Bryan Greenberg states about backup copies and licenses,

(blasphemy about using an AS/400 snipped ;)

> Most companies are only going to start crying foul if the violation of
> the license agreement is so you either don't have to pay money for the
> software or you intend on profiting from the resale of said
> software/hardware.  Having an archived copy of the operating system on
> a backup tape for a system you no longer own violates the
> letter of the
> license but not the spirit.  If you are fortunate enough to stumble
> upon a Series 48 (for example) and have no intention of reselling it
> for a profit I don't think any harm has been done.  Maybe Borland was
> onto something with their "Book License".

Joe Geiser adds:

>Actually, most licenses allow and permit archival copies of said
software in their license agreements.  To not permit this would be
suicidal in Disaster Recovery >situations.  It is because of this, that
a backup copy is permitted.  There may be a limit on the number of
backup copies -- but at least one backup is permitted >and usually
encouraged.

>Therefore, your scenario of having a full system backup of the AS400
just trashed would not be violating the license, as it's merely a
backup copy.

While it is true that you may make archival copies of software
virtually all licenses require the destruction of those copies when the
license is transferred.  This is where the problem comes in.  I make a
backup that includes the AS/400 OS and then sell the machine.
According to the license I must destroy all backup copies of the system
software.  I'm certainly not going to destroy my backups just because
they have the OS on them.  This is the grey area, I've violated the
letter of the license but not the spirit.

Just some food for thought (you know, auditor fodder).

Bryan