[CLUE-Talk] HP to Protect Customers from Linux Claims

[Joe 'Zonker' Brockmeier]

On Wed, 2003-09-24 at 16:47, Kirk Rafferty wrote:
> On Wed, Sep 24, 2003 at 09:20:57PM +0000, Dennis J Perkins wrote:
> > Define indemnity.  Will a court and judge agree with your definition of 
> > indemnity or agree with the customer who is suing you over it?
> 
> Hmm, I don't think I made my point very clear.  I'm not saying that
> I think indemnity is right or wrong.  I'm saying that if the market
> demands indemnity, then somebody should (and did) stand up and offer it.
> Not because it's right or wrong, but because that's what the market
> demands.  This is why the RIAA won't stop filesharing...the market demands
> it.
> 
> (Please don't take this argument to it's ridiculous extremes...I realize
> that even thought the market seems to demand Britney Spears and InSync,
> nobody should have ever actually stepped in to fill that demand.)

Ah, but it has already been taken to a ridiculous extreme by suggesting
that a demand created by SCO's FUD be treated as valid. 

I'm firmly convinced, based on SCO's recent jump in stock price and the
fact that the press actually takes them seriously, that if enough
analysts backed the idea that "the market" would "demand" damn near
anything -- that doesn't mean a company should do it. 

> Sure, why not?  It's basically insurance.  State Farm doesn't manufacture
> my car, but they'll go to court for me if they need to, even if it's
> Ford's fault.

Apples and oranges. If a single Ford Escort has an accident, no biggie
for State Farm. If every Ford Escort turns out to be defective in a
dangerous way, State Farm can turn around and sue Ford for damages. If
Linux turns out to be an actual liability in terms of IP claims, who can
HP turn to? If HP loses $100m in a lawsuit for shipping Linux, how will
they recover it? Even if they find a developer to blame, there's no
chance they'll actually recover their losses. 

Zonker
-- 
Joe 'Zonker' Brockmeier
jzb at dissociatedpress.net
Aim: zonkerjoe
http://www.dissociatedpress.net