PE is **not** licensed for **ANY** commercial use, even temporary, stop-gap,
limited, minor, etc. etc. etc.  

The only thing you can use PE for in a commercial environment is development
(on the idea more seats will ultimately be sold) or Personal (again, prior
logic, the more you know it, the more you love it)...

Porting is not either of those things. And the license doesn't say 'or
commercial purposes for 3 months or less' (I don't think!!)  We're not being
mean or trying to extract another dollar from anyone by stating the facts.
IBM has their rules on how these things work. It's the agreement we all
entered into when we accepted the license to use the database.  This
customer can use their current environment perpetually with no additional
costs, ever, but it seems they need to move to another platform - and for
that, there is a fee to be paid to someone - namely, IBM and the new
hardware and O/S vendors! If they are just moving data, they could buy a ONE
or TWO SEATS in the  workgroup license for probably way under $1000 - it's
not going to break their budget - heck, I bet it's less than the consultant
will charge for doing the research! <g>

We have to be careful on the Personal Editions - they are not OURS to
distribute (having a CD or copy of the download does NOT make you an
Authorized Distribution Point!) or decide what they are 'supposed' to be
used for. Those are legal issues covered in the User License. IBM decides
what terms they want to offer - we don't. However, if we are not careful, PE
versions may go away or become impossible to get without blood typing!! The
most any of us can ever LEGALLY do is provide the URL to the PE versions
(when they are back up and running!).

I hope IBM makes gazillions of dollars off U2, because if they do, we'll
make a LOT more!  I don't think any of the policies or pricing I've seen
thus far are that bad or unfair. This client has had years of use of the
database for the one time, up front costs. It appears they are not under
maintenance and have not kicked anything into the coffers for a while.

And, IMHO, asking a customer, who after years of no maintenance needs to
migrate to another platform, to cough up under $1k is not 'throwing money'
at the issue.  I suspect the data is worth a magintude more than IBM would
ever ask them to pay! And that the consultant(s) involved will get far more
than IBM will out of the deal. But the client gets the joy of continued
access to the data - priceless.

DW

---------
snippage

Come on people... I'm a software developer. I don't exactly go around
suggesting people steal software. They need a temporary solution to get the
data out. "Throw money at it" is rarely a good idea and for a temporary need
almost never.

Robert
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