I would challenge IBM to put on the Internet and publiclly make
available a bunch of MVS (virtual machines under VM) 
Thus effectively allow MVS at home for everyone desiring to develop MVS
open-source.
This will spread also MVS skills which is in IBM interest.

In other words, my new year's comment is sort of Hercules over
Internet...by IBM itself to obsolete legal discussions.

Shmuel Koller
Discount Bank 

-----Original Message-----
From: IBM Mainframe Discussion List [mailto:[EMAIL PROTECTED] On
Behalf Of Clark Morris
Sent: Thursday, December 29, 2005 3:25 PM
To: IBM-MAIN@BAMA.UA.EDU
Subject: Legality of Hercules was (fwd) Hercules 3.03 announcement


Given that Jay has made presentations at SHARE on Hercules and that this
list is read by enough people from IBM to form a small company, I doubt
that IBM is either unaware of the Hercules effort or that feels that Jay
is acting in a manner that requires legal action.  SHARE probably has at
least one IBM lawyer attending it.  

In addition, Hercules could be used for developing Linux to take
advantage of the latest and greatest hardware.  If Jay's effort were
only discussed on hacker forums I might share your concern but with it
being openly discussed both here and at SHARE, no one can claim that it
has been hidden from IBM.  I am certain that at least one person from
IBM has read Jay's FAQ and would not be surprised to find out that their
legal department had carefully reviewed it or made a conscious decision
to ignore Hercules.  In short, at this stage of the game you may be
technically right but I consider the issue one which IBM corporate has
made a decision of not interfering with the effort. Silence in this case
is informative/
  
On 22 Dec 2005 10:25:27 -0800, in bit.listserv.ibm-main
[EMAIL PROTECTED] (Phil Payne) wrote:

>> That much said, I think that Jay's FAQ 2.02 makes it pretty clear 
>> what
>requires a license and what does not.
>
>No it doesn't - and that's precisely the point.
>
>http://www.hercules-390.org/hercfaq.html#2.02
>
>"3)  Running under the terms of a disaster recovery provision of the OS

>license (but I really don't recommend depending on Hercules to be your 
>disaster recovery solution!)."
>
>>   I kinda wish Phil had counted to ten before pressing the 'send' key

>> this time.
>
>I'll stop complaining about this nonsense when Jay stops claiming it.  
>It's downright dishonest and may result in someone doing something they

>believe may be excused when - in some jurisdictions - it's actually a 
>FELONY.  I couldn't give a stuff about IBM's lawyers (and that ought to

>be obvious from other comments I've made) but I am concerned that 
>someone new to this whole discussion will believe this "disaster 
>recovery" bollocks.  It's twaddle - there is no such provision.
>
>--
>  Phil Payne
>  http://www.isham-research.co.uk
>  +44 7833 654 800
>
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