsNAA/dpFolB/TM ---------------------------------------------------------------------~-> To unsubscribe from this group, send an email to: hercules-advocacy-unsubscribe-hHKSG33TihhbjbujkaE4pw@public.gmane.org Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/