Re: Peter still in misery (was: Jan doesn't want Peter to know (was: Peter wants

--- In hercules-advocacy-F5Bj5G+ccuY@xxxxxxxxxxxxxxxx, "Peter D. Ward" 
<pdw@xxxx> wrote:
>somitcw wrote:
>>If the patent says that one instruction must be
>>able to move both to the same or to different,
>>Hercules does not qualify.  Hercules just cannot
>>move to different.
>The rule of law for determining equivalency as laid
>down by the Supreme Court is quite simple: "If two
>devices do the same work in substantially the same
>way, and accomplish substantially the same result,
>they are the same, even though they differ in name,
>form, or shape."

    Is the Hercules software a device or the Intel PC
 a device?  Both?  Neither?  If the software is a
 device, then what in the referenced patent applies
 to Hercules?

>Webbing around one finds:
 - - -

    Webbing can also get quotes from me and you.
 I can use webbing to prove about any viewpoint.
 Has any software emulator ever been proved to
 infringe on a hardware patent?  Does it apply
 to Hercules, Flex-ES, or UMX?  How?  Where?

>>With my unique logic, please ask me if I can
>>legally run Linux, Hercules, and OS/390 on my 9672.
>>How about IMS, CICS, ISPF, SDSF, etc.
>>Or ask me about zSIE.
> Actually, what would be interesting is for you
>toask IBM if you can run Hercules on your 9672.
>If they held some complaint regarding Herc and IP,
>then there might be objections where ever it was run.
>PDW
 
    Thousands of programs run on the 9672.  I'll wait
 for IBM to demand that I check them with IBM before
 worrying about it.

    By the 9672 being bought and the software costs
 being paid, there should be no problem with using
 IBM's IP.


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