[Info-vax] vax vms licenses

[Bill Gunshannon]

On 4/19/22 21:04, Dave Froble wrote:
> On 4/19/2022 11:53 AM, Don Baccus wrote:
>> On Monday, April 18, 2022 at 10:28:29 PM UTC-7, Dave Froble wrote:
>>> On 4/18/2022 6:43 PM, Scott Dorsey wrote:
>>>> Chris Townley <ne... at cct-net.co.uk> wrote:
>>>>>>
>>>>>> Looks like murky waters, probably even for I.P. Lawyers and courts.
>>>>>>
>>>>>
>>>>> But are HP even interested?
>>>>
>>>> No, that's the basic problem.
>>>> HP are not interested enough to go after people illegally using the 
>>>> software
>>>> but they ALSO are not interested enough to release the software 
>>>> openly either.
>>>> --scott
>>>>
>>> So then, just what is the problem?
>>>
>>> As we used to say in the pickup basketball games, "no blood, no foul".
>>> -- 
>>> David Froble Tel: 724-529-0450
>>> Dave Froble Enterprises, Inc. E-Mail: da... at tsoft-inc.com
>>> DFE Ultralights, Inc.
>>> 170 Grimplin Road
>>> Vanderbilt, PA 15486
>> "Legal department may have a policy of pursuing all copyright
>> infringements for the signal value."
>>
>> In the US, at least, you can only recover actual damages in a 
>> copyright infringement suit (enhanced with punitive damages based on 
>> those if you have registered a copyright).  There's also the notion of 
>> "fair use" and the fact that there are some court rulings in the US 
>> that support the notion that using software that is only protected by 
>> copyright for personal use is "fair use".
>>
>> Copyright law is unlike trademark law where you need to pursue 
>> infringement or risk losing trademark protection.  This is one of the 
>> factors that leads to companies forcing small, insignificant, local 
>> businesses to stop using look-alike logos or similar names to their 
>> trademark protected logos, names, etc.  Many people don't understand 
>> that legally, once they become aware of the use, they must try to stop 
>> it.
>>
>> This whole thing is complicated, though, by the fact that it is 
>> licensed software and that you have to use a fake key not issued by HP 
>> to use it.  One of the reasons software licensing became commonplace 
>> is exactly because copyright protection is so weak.  So HP is in a 
>> much stronger position due to stop people than they would be if they 
>> were merely depending on copyright.  And it is hard to argue innocence 
>> if you go to the trouble of generating a key and install VAX/VMS.
>>
> 
> How about not using any keys?  Simple patch will disable LMF checking.
> 
> But, first HP would have to know about such usage, and as mentioned, how 
> many at HP/HPe still remember VMS?  Then go to the bother of pursuing 
> such use.
> 
> Keep in mind, I doubt anyone is suggesting commercial use.
> 
> How will anyone know if a person is using VAX/VMS as a hobbyist?
> 

Just pick all the names out of c.o.v.   :-)

bill