Which leads to a question.What, exactly is a "development environment"? Is
it an environment in which any code is written? That can't be it or IBM
would not include any compilers or interpreters with ZDNT (why am I
thinking zDENTAL?). Does running a program I wrote (developed) mean it is
now a "test environment"? Or must everything done on ZDNT remain on that
one and only system? I assume that I can move the ZDNT image  to a new
host. Since it is "dongle protected", I know I can't run ZDNT concurrently
on more than one Intel system. What about Linux on VMWare? Or
multiple Linux images on VMWare sharing the dongle? Hum, how about Hyper-V
to run Linux under Windows?

Yes, these are mainly silly questions. The problem is the vagueness of the
license. And I have more questions.  Assuming I can indeed write and run
programs on ZDNT (CBTTape programs?), can I distribute that program in
either executable or source form to other ZDNT licensees, or even other
non-ZDNT z/OS licensees? Or to a public source repository such as CBTTape
or some GitHub, et al., repository? If I later get a job for a company
because I know z/OS from working with ZDNT, can I take my personally
developed code to my new employer? If not, and I need something similar, do
I need to "start from scratch" like a "clean room" developer? How do I
purge my memory of previously written code (I had am employer who wanted me
to sign an agreement which basically said this)? How many of us have a
personal repository of code that we haul from job to job?

On Tue, Oct 26, 2021 at 11:47 AM Lionel B. Dyck <lbd...@gmail.com> wrote:

> 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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