[Info-vax] Licenses on VAX/VMS 4.0/4.1 source code listing scans

[Bill Gunshannon]

On 12/10/21 8:10 PM, Dave Froble wrote:
> On 12/10/2021 7:07 PM, Arne Vajhøj wrote:
>> On 12/10/2021 4:50 PM, Dave Froble wrote:
>>> On 12/10/2021 2:23 PM, Simon Clubley wrote:
>>>> On 2021-12-10, Dave Froble <davef at tsoft-inc.com> wrote:
>>>>> Instead, I'll ask these questions.
>>>>>
>>>>> What is the problem, if there is nobody to question such usage?
>>>>>
>>>>
>>>> Ownership of assets doesn't cease just because a company fails.
>>>>
>>>> You are setting yourself and your customers up for a future owner
>>>> of the VSI assets to come after you, especially if you reduce the
>>>> resale value of those assets by coming up with a way to bypass the
>>>> need for existing VMS customers to purchase more of those assets.
>>>
>>> If there is an entity that allows my customers to continue, then 
>>> there isn't
>>> an issue, is there?
>>>
>>> If there is not an entity, who, other than you and Bill, is going to 
>>> really
>>> give a damn?
>>
>> There can be cases where there is an entity  willing
>> to sue copyright violaters without being  willing to
>> sell a license.
> 
> It occurs to me this can be reversed.  Customers have an implied, if not 
> more specific, contract with the vendor.  

There is no such thing as an implied license.  All the terms of a
contract are spelled out in the contract.

>                                           Should another entity acquire 
> the software, and not fulfill this contract, perhaps they could be sued 
> to force them to honor the contract.  Acquire the product, you also 
> acquire the responsibilities.

That is true.  But only so far as spelled out int he contact.  And
with no requirement to renew or extend the contract when it runs out.

> 
> This could be fun.  Lawyers could have a field day.

Much less than you think.  They will read the contract and tell you
what the spelled out terms are and that is all you get.

> 
> :-)
> 
>>>>> What is your opinion of a vendor potentially destroying a 
>>>>> customer's business?
>>>>
>>>> You know what VSI have done by putting time limits on production
>>>> licences and you could port away today if the risk is unacceptable
>>>> to you.
>>>
>>> Porting is not an option.
>>
>> Porting is per definition an option for all software
>> at all time.
> 
> Not when cost is involved.

Cost is not an issue except in the choice of whether or not to
do a port.  Cost does not make the port impossible.  it might
make it impractical but that is the choice the one considering
the port has to make.  Your argument is like saying Porsches
are impossible because less than 1% of the population of the
world can afford one.

> 
>> Everybody makes the decision to port or not port
>> all the time - some think about it - some make a
>> decision by not thinking about it.
>>
>> You can look at expected cost, risk and benefits of not
>> porting and you look at expected cost, risk and benefits
>> of porting and you make a decision.
>>
>> A port may be a rewrite from scratch if the code is
>> totally non-portable. But there are plenty of
>> technologies out there to pick and chose from.
>>
>> Arne
> 
> 

bill