John,

I do understand what you say, but I tend to doubt that IBM (even the vigorous 
IBM legal team) would care whether a new tool or utility developed on a ZD&T 
system was contributed to CBTTAPE.  CBTTAPE doesn't affect their bottom line 
enough to matter.

I also suspect they will be monitoring "learners" from certain areas of the 
world far more vigorously then "learners" from other areas as some of those 
certain areas are notorious about not respecting anyone's IP and pirating for 
profit all that they can get their hands on.

I still believe that "learning" requires "development", and that the phrases in 
the T&C's limiting use for "development" are specifically aimed at preventing 
corporations from trying to use it to reduce real-iron MSU's and thus IBM 
profit, and not aimed at preventing "learners" from writing and testing code.

Peter

P.S. - My email for this forum uses the form "Lastname, Firstname + office 
extension", (corporate standard) so "Farley" is my last name, not my first.

-----Original Message-----
From: IBM Mainframe Discussion List <IBM-MAIN@LISTSERV.UA.EDU> On Behalf Of 
John McKown
Sent: Monday, October 25, 2021 11:32 PM
To: IBM-MAIN@LISTSERV.UA.EDU
Subject: Re: IBM ZDNT Learner's Edition - beware

Farley,

They might monitor CBTtape. That's where I normally submit my feeble attempts. 
And, of course, monitoring this forum.

From what I've read, IBM's legal team is "vigorous". AI could probably monitor 
these emails quite easily. I guess someone here could find an email provider in 
a country which would be harder to track back to the user's teal country.

On Mon, Oct 25, 2021, 14:35 Farley, Peter x23353 < 
0000031df298a9da-dmarc-requ...@listserv.ua.edu> wrote:

> To me this is the key requirement:
>
> "Eligible Resources shall not be used in development, test, or 
> production environments."
>
> That says to me "not in your *company/employer's* environments".  
> Again I say, what is "learning" on a ZDNT instance but pure development?
>
> As for denying the ability to participate in open-source development, 
> I restate my prior question: What metrics would IBM have access to 
> that would permit them to either identify or target ZDNT "learners" 
> from participating in open-source development?  How would they know, 
> unless perhaps their Watson AI machine(s)/network(s) are monitoring 
> all github development repositories and issue resolution conversations for 
> ZDNT clues?
>
> If one develops open-source on ZDNT but contributes via normal github 
> processes from one's own PC (not from the ZDNT instance), how could 
> they know, barring active web monitoring on a scale more like what the 
> spooks down in Fort Meade Maryland do?  Or unless someone deliberately 
> tells IBM about a specific instance of such a contribution?
>
> Makes no sense to me any which way.  That's an effectively 
> unenforceable restriction so long as the ZDNT instance itself is not 
> directly used for open-source contributions.
>
> Peter
>
> -----Original Message-----
> From: IBM Mainframe Discussion List <IBM-MAIN@LISTSERV.UA.EDU> On 
> Behalf Of Lionel B. Dyck
> Sent: Monday, October 25, 2021 3:02 PM
> To: IBM-MAIN@LISTSERV.UA.EDU
> Subject: Re: IBM ZDNT Learner's Edition - beware
>
> Here are the pertinent paragraphs:
>
> The purpose of this Learning License Agreement (“Agreement”) is to 
> make available certain software, resources, and/or cloud services for 
> educational and non-commercial research to any Individual wanting to 
> engage in educational activities solely related to learning z/OS.  As 
> an eligible individual, you accept the terms of this Agreement by 
> completing the registration process and accessing the Eligible Resources.
>
>
> 2. License
> IBM grants you a nonexclusive, nontransferable license to use Eligible 
> Resources solely for instruction and learning. Eligible Resources 
> shall not be used in development, test, or production environments.
> Eligible Resources shall not be 1) used, copied, modified, or 
> distributed except as provided in this Agreement; 2) reverse 
> assembled, reverse compiled, or otherwise translated, except as 
> specifically permitted by law without the possibility of contractual 
> waiver; or 3) sublicensed, rented, or leased.
>
> I specifically asked my IBM contact about working on open-source 
> projects and was told NO.
>
> So a hobby license this is not.
>
>
> Lionel B. Dyck <><
> Website:
> https://urldefense.com/v3/__https://www.lbdsoftware.com__;!!Ebr-cpPeAn
> fNniQ8HSAI-g_K5b7VKg!dUrOSCPhLsEwHK6YLWswoWu7w7ze8wxqCBmlZg_LZwZRVPZda
> 5tavacp5W-tix5jKx1b6w$
> Github:
> https://urldefense.com/v3/__https://github.com/lbdyck__;!!Ebr-cpPeAnfN
> niQ8HSAI-g_K5b7VKg!dUrOSCPhLsEwHK6YLWswoWu7w7ze8wxqCBmlZg_LZwZRVPZda5t
> avacp5W-tix4eJBgSOw$
>
> “Worry more about your character than your reputation. Character is what
> you are, reputation merely what others think you are.”   - - - John Wooden
>
> -----Original Message-----
> From: IBM Mainframe Discussion List <IBM-MAIN@LISTSERV.UA.EDU> On 
> Behalf Of Mark Regan
> Sent: Monday, October 25, 2021 1:51 PM
> To: IBM-MAIN@LISTSERV.UA.EDU
> Subject: Re: IBM ZDNT Learner's Edition - beware
>
> I'm still waiting to hear back from IBM Sales on getting the product. 
> I submitted my request to them almost 2-weeks ago, and all I've gotten 
> back (the same day) is an automated response email that says we will 
> get back to you.
> Regards,
>
> Mark Regan, K8MTR
>
> *CTO1 USNR-Retired, 1969-1991*
> *Nationwide Insurance, Retired, 1986-2017*
>
>
> On Mon, Oct 25, 2021 at 2:29 PM John McKown 
> <john.archie.mck...@gmail.com>
> wrote:
>
> > Thanks. Saves me the bother of wondering about it.
> >
> > On Mon, Oct 25, 2021, 12:41 Lionel B. Dyck <lbd...@gmail.com> wrote:
> >
> > > The T's&C's explicitly state that it is to be used for learning 
> > > and may NOT be used for any kind of development - including Open Source.
> > >
> > > I've confirmed that with two sources.
> > >
> > > Disappointing.... ☹
> > >
> > >
> > > Lionel B. Dyck
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