On licensing discussions

Jay Maynard

Dec 15, 2003

I can see that my previous statement on discussions of whether people have
been licensed to run IBM software on Hercules wasn't clear enough and didn't
go far enough.

These discussions do not lead to enlightenment for anyone; instead, they
ultimately end in flamage and fingerpointing. In addition, the participation
of people whose primary interest in such discussions is not Hercules does
not contribute to the flow of information.

Further, as I noted in a previous message, those of us on the list are not
in a position to have an informed opinion on whether a given individual's
use of any software package on Hercules is or is not within the terms of the
license by which that person has access to the software. There are too many
variables involved; in particular, there are a number of IBMers who use
Hercules internally to IBM, and yet post here with an email address that
does not reflect that status. As Fish noted in his message, we are also not
in the business of enforcing IBM licenses, nor do we have the legal standing
to do so. That's IBM's job, should they choose to pursue it.

Effective immediately, any and all discussion of whether a given individual
is licensed to use any particular software program under Hercules is
offtopic for this list. It is still appropriate to remind users that they
must comply with the terms of their software license, and, of course, it is
up to each individual person as to whether or not they wish to help someone
running a licensed program. However, if you wish to find out whether someone
has a license, or if they do, how they got it, do it offlist. If you wish to
discuss whether a particular use is within the terms of a software license,
do it on hercules-advocacy. This goes for everyone, not just those who
appear to think that Hercules is nothing more than a tool to pirate IBM
software.

I have not banned anyone yet for violating the previous policy, since it was
not clear enough. My forbearance is at an end. Any further messages of this
type on hercules-390 will result in the immediate and permanent removal of
the offender from the list. You Have Been Warned.

Discussion of this policy is also offtopic on hercules-390. If you wish to
complain at me about it, or try to change my mind, do it offline, or in
hercules-advocacy.

4:09 pm