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Ms. Giera is mistaken.
Indemnification is a red herring.
IBM knows it and so does HP. HP knows that they are assuming very little actual risk for a big potential PR win.

First of all SCO's suit is not over IP infringement. It's about a contract dispute. It's also more likely that GPL'd IP is in SCO's proprietary software if only for the fact that everyone has access to the source. Does SCO indemnify their Unix customers? Not a chance. Some of the code in question which was made public was quickly shown to have been previously released under the BSD lisence.

Buying IBM products offers inherent protection. With their copyright holdings and their vast patent portfolio it would be almost sucidal to go after IBM (As SCO is now learning).

As far as indemnification against any supposed IP infringements in the Linux kernel, even if IBM looses against SCO the damages that would be pais by IBM are in fact indemnification. Courts are not likely to award payment of the same damages twice. So in effect IBM is in a way indemnifying their customers.

SCO can't see to come up with products that companies want. Instead they engaged in an extortion scheme in which they were hoping for IBM to buy them out or settle. No offer came and SCO, desperate for one of these outcomes, has tried to up the ante with their ridiculous rhetoric.

If there were any merit to the claims in the article of the need of indemnification, then we would see the adoption of GNU/Linux/OSS slow and this is clearly not the case.
Posted by: Tim Patterson   Posted on: 10/27/03 You are currently: a Guest | Members login | Terms of Use
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Alternative open source with protection  richardgreavus | 10/27/03
Ms. Giera is mistaken.  Tim Patterson | 10/27/03
Well Said  issthatso | 10/27/03
So why not do it then?  No_Ax_to_Grind | 10/27/03
Maybe...  zip_z | 10/27/03
Because indemnity destroys the spirit of OSS  Robert Crocker | 10/27/03
Two points.  No_Ax_to_Grind | 10/27/03
Is this leading somewhere?  IT_User | 10/27/03
about voiding warranties  voska | 10/27/03
re: So why not do it then? Because Don....  bgoss@... | 10/27/03
She also speaks of "Open Source", when cearly she means "Linux Kernel"  dw@... | 10/27/03
Didn't IBM Assume the Risks?  jasonvp | 10/27/03
Wrong assumptions  Kyfho | 10/27/03
Maybe web developers can be indemnified for Eolas's successful case?  dw@... | 10/27/03
Ms Giera is Misleading the Public  ssharkey | 10/27/03
These new talkbacks suck (and blow)  Patrick Jones | 10/27/03
You'd be surprised how much a veteran will wilfully hold back an industry..  dw@... | 10/27/03
Websphere? All open source projects not just Linux?  EricMarts@... | 10/27/03
IDE for WAS is open source  ejhonda | 10/28/03
How do You Spell Wrong!  chohman | 10/27/03
Julie Giera, do you have a clue what you're talking about?  zd-spam | 10/27/03
Hogwash  Robert Crocker | 10/27/03
Nothing to lose? Then just do it.  No_Ax_to_Grind | 10/27/03
Nothing for IBM to lose, everything for OSS  Robert Crocker | 10/27/03
Straw man arguments?  No_Ax_to_Grind | 10/27/03
Message has been deleted.  dicktaurus@... | 10/27/03
No straw, pure meat  Robert Crocker | 10/27/03
Robert, your not listening.  No_Ax_to_Grind | 10/27/03
You may need a new "Bit" to sharpen your ax.  Robert Crocker | 10/28/03
I know, and you know, but does...  No_Ax_to_Grind | 10/28/03
he he he  none none | 10/27/03
You picked him too? Good 'ol BB, aka TRB. (NT)  Fred Fredrickson | 10/28/03
Ms. Giera is merely a FUD-tool for Paul Allen.  dicktaurus@... | 10/27/03
What's with all the HTML tags?  voska | 10/27/03
They switched to an Open Souce application  No_Ax_to_Grind | 10/27/03
ZDNet: autofill this field!  none none | 10/27/03
Software Risks?  Jose Jimenez | 10/27/03
And who else does?  rkhalloran | 10/28/03
Practitioners vs Propagandists  Robert Hahn | 10/28/03
For those not in the know: Barratry  Fred Fredrickson | 10/28/03
27 Year Veteran of the IT Industry??  BanjoPaterson | 10/28/03
Total cost would be greater than sum of the parts  Richard Flude | 10/28/03
Will we see a similar SCO article?  Robert Crocker | 10/28/03

What do you think?

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