----- Original Message -----
From: "Alan Cox" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Tuesday, April 16, 2002 12:59 AM
Subject: Re: OK who messed with the redbook?


>         > If the goal is for IBM to protect the 390 intellectual property, they have
> > to be "vigilant and/or diligent" in pursuing and enforcing copyright and
> > usage of same. If they let this slide, then some other smart lawyer type
>
> I know of no jurisdiction this is the actual case for copyright.

Copyright is not the major issue.

> > the price paid by the folks at General Mills when they let the Jell-O(tm)
> > trademark fall into the public domain. Thus, they can't be seen to allow
>
> Trademark rules are quite different. A trademark identifies your product
> so if you aren't making sure it identifies your product you are not doing
> your job. If Hercules was called something like PC/390 then that might
> be a real issue.

According to Jay's site the product is called: "The Hercules System/370, ESA/390, and
z/Architecture Emulator".

That's three IBM trademarks, right there.

> If they have sense they will do what Palm did with the emulator folks -
> release a commercially supported and branded Hercules product to replace
> their toy S/390 on a board product. That would also nicely solve the licensing
> issue for non Linux OS's and generate IBM a tidy revenue stream as well as
> letting them bury the expensive low volume hardware board.

Which they could also do (and have done once before) with FLEX-ES.

--
  Phil Payne
  http://www.isham-research.com
  +44 7785 302 803
  +49 173 6242039

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