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Re: [vox] [fwd] IP indemnification [MS FUD in the mail]
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Re: [vox] [fwd] IP indemnification [MS FUD in the mail]

Two suggestions:

(1) Tell the client to ask Microsoft how many users of open source
software have actually been successfully sued for such infringement.
and to demand specific examples to back up the response.

(2) While they are waiting for a reply, suggest that they consider
the following very real example which demonstrates that using
proprietary Microsoft products incurs its own legal risks:


-- Rod

On Saturday 09 July 2005 03:50 pm, Bill Kendrick wrote:
> Seen elsewhere.
> ----- Forwarded message from Jay Scherrer -----
> Date: Sat, 09 Jul 2005 14:47:05 -0700
> From: Jay Scherrer
> Subject: [OS:N:] IP indemnification
> Lists,
> Just coming from an eye opening discussion at GSLUG covering the still
> threatening legal issues concerning Open source software and Linux. I
> got what I call a "Bulletin".
> I had just gotten home and checked my US mail. Microsoft had sent me a
> copy of their indemnification policy. Probably other persons on this
> list have received one also. My question as a struggling open software
> consultant, how do we counteract with this type of negative
> advertisement against Open source software. 
> Below are snippets of the enclosed letter titled: Insufficient
> intellectual property rights could be putting your company at risk. 
> As you may be aware, end-user customers can be sued for their
> "unauthorized" use of intellectual property (IP) rights contained in
> software and operating systems products.
> Then the letter goes on to discus Open Source Software:
> "Discuss this issue with your IT staff to see if your company has
> deployed "Open Source" software. Open Source software vendors provide
> no , or very limited , IP indemnification. Deploying open source
> software that your organization downloads or copies free of charge
> typically means your organization receives no indemnification at all."
> The letter then points to a links at www.getthefacts.com/report and
> www.getthefacts.com/protect
> Included with this is a brief document explaining Microsoft's commitment
> to the end user.
> Jay Scherrer  
> ----- End forwarded message -----
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