Re: z/VM V5R3 Eval Edition

Roger, I agree with you.  Regardless of what a person might have from a 
technical perspective intuited "properly implemented" to mean, what is 
its definition in legal terms?  I don't think it has one.  In a court of 
law, what better evidence of proper implementation exists than to start 
it up and run it.

As far as I know, the definition, the "proper implementation" of 
z/Architecture is defined by the PoO, being a software architecture, not 
a hardware architecture.  Clearly Hercules conforms sufficiently to run it.

However, it is clear that the perception being created is that Hercules 
is not licensed for the evaluation edition.

It was interesting that the original poster, apparently in the Pacific 
rim, was offered assistance by IBM Asia to help resolve the problem that 
caused him to post to the list and another poster immediately asked what 
was needed to get it to run on Hercules.

Harold


Roger Bowler wrote:

> In [email protected] <mailto:LINUX-390%40VM.MARIST.EDU> Alan 
> Altmark wrote:
> > Date: Tue, 20 Jan 2009 00:04:08 -0500
> > Reply-To: Linux on 390 Port <[email protected] 
> <mailto:LINUX-390%40VM.MARIST.EDU>>
> > Sender: Linux on 390 Port <[email protected] 
> <mailto:LINUX-390%40VM.MARIST.EDU>>
> > From: Alan Altmark <Alan_Altmark-r/[email protected] 
> <mailto:Alan_Altmark%40us.ibm.com>>
> > Subject: Re: z/VM CTCA won't start
> >
> > On Monday, 01/19/2009 at 10:04 EST, David Boyes 
> <[email protected] <mailto:dboyes%40sinenomine.net>>
> > wrote:
> >> > I am playing around with z/VM V5R3 Eval Edition which now IPLs under
> >> > Hercules 3.06.
> >>
> >> Umm, not to damp the fun here, but I don't think this is a 
> permitted use
> > of
> >> the Eval Edition code. Has anyone checked with IBM?
> >
> > One of the Usage Restrictions in the license agreement:
> >
> > "z/VM Version 5 Release 3 Evaluation Edition operates on the IBM System
> > z10 Enterprise Class (z10 EC) and IBM System z10 Business Class (z10 
> BC).
> > The Program requires hardware that implements the IBM 64-bit
> > z/Architecture in order to execute properly and therefore You are not
> > authorized to install or use this Program on any machine that does not
> > properly implement 64-bit z/Architecture. For information about specific
> > z/VM machine requirements and programming requirements, see the z/VM:
> > General Information manual, GC24-6095."
> >
> > There is the interesting phrase "properly implement." As a scientist,
> > technical professional, and industry veteran, I do not believe that I
> > could legitimately claim to "properly implement" *any* piece of 
> machinery
> > for which the complete specifications and verification tools are not
> > published. If I cannot verify proper implementation, then authorization
> > does not exist.
>
> I don't think that follows.
>
> It's hypothetically possible that Hercules *does* "properly implement"
> z/Architecture, at least to the extent required to run z/VM. To prove
> or disprove proper implementation, you would need access to the full
> specifications for the undocumented parts of the architecture. The
> absense of the specifications does not prove that the implementation
> is incorrect. On the contrary, the fact that Hercules is reported to
> successfully run z/VM V5R3 Eval is evidence of correct implementation.
>
> If they had intended to exclude all non-IBM equipment, they would have
> said so explicitly. I cannot believe that all that convoluted phrasing
> is there just for fun.
>


>
>
> --
> Regards,
> Roger Bowler
> http://perso.wanadoo.fr/rbowler <http://perso.wanadoo.fr/rbowler>
> Hercules "the people's mainframe"
>
>  



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