>
> If IBM did say "no such product", would that
> be a license to use?
>

I'm no lawyer, but I would say not. To me it would be like making
Edsel parts and not paying homage to Ford Motor Car Company.
> If the FDP SPF was one OTC price ( not
> graduated charges ),

I am reasonably sure it was OTC. The cost was reasonable even by the
standards of the time.
> perhaps someone could force
> IBM to sell a software license?
Not likely since the latest ISPF/PDF is built on the FDP SPF. And
"force" IBM? :-)

> i.e. Either
> accept the money or not, but the software will
> be used?
That to me is equivalent to yelling "Fire" in a movie theater.
(Daring IBM's lawyers to come forth).

I would like to think that by talking to IBM they would allow MVS/XA
and older to be used, in a non-commercial way, to those that would like
to use it, such as hobbiests. A modest cost to be paid to IBM would
even be palatable.

However, the problem is IBM finding the tapes from so long ago.