Quote <(why am I thinking zDENTAL?)>

Probably because until it's been available and IBM's lawyers have had a chance 
to shake some problems (and maybe people) down over it, it'll be like getting 
teeth pulled to get a straight answer out of them?  :-)

rex

-----Original Message-----
From: IBM Mainframe Discussion List <IBM-MAIN@LISTSERV.UA.EDU> On Behalf Of 
John McKown
Sent: Tuesday, October 26, 2021 12:09 PM
To: IBM-MAIN@LISTSERV.UA.EDU
Subject: [EXTERNAL] Re: IBM ZDNT Learner's Edition - beware

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://urldefense.com/v3/__https://www.lbdsoftware.com__;!!KjMRP1Ixj6
> eLE0Fj!6Q7KR0ZAUdKhxm4X91k63w2bmzh0k9LtF94OGoCFhfkDDBLNagguGC5PNqlMy5e
> 0IA$
> Github: 
> https://urldefense.com/v3/__https://github.com/lbdyck__;!!KjMRP1Ixj6eL
> E0Fj!6Q7KR0ZAUdKhxm4X91k63w2bmzh0k9LtF94OGoCFhfkDDBLNagguGC5PNqnQaFCKo
> A$
>
> “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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