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

Kirk Rafferty kirk at fpcc.net
Thu Sep 25 08:54:05 MDT 2003


On Wed, Sep 24, 2003 at 10:04:39PM -0600, Joe 'Zonker' Brockmeier wrote:
> On Wed, 2003-09-24 at 16:47, Kirk Rafferty wrote:
> > (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. 

It may very well be ridiculous.  But if enough people want it, then it
becomes a legitimate demand that needs to be filled.  My example was a
silly one (and indicitave that I have a teen and a pre-teen), but think
of all the ridiculous things out there that get provided simply because
people want it.  Reality shows anyone?

I do think, however, that indemnification is good posturing against SCO.
And even though SCO try to twist indemnification as proof that there's a
problem with Linux, I think most people will see it as just rantings from
the SCO Information Minister.

> 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. 

No doubt that the media drive a lot of demand.  I know that everytime I
went into my old PHB's office, and saw him reading PC Magazine, it was
time to batton down the hatches, because he was reading John C. Dvorak
with a gleam in his eye.  ("Okay, I know that Mr. Dvorak thinks that we
should convert everything to wireless, but let's just think this through,
mmmkay?")

As far as SCO's stock price increase, I'm convinced the whole thing is
market manipulation.  I fervently hope the SEC investigates 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. 

You took my analogy too far.  The poster asked if you could indemnify
a product that wasn't even yours.  My answer was yes, and I defended that
position by using an insurance analogy.

Best regards,
Kirk



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