Con Zymaris conz at cyber.com.au
Wed Jul 14 13:29:01 UTC 2004

On Wed, Jul 14, 2004 at 02:30:26PM +0930, David Ruwoldt wrote:
> 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?

Same as with proprietary software. If identified, it gets removed.

> Who indemnifies the customer running the illegal software?

Can you give me pointers to where anyone indenmifies a customer for 
illegal software? Show me where it says so in your EULA. I'll wait while 
you look.

> 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?

The joke here is that SCO has no case of IP misuse, and have admitted as
much. Here's another instance where this isn't the case:

 SQL Server developers face huge royalty bills. How many, how much?

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

Do proprietary vendors do that now?

Con Zymaris <conz at cyber.com.au> Level 4, 10 Queen St, Melbourne, Australia 
Cybersource: Australia's Leading Linux and Open Source Solutions Company 
Web: http://www.cyber.com.au/  Phone: 03 9621 2377   Fax: 03 9621 2477

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