The problem is that the quoted prose is ambiguous. I'm hoping that IBM will spell it out.
Even if they say that you can't use it to write open source software, it's still a step in the right direction. -- Shmuel (Seymour J.) Metz http://mason.gmu.edu/~smetz3 ________________________________________ From: IBM Mainframe Discussion List <[email protected]> on behalf of Lionel B. Dyck <[email protected]> Sent: Tuesday, October 26, 2021 12:46 PM To: [email protected] Subject: Re: IBM ZDNT Learner's Edition - beware Here is the exact prose from the agreement you have to sign for the Learner's Edition: 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. Lionel B. Dyck <>< Website: https://secure-web.cisco.com/1jYdVB98YHnfvWbrpwBY8oQAHNqkwp_Z5dFWpnYRjSw5PNRUXf5sX0I6eu4W3lBsrFiTcWof5vVazYA4ZDAlLjVmh-LP0fSsfD6JvQsVVgS5neOjAk-1Mlpuno9vJeZB3oWDOrZi60vucAj-Wtc2gPD4e80MN0qgr8qDV81kDtIbZYfectrz4DCMGQdM791hNI4dNQQE3YPN1AfvrYUbe3n978sSDuyucDVMxjq02cynnx7WM_Yj4HyCokNg8XasoUuovosrp1KuaUzdaqIqEwp_MwRaMRzStt2D1c0jsmEjgd3CZP7nU65fFfcx5e8ONowmOrco857cM-PImcO1MkDOxNpyui0tigKPLIzsLq2IIgm_XW216SPvRgN_C0l7eupNXPuH1ukoT5iK31SdkO11zK8jC7Nw0NX03UYiabYZGQngoOoL1ZSU2AUZEVw6r/https%3A%2F%2Fwww.lbdsoftware.com Github: https://secure-web.cisco.com/1NA_W4CMQ8170iFl4vqZ6B9jTDpP6MmspzdvnaOiT80IHSi5aEnARm9C3eaLIoP59kLoYOxWdthUoi284I645eD73kDDRSkQ0R4lmkBCMq7NifcNj2bTt4oA0drlyypl1h7cu60vJCWNPHEYzGEQtatM84LAFwbxUgjMbojiiDqHD2XZUavA_M_3EQ5Zqp0vGW8r4u1msSQo3ijK5uWSORnl6wrverdrakoo2rrrrjm44bKwo7Kb3D6ftBTupvRFuH50jBfbcxlurD3jsCrUbfLjUwAW6z-VIgCVnLiBBqudUlB8qdQ0aAAODI9dEyduBppHxb-eUaFbcesze5qBVeUpgD6FN2hHqxbIqrXcxfaa3FpY517_6M2Kdm50wBoiQw-FxYKkdKQPUKuV4BiJwGhDVj2eDL6-WdbTI-0_nqnLbVt2Ef3dKHmRS2GFlrCxB/https%3A%2F%2Fgithub.com%2Flbdyck “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 <[email protected]> On Behalf Of Scott Fagen Sent: Tuesday, October 26, 2021 11:09 AM To: [email protected] Subject: Re: IBM ZDNT Learner's Edition - beware Sebastian, I think you may have hit on the crux of the matter: On Tue, 26 Oct 2021 03:44:17 -0500, Sebastian Welton <[email protected]> wrote: >This license is for personal, individual learning use only and not for test >and development of commercial products. The legal question is: is developing a program to be distributed as open source software considered the development of a commercial product? I am not a lawyer, but I've dealt with software IP legal issues for many years. "Commercial Product" is a term that is typically defined within a contract or licensing agreement and _usually_ is something like: "Commercial product means a product, such as an item, material, component, subsystem, or system sold or traded to the general public in the course of normal business operations at prices based on established catalog or market prices." A "plain reading" of the above statement (in my legally _non-authoritative_ opinion) would not preclude development of open source software, as such software is freely available; it is neither traded nor paid for. Of course, that statement is not from the Learner's licensing agreement. It would be interesting if someone could find the exact language. Scott Fagen Sirius Computer Solutions ---------------------------------------------------------------------- For IBM-MAIN subscribe / signoff / archive access instructions, send email to [email protected] with the message: INFO IBM-MAIN ---------------------------------------------------------------------- For IBM-MAIN subscribe / signoff / archive access instructions, send email to [email protected] with the message: INFO IBM-MAIN ---------------------------------------------------------------------- For IBM-MAIN subscribe / signoff / archive access instructions, send email to [email protected] with the message: INFO IBM-MAIN
