On Thu, Sep 21, 2006 at 10:19:45AM +0200, Fabio D'Alfonso wrote:
> Many people say that talking about licensed software can be ntended as a
> support to piracy. This is, in my opinion, an excuse to defend a very low
> profile, chair sitting, idea of playing with the hercules toy. Actually an
> hobby.

This is the central problem: Hercules depends, to some extent, on IBM's
goodwill. Whether there would be any merit in such an accusation or not, IBM
could easily torpedo the project by suing the developers over a whole raft
of legal complaints, and we would be in serious financial trouble just
trying to deal with IBM's horde of well-paid, high-powered lawyers.

The best way to avoid this outcome is to calm any fears that IBM and its
people have that Hercules is a tool to enable piracy of IBM software. Make
no mistake: whatever you and I think of the idea, more than a few IBMers
think that Hercules is just that. I've answered that repeatedly at SHARE.

> I think that using or not a licensed software is an individual
> responsibility not a community one.

I agree. In the end, it's up to the user what he does with it. That doesn't
mean we have to encourage it, however.

> Also, I use to say that any IT professional has or should have a Tool Box,
> made also of software and tools used for test purposes.

This is quite true, and an idea that Sam Knutson and Sam Golob, the force
behind the CBT Tape project have been advocating for years.

> Not all the license infringiments are serious the same, and some border
> lines uses are comm nly tollearated if the do not impact the business.
> This doesn't mean that this is to be made in evidence. There is a
> compensation room that any professional here should understand very well.

Whatever IBM tolerates from its customers, however, its official stance must
be that unlicensed use of its software is not allowed, for legal reasons.
Similarly, in order to avoid the wrath of IBM's lawyers, we can't be seen as
enabling software piracy.

> So, hopefully, this forum could be useful to widespread mainframe
> knowledge by means of hercules, leaving to any individual to choose in his
> own responsibility, how to do that.

There are circumstances where using IBM software on Hercules is legal, and
that's why we don't prohibit such discussions. OTOH, it is quite
controversial, and some folks are plainly uncomfortable with helping others
to do what they view as stealing IBM's property. We have to respect that,
too.

> Production is a different issue and no one as a IT professional should
> think to do that without a SUPPORT contract which implies all other steps,
> about hardware availability, licensed software, vendor contact. Actually
> another film.

I agree. While I believe Hercules is good enough to run in production, the
reality is that a DP manager would have to be nuts to do it, because he
can't get the support he would need to do so. We just don't have the
resources.
--
Jay Maynard, K5ZC http://www.conmicro.cx
http://jmaynard.livejournal.com http://www.tronguy.net
http://www.hercules-390.org (Yes, that's me!)
Buy Hercules stuff at http://www.cafepress.com/hercules-390