David Ruwoldt david.ruwoldt at adelaide.edu.au
Wed Jul 14 13:01:01 UTC 2004

Dear All,

Con Zymaris wrote:
> One key advantage that free and open source licences bestow on
> all computer software users is that they are totally free to use and
> install that software in whatever manner and in whatever volume they
> desire.
> This means that users of open source software are far less likely to
> unwittingly, or otherwise, infringe on copyright or licensing terms. It
> also means that mere administrative error in auditing will not expose an
> organisation to liability. 

What happens when IP is found in some open source software that was not 
legally distributed?

Who indemnifies the customer running the illegal software?

I know SCO was a case in point where this happened and they did not seem 
  to have a good case, but what happens when some company does have a 
good case?

As open source companies such as RedHat and others try to sell support 
services will that inlcude indemnification against illegal IP in products?

Who will be held responsible for such legal breaches:
- The application developer in the backyard (No real money to go after), 
- The distro company (If selling services may have real money but are 
they responsible),
- The end user who installed and uses the software (Could have 
considerable money to make a grab at)
- All of the above ?

Yours sincerely

David Ruwoldt
David Ruwoldt
Team Leader, Operating Systems & Services
Information Technology Services
Level 7, 10 Pulteney St

CRICOS Provider Number 00123M
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