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 > >---------------------------------------------------------------------- >For IBM-MAIN subscribe / signoff / archive access instructions, >send email to [EMAIL PROTECTED] with the message: GET IBM-MAIN INFO >Search the archives at http://bama.ua.edu/archives/ibm-main.html ---------------------------------------------------------------------- For IBM-MAIN subscribe / signoff / archive access instructions, send email to [EMAIL PROTECTED] with the message: GET IBM-MAIN INFO Search the archives at http://bama.ua.edu/archives/ibm-main.html
