Consider, though, that you cannot install or update an MPE/iX OS with a
data backup tape --  a system load tape is required.  Therefore, while you
may have most or even all of the OS files on the backup, it's unusable to
install the OS on any system.  This might be a nitpick, but it might be a
loophole around the difficulty you suggest, IMO.

Lee Gunter
Regence BlueCross BlueShield of Oregon / Regence HMO Oregon




From: Bryan Greenberg <[log in to unmask]> on 03/30/99
      02:20 PM

Please respond to [log in to unmask]


To:   [log in to unmask]
cc:    (bcc: Lee Gunter/BCBSO/TBG)
Subject:  Re: HP crackdown on resellers




Bryan Greenberg states about backup copies and licenses,

(blasphemy about using an AS/400 snipped ;)


Joe Geiser adds:

>Actually, most licenses allow and permit archival copies of said
software in their license agreements.  <snip>

>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.

Bryan comes back:

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