RE: Re: More questions [from herc/390]

I also know that it is bad form to reply to ones own posts, but I also think
it is important to keep OS rights separate from Hardware right. IBM Hardware
(and software) incorporates functions and features which are protected by
PATENT rather than copyright. Unlike copyright which is currently pretty
much enforceable world wide, and is now generally automatically assigned,
PATENTS are still covered by legislation which is still very different from
country to country.

So for example it is much easier to PATENT a software mechanism in the US
than it is in Europe. It may be that Hercules violates such patents. Also
note that IBM hardware and software may also use techniques which are
patented by other companies. For example I understand that Amdahl used to
own the patent on the use of a separate control computer to manage and
monitor the main machine. IBM used this technique in many systems and so had
to license the patent from Amdahl. In turn they would have to license IBM
patents such as Virtual Memory...

In view of the relative complexity of Patent Legislation I think that trying
to decide if Hercules violates any person's patent rights is much more
difficult. I also think that the number of patents possibility violated
varies vastly from country to country.

So whilst I personally think on Copyright we are fine, who knows on Patents.




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