IBM should assume software risks

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Ms Giera is Misleading the Public

There is so much incorrect with this article that it's difficult to know where to begin, but here goes.

#1) the SCO-IBM dispute is a contract matter -- it has NOTHING to do with copyright infringement. Read www.groklaw.com for the best coverage of the real issues.

#2) Microsoft and other commercial vendors DO provide "indemnification". BUT, read the contract closely. They limit that indemnification to the retail value of the package. So, when you are sued for $10M for copyright infringement, they will happily refund your $250. There, don't you
feel safer now?

#3) The likelihood of a copyright infringement (or worse, patent infringement) suit is just as high for commercial software as it is for open source.
However, because you have access to the source of the open source package, you can ascertain for yourself the quality, and provenance of the code. And it far less likely for infringement to occur, or remain undiscovered in an open source package, since so many people have access to the code for inspection. Of course, if you are sued, the open source guys will happily refund what you paid for their code .

4) Thus far, SCO has made a lot of noise in the press, but has not offered even one line of hard evidence that any code in Linux has been misappropriated. The very few examples that they have shown have all been dissected, and found to be from free and unencumbered sources with clear provenance.

5) SCO has succeeded in confusing the press, including Ms. Giera, on one critical fact with respect to copyright law: Copyright law cannot be used to sue someone for USING the software. It only applies to someone DISTRIBUTING the software. Thus, most customers (unless they are also in the software business) ARE NOT AFFECTED BY A COPYRIGHT INFRINGEMENT -- THE AUTHOR/DISTRIBUTOR is, but not the user. This would be the same as saying that
anyone who purchases a book which is a copy of a
Harry Potter novel is liable for damages for reading the book. Please - if you're gonna cover
this story, DO YOUR HOMEWORK AND FIND A CLUE!

Posted by: ssharkey   Posted on: 10/27/03 You are currently: a Guest | Members login | Terms of Use

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