Author Topic: IBM DDK License Discussion  (Read 795 times)

Andy Willis

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Re: IBM DDK License Discussion
« Reply #15 on: August 03, 2018, 07:43:32 am »
I guess that the libraries and tool (binaries) of the IBM DDK package will be close source but at least at some point of time those were provided as freeware by IBM (Evidence).
Regards
It was free but you  had to register, which took you to the license page that had the license text you reference above.  It then had I agree and I disagree buttons.  Clicking I Agree took you to the download of the DDK, back then you had to download several zip files to get it all.
« Last Edit: August 03, 2018, 03:19:44 pm by Martin Iturbide »

OS4User

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Re: IBM DDK License Discussion
« Reply #16 on: August 03, 2018, 08:40:30 am »
I guess that the libraries and tool (binaries) of the IBM DDK package will be close source but at least at some point of time those were provided as freeware by IBM (Evidence).
Regards
It was free but you  had to register, which took you to the license page that had the license text you reference above.  It then had I agree and I disagree buttons.  Clicking I Agree took you to the download of the DDK, back then you had to download several zip files to get it all.

Once I did  such a registration and downloaded DDK files for free.  But I was not given any license number.  How can I prove that I am a legal DDK user if  some body asks ?


Andy Willis

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Re: IBM DDK License Discussion
« Reply #17 on: August 03, 2018, 09:26:34 am »
I guess that the libraries and tool (binaries) of the IBM DDK package will be close source but at least at some point of time those were provided as freeware by IBM (Evidence).
Regards
It was free but you  had to register, which took you to the license page that had the license text you reference above.  It then had I agree and I disagree buttons.  Clicking I Agree took you to the download of the DDK, back then you had to download several zip files to get it all.

Once I did  such a registration and downloaded DDK files for free.  But I was not given any license number.  How can I prove that I am a legal DDK user if  some body asks ?
I don't recall receiving any license over even an email upon registering (I could have gotten one and lost it by now but looked and didn't find one).  It may have been that if you accepted the agreement then you could download the files and if you had the files it was because you had accepted the agreement but I don't recall.

Andi B.

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Re: IBM DDK License Discussion
« Reply #18 on: August 03, 2018, 09:42:27 am »
Quote
How can I prove that I am a legal DDK user if  some body asks ?
Who do you think will ask? You wouldn't have your copy if you did not have 'Agree'ed back then when you downloaded it like I did. I know I had to click 'Agree' at the bottom of a long text before I got to the page where I could download the files. In theory IBM may have recorded my IP but I think no one will and can trace back which IP the company used about 15 years ago when I downloaded it. Maybe I had to register with an email address but I don't know anymore.

You do not have to prove that you do nothing illegal. It's the other way around - you are not guilty until someone proves you are. That's the way the justice works in civilized countries (of course we know some arguments from some people are taken more serious than others but that's hardly related here).

Anyway you're restricted to the license you 'Agree'ed independently if you still remember the wording. I don't. But I'm pretty sure it does not allow me to share copies of the sources but I can build my own drivers with them and share the binaries. The sources include -
Code: [Select]
/*    You may use this code in accordance with the IBM License      */
/*    Agreement provided in the IBM Developer Connection Device Driver       */
So if I ever would share my sourced build upon the DDK I would have to search for that.

Btw. my copy does not include a license other then the note above.

Martin Iturbide

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Re: IBM DDK License Discussion
« Reply #19 on: August 03, 2018, 03:33:46 pm »
What nobody ever seems to notice is the line I've emphasized in this section :
Quote
4. Non-Disclosure

You expressly undertake to retain in trust and confidence all information and know-how transmitted to you by IBM that IBM has identified as proprietary or confidential or that by the nature of the circumstances surrounding the disclosure ought in good faith to be treated as proprietary or confidential, (including, but not limited to, source code) and you agree that you will make no use of such information and know-how except under the terms of this agreement. You are required to execute appropriate written agreements with your employees, consultants and distributors sufficient to enable you to comply with all provisions of this agreement. The above non-disclosure provisions shall terminate when the confidential information or source code becomes publicly available through no fault of yours or for a period of 10 years from disclosure. In addition, you agree to maintain adequate procedures to prevent loss of any materials contained in the Product. You agree to notify IBM of any such loss immediately.

The "or" in that sentence makes it difficult to really understand what they are saying. However, it sure seems like the requirement to keep IBM's code confidential becomes null and void if it becomes common knowledge. Given that copies of the DDK have been freely available on the net for years (and thus, "disclosed"), it's hard to see how any of these licensing strictures still apply.

If I were a direct licensee of IBM like Arca Noae, I wouldn't want to test this interpretation. However, a 3rd-party with no direct connection to IBM should probably feel free to do whatever he wishes with his DDK-based code, including making it open-source.

Hi Rich

I also saw that but for me it is hard to interpreter that phrase. "The above non-disclosure provisions shall terminate when the confidential information or source code becomes publicly available through no fault of yours or for a period of 10 years from disclosure. ".  It seem to me that when IBM released for free download  (with registration) the IBM Code it marks the time the disclosure, and that is not our fault :)    It may look like legally, since it s more than 10 years of that, it does not matter if the source code of the derivative works is shared or not, but that is just my interpretation of the text. (Lawyers revision is advised)

For sure the "4. Non-Disclosure" was created for the old non-internet days.

Regards
Martin Iturbide
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Martin Iturbide

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Re: IBM DDK License Discussion
« Reply #20 on: August 03, 2018, 03:41:47 pm »
Hi

I would like to see a copy of the "Device Driver Source Kit for OS/2" to see which license does it has.  There was versions 1.0 (Jul 1993),  1.1 ,  1.2 (Feb 1994) - CD P/N: S71G-3703-02. If someone has it please let me know if (Contact me in public or privately).

And it will also be interesting to know how OS/2 Device Drivers sample source code was distributed before of Jul 1993. It will be nice to know the license and also maintain the chronology at EDM/2 wiki.

Regards
Martin Iturbide
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André Heldoorn

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Re: IBM DDK License Discussion
« Reply #21 on: August 04, 2018, 04:20:06 pm »
Quote
it will also be interesting to know how OS/2 Device Drivers sample source code was distributed before of Jul 1993.

How old is DevCon 1?