TSS/370 source archive now available

Jay Maynard

Jan 3, 2004

The complete source code to the TSS/370 operating system, less three
copyrighted modules from the COBOL and FORTRAN compilers, is now available
for download from my archive site at http://www.ibiblio.org/jmaynard . A
binary distribution of the system has been obtained as well, and will be
made available once I, or someone else, has figured out how to remove the
copyrighted compilers from it. The TSS/370 system itself has no copyright
statements anywhere in the code, and so, like OS/360 and VMS 3.8, is in the
public domain.

8:45 pm

RE: TSS/370 source archive now available

A. Philip Dickinson

Jan 3, 2004

Does the presence of a copyright statement make an entire package
copyrighted? I was wondering about MVS38J because some of the standard
macros contained in sys1.maclib do have copyright statements.

A quick browse of a few modules in lpalib also reveals the odd IBM
copyright.

Atleast they do in Volker's Turnkey system.

How did we establish that mvs38j is "public domain"?

Just curious.

Phil.

> remove the copyrighted compilers from it. The TSS/370 system
> itself has no copyright statements anywhere in the code, and
> so, like OS/360 and VMS 3.8, is in the public domain.
>

9:46 pm

Re: TSS/370 source archive now available

zenith89

Jan 3, 2004

--- In hercules-390@yahoogroups.com, Jay Maynard <jmaynard@c...>
wrote:
> The complete source code to the TSS/370 operating system, less three
> copyrighted modules from the COBOL and FORTRAN compilers, is now
available ...

Jay, just curious, what was the FORTRAN? E, G, H, VS or something
else?

...CPV

10:19 pm

Re: TSS/370 source archive now available

Jay Maynard

Jan 4, 2004

On Sat, Jan 03, 2004 at 10:19:16PM -0000, zenith89 wrote:
> --- In hercules-390@yahoogroups.com, Jay Maynard <jmaynard@c...>
> wrote:
> > The complete source code to the TSS/370 operating system, less three
> > copyrighted modules from the COBOL and FORTRAN compilers, is now
> available ...
> Jay, just curious, what was the FORTRAN? E, G, H, VS or something
> else?

Good question. The copyright statement in question is:

* 5734-LM3 COPYRIGHT 1971 IBM CORP.

found in a macro that generates the IHOUATBL CSECT. The COBOL module is in a
similar macro that generates CSECT IKFCBL01 and is names VSCBL, meaning it's
VS COBOL, so it may well be VS FORTRAN.

12:13 am

RE: TSS/370 source archive now available

Thomas David Rivers

Jan 4, 2004

In the "modern" world - the presence or absence of a copyright
statement does not bear on the copyright.

In particular, the absence of a copyright statement does *not* mean
that the source is not copyrighted... that is, you do not have to have
a copyright statement anywhere to enforce a copyright. In the US,
though, if you want to file a lawsuit; the sources have to actually
be registered with the copyright office.

I'm not sure how that applies to these older sources... I think
this only applies after some date??? (which is why MVS 3.8 is
public??)

So - to be safe, and sure; it would be a good idea to perform a
copyright search... but, I'm not a lawyer... so... take what I say
with a grain of salt; and go find a real lawyer.

- Dave Rivers -

>
> Does the presence of a copyright statement make an entire package
> copyrighted? I was wondering about MVS38J because some of the standard
> macros contained in sys1.maclib do have copyright statements.
>
> A quick browse of a few modules in lpalib also reveals the odd IBM
> copyright.
>
> Atleast they do in Volker's Turnkey system.
>
> How did we establish that mvs38j is "public domain"?
>
> Just curious.
>
> Phil.
>
>
> > remove the copyrighted compilers from it. The TSS/370 system
> > itself has no copyright statements anywhere in the code, and
> > so, like OS/360 and VMS 3.8, is in the public domain.
> >
>
>

12:35 am

Re: TSS/370 source archive now available

Jay Maynard

Jan 4, 2004

On Sat, Jan 03, 2004 at 07:35:38PM -0500, Thomas David Rivers wrote:
> In the "modern" world - the presence or absence of a copyright
> statement does not bear on the copyright.
>
> In particular, the absence of a copyright statement does *not* mean
> that the source is not copyrighted... that is, you do not have to have
> a copyright statement anywhere to enforce a copyright. In the US,
> though, if you want to file a lawsuit; the sources have to actually
> be registered with the copyright office.

This much is correct...but:

> I'm not sure how that applies to these older sources... I think
> this only applies after some date??? (which is why MVS 3.8 is
> public??)

You are correct: it only applies after 1978. These sources are older than
that.

> So - to be safe, and sure; it would be a good idea to perform a
> copyright search... but, I'm not a lawyer... so... take what I say
> with a grain of salt; and go find a real lawyer.

I did, before releasing MVS 3.8J. I also had this discussion with IBM's
intellectual property lawyers in Poughkeepsie; they told me that they
considered any IBM software without a copyright statement to be in the
public domain, as it was IBM policy to place a copyright statement on any
copyrighted software, whether or not the law required it.

1:13 am