In article <kpag12$iqc$
1...@dont-email.me>,
David Froble <
da...@tsoft-inc.com> writes:
> Bill Gunshannon wrote:
>> In article <kpaa7u$f7s$
1...@dont-email.me>,
>> David Froble <
da...@tsoft-inc.com> writes:
>>> Bill Gunshannon wrote:
>>>> In article <
d520f739-10eb-4dec...@googlegroups.com>,
>>>>
dgso...@gmail.com writes:
>>>>> On Wednesday, June 12, 2013 2:44:37 PM UTC+12, Bill Gunshannon wrote:
>>>>>> In article <
5gkk8a-...@nntp.local.net>,
>>>>>>
>>>>>> Single Stage to Orbit <
alex....@munted.eu> writes:
>>>>>>
>>>>>>> With the news that HP is to take VMS out the back and put a bullet
>>>>>>> through its brains, can we hope that HP will open source the whole thing
>>>>>>> so that people can keep using it?=20
>>>>>>
>>>>>> Not a snowball's chance in hell.
>>>>> Is there any particular legal or technical reason why HP couldn't
>>>>> open-source it?
>>>> It would take an army of engineers and lawyers to go thru every single
>>>> line of code to determine that they actually have the right to do it.
>>>> Someone has to pay for that. HP is very unlikely to be willing to
>>>> accept that cost as they would be getting nothing in return and it
>>>> is just as easy to just destroy everything and let it die.
>
> I question this line of argument.
>
> If there are royalties being paid, HP surely knows to whom and why.
Royalties do not have to be paid for someone else to actually own
the IP. Just because HP had permission to use something, royalty
fee, does not mean they have the rights to pass that benefit on to
third parties.
>
> I'd think that HP has the right to sell, or give away, anything in VMS.
Not necessarily the case. Look at the infamous AT&T lawsuit. You would
have thought that BSD had the rights to give away the software they had
been developing. AT&T's lawyers thought otherwise. And they won.
> Now, the rights of whoever gets the software might be another issue.
> But it would be their issue, not HPs.
Not necessarily so. HP could be held liable for not protecting IP
that had been entrusted to them with the understanding that they
would, in fact, keep it safe.
> So in such a case there would not
> be this assumed cost to HP.
But can they afford to take the risk? What is it we keep hearing about
"due dilligence"? And, the easiest solution is to not release any of it.
That costs them nothing. Releasing it could cost a lot and contrary to
what people here seem to be saying (could people here actually be biased?)
There is no real gain for HP if they give VMS away.
>
>>>>> Assuming they haven't sold it they presumably still
>>>>> hold copyrights for most of the core platform.
>>>> An assumption that would take that army of engineers and lawyers to
>>>> determine.
>
> Why? If someone has a problem with the users of the open sourced VMS,
> they can inform said users of their rights, and I'm sure something can
> be worked out, or, decide that that particular piece is no longer needed
> in VMS, take it out, and send said right holders on their way. If it
> was important, replace it with new code.
Or just sue everyone for infringement of their IP. That's how lawyers
make their money. And HP has a lot of high-priced lawyers on staff to
make sure that doesn't happen. And the easiest way to do that is to
just say "no". Let's go back to the HP Educational Use License issue.
After much discussion with HP they sent me a copy of what they were
proposing. I took it to the University Counsle. Her immediate response
was, "We can't sign that." That is the crux of the matter. The easiest
path for HP's lawyers to take is to advise burying all of it and never
letting it see the light of day again. I am waiting for someone to come
up with any possible real benefit to HP from risking possible liability
by releasing it into the wild.
>
>>>>> If approval was given
>>>>> all someone would really need to do is slap a new license header and
>>>>> copyright statement at the top of each file HP hold copyrights for
>>>>> and dump it on an FTP server somewhere.
>>>> And even that would cost quite a bit and again, what would HP be getting
>>>> out of it to justify the expense? Good will? Hardly. Most of the IT
>>>> world is unaware of VMS and probably couldn't care less. That leaves
>>>> a handful of C.O.V denizens who want to continue running it in their
>>>> basement. hardly a justification for the cost or the potential liability.
>>>>
>>>>> It may just take some motivated people with contacts in HP to make
>>>>> something happen. Considering the alternative I'd think it would
>>>>> certainly be worth a try...
>>>> Worth it to who? You? HP?
>
> To me. That's enough for me.
Yes, but neither own it nor have the potential liability from releasing
it. Seriously, what is in it for HP? Good will? With who?
>
>>>>> Of course if everyone within the community is content to see OpenVMS
>>>>> ultimately go extinct then without a doubt that is what will eventually
>>>>> happen.
>>>> One need only look at the fate of other similar products. Once again I
>>>> have to bring up the PDP-11 OSes. Probably less than a tenth the number
>>>> of lines of source code and all attempts to pry it from the hands of its
>>>> owner since its demise have been fruitless. And guess who the top of
>>>> the IP foodchain for these OSes is. :-)
>>>>
>>>> bill
>>>>
>>> I think that JF has been outdone. We have a new #1 ney-sayer ....
>>>
>>
>> What's the difference between a nay-sayer and a realist? I spent many
>> years fighting to keep VMS in the university environment. I went head-
>> to-head with their management trying to explain why their "education"
>> program was not going to fly. We all know where that ended. (I just
>> asked at the datacenter today and all VMS is now gone from here, not
>> just from the academic side.) I have been involved in a number of
>> other cases where a desire exosted to save some piece of defunct
>> software. None of them were ever succesful. In at least two cases
>> I was directly involved in the current holder of the IP openly admited
>> that they deliberately destroyed all copies of the sources.
>
> A university environment might not be the best place to observe the
> benefits of VMS. They don't care. They don't have critical processes
> controlled by computers. You probably know this better than most.
Well, many years ago people here were constantly talking about the
potential good of having VMS still present in academia. But that
totally aside, do you realize how many universities ran their entire
enterprise on VMS? Banner was one of the most common administrative
systems and it ran on VMS. Oracle? Long after academic use had all
but disappeared here we still had a room full of VMS boxes without
which the university cold not function. Academic institutions have
critical systems, too. And even non-profit universities are multi-
million dollar operations.
bill
>
>> Go ahead, get your hopes up. Sometimes it takes getting knocked down
>> real hard to get a point across.
>>
>>> VMS is more than just a bunch of hobbyists. But you know that. You're
>>> just having fun. why don't you go change the oil in the MG ??
>>
>> Is it? At this point, anyone who is not just a hobbyist who is betting
>> their business on VMS is a fool. It's not like the writting hasn't been
>> on the wall for a long time.
>>
>> As for the MG, fuel pump is on the way and I expect to be driving it
>> in about two weeks. I would expect everyone here to be an MG owner.
>> We all like antique systems and we are all gluttons for punishment.
>>
>> bill
>>
>>
>>