Here is the exact prose from the agreement you have to sign for the Learner's 
Edition:

The purpose of this Learning License Agreement (“Agreement”) is to make 
available certain software, 
resources, and/or cloud services for educational and non-commercial research to 
any Individual wanting 
to engage in educational activities solely related to learning z/OS.  As an 
eligible individual, you accept 
the terms of this Agreement by completing the registration process and 
accessing the Eligible Resources. 
. . .
2. License 
IBM grants you a nonexclusive, nontransferable license to use Eligible 
Resources solely for instruction 
and learning. Eligible Resources shall not be used in development, test, or 
production environments. 
Eligible Resources shall not be 1) used, copied, modified, or distributed 
except as provided in this 
Agreement; 2) reverse assembled, reverse compiled, or otherwise translated, 
except as specifically 
permitted by law without the possibility of contractual waiver; or 3) 
sublicensed, rented, or leased.



Lionel B. Dyck <><
Website: https://www.lbdsoftware.com
Github: https://github.com/lbdyck

“Worry more about your character than your reputation. Character is what you 
are, reputation merely what others think you are.”   - - - John Wooden

-----Original Message-----
From: IBM Mainframe Discussion List <IBM-MAIN@LISTSERV.UA.EDU> On Behalf Of 
Scott Fagen
Sent: Tuesday, October 26, 2021 11:09 AM
To: IBM-MAIN@LISTSERV.UA.EDU
Subject: Re: IBM ZDNT Learner's Edition - beware

Sebastian, I think you may have hit on the crux of the matter:

On Tue, 26 Oct 2021 03:44:17 -0500, Sebastian Welton <sebast...@welton.de> 
wrote:

>This license is for personal, individual learning use only and not for test 
>and development of commercial products.

The legal question is:  is developing a program to be distributed as open 
source software considered the development of a commercial product?

I am not a lawyer, but I've dealt with software IP legal issues for many years. 
 "Commercial Product" is a term that is typically defined within a contract or 
licensing agreement and _usually_ is something like:

"Commercial product means a product, such as an item, material, component, 
subsystem, or system sold or traded to the general public in the course of 
normal business operations at prices based on established catalog or market 
prices."

A "plain reading" of the above statement (in my legally _non-authoritative_ 
opinion) would not preclude development of open source software, as such 
software is freely available; it is neither traded nor paid for.  

Of course, that statement is not from the Learner's licensing agreement.  It 
would be interesting if someone could find the exact language.

Scott Fagen
Sirius Computer Solutions

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