[Info-vax] OpenVMS Hobbyist Notification

[Bill Gunshannon]

On 3/8/20 7:52 PM, Dave Froble wrote:
> On 3/8/2020 8:46 AM, Phillip Helbig (undress to reply) wrote:
>> In article <r42p8k$9s5$1 at panix2.panix.com>, kludge at panix.com (Scott
>> Dorsey) writes:
>>
>>> Yes.  This is what "abandonware" means.  It's software that is no longer
>>> available from the manufacturer but which is legally constrained from
>>> open distribution.
>>
>> I had the impression that some here thought that it meant that if it is
>> no longer available from the manufacturer, then one somehow has the
>> right to do what one wants with it.
>>
>> That is not the case.
>>
> 
> Just as a bit of conversation, not advocating anything, at least at this 
> time.  Don't need Bill calling me names.
> 
> If HP/HPe no longer has copies of VMS, then just what could they use in 
> any legal cases to prove piracy, or whatever one wishes to call it? Sort 
> of a real practical matter, right?

What would make you think that they are going to destroy all copies
of their old IP?  As for proof of privacy violation, I would bet that
the court would accept the concept of prior art.

> 
> I seem to recall that someone at VSI indicated that they did have the 
> VAX code, and could issue a new release, which they have no intentions 
> to ever do, and one cannot blame them.  Regardless, perhaps all that 
> would be necessary is for HPe as part of their final disengagement from 
> VMS to allow VSI to issue licenses for the old DEC/Compaq/HP VMS 
> releases.  Then it would be up to VSI to do so as part of a hobbyist 
> program, or not.

That is true.  But where is the business argument to make it something
that VSI would actually want to do?  There is a cost to everything and
while I am one of those VAX Hobbyist Users (just like I am a PDP-11
Hobbyist User) and would love to see this resolved in my favor,
experience has shown me that this is very unlikely.

> 
> And while I'm being my regular asshat, I'm going to question whether 
> Phillip is actually a hobbyist user.  He uses VMS for things that people 
> purchase products, such as WEENDOZE.
> 
> :-)
> 

bill