HP Offers Linux Purchasers Indemnification 326
PnViking writes points out this story in the Detroit News, writing "HP is now covering any claims from SCO if you bought Linux and have a support contract from them: '"We will provide full indemnity across the entire suite for any SCO-related action," said Martin Fink, HP's vice president of Linux. "If (customers) were to get sued by SCO, we would take over their defense and assume liability on their behalf."'" The catch is, you have to be running it on HP equipment ;)
Proof (Score:5, Insightful)
Re:Proof (Score:5, Insightful)
Tough for them to sell HP Hardware and Linux solutions if buys are worried about getting sued if they do buy.
AlricTheMad
Re:Proof (Score:5, Insightful)
It's a risk/benefit thing. HP get the benefit of the world knowing they're covered under HP. HP know the risk SCO's claims mean anything is less than that benefit.
Re:VERY TRUE WORDS... (Score:3, Informative)
You're sure about that? From another article [computerworld.com] on the same announcement:
Re:Proof (Score:2)
Not only that, but if SCO sues a series of Linux users and HP stands between SCO and the user, HP will still have all the remaining HP-Linux buyers to back the lawsuit costs. No matter if the users are sued are 10 or 1000.
Anyway, I think that the "HP official server" (or workstation) shipped with Linux still covers a small part of
Let's not forget... (Score:5, Insightful)
They did sue IBM for violating "their" IP which has nothing to do with Linux or the GPL.
Re:Proof (Score:5, Informative)
Vendors are slowly realising that customers are increasingly clued-up about where, how, and on what they spend their money. I was with a customer recently that had been badgered and hammered around by Sun to upgrade their systems. The customer saw no good reason to do so, and subsequently, Sun came around to provide a "free systems review", with a resulting verdict that the software and (SPARC) hardware was out of date. The customer agreed about the software part, and deployed Linux across the ageing SPARC estate. The stuff is now faster, better, and easier to manage, and they recon they a have a few more years of life out of those systems.
Sun turned around and claimed that the systems are now unsupported - not a big deal, customer said. if it breaks we will buy new (Intel.... hehe). Sun then turned around and went to the CEO and the legal department, talking about indemnification, SCO, courtcases and the world coming to an end. Luckily, the customer was not fazed, and Sun lost a *lot* of goodwill in that place. However, other customers will be scared and bullied into going along.
If they only way you can flog your hardware is by using scare tactics, then you are *really* selling a pile of crap.....
Re:Proof (Score:5, Insightful)
However, I see nothing unreasonable about HP's position that they will indemnify only their own customers. What are they supposed to do: provide a contact e-mail address for free legal assistance, to be used by people who have downloaded Mandrake to run on their IBM PC and then subsequently received a threatening letter from SCO?
Re:Proof (Score:2)
Re:Proof (Score:3, Interesting)
Re:Proof (Score:4, Insightful)
How? HP is more or less defending EVERYONE by doing this. Anything gleaned from one suit can be used by all...
I suspect that if SCO finds some end user who doesn't have the funds to defend himself, the Red Hat fund, and others will step up to the plate.
Besides, the chances of SCO filing suits against end users is nil right now. It's all a threat that makes great FUD for their Microsoft and Sun masters...
SCO doesn't have the money to file lawsuits like the RIAA does, in many jurisdictions, and to defend themselves against the counterclaims.
They also can't risk one of these suits coming to an actual TRIAL either, especially before the IBM suit is heard (and disposed of).
SCO's threats are total vaporware. Their ROI value to their MS and Sun investors is to keep the PERCEPTION of threat as high and continual as long as possible.
Re:Proof (Score:5, Insightful)
Err... what exactly are you looking for HP to do? Indemnify EVERYONE who runs linux?
Of COURSE they're limiting this to people who have HP hardware--thats what makes them HP customers!
Re:Proof (Score:4, Insightful)
Comparing HP to SCO is ridiculous. Would you have them assume responsibility for every linux user? No CFO in their right mind would assume that risk for no possible return. Put aside your "all corporations are evil" fanaticism and see this for what it is - a positive move by a large equipment vendor that will help dismiss the scare tactics taken by SCO.
Re:Proof (Score:3, Interesting)
Anyway, you miss the point - I feel they should not get on the whole indemnification bandwagon in the first place. It is a red herring - a scam put in place by SCO, and HP are simply giving the whole crazy "indemnification" story more credibility by pulling w
Re:Proof (Score:2)
Or their hardware is good and they are idiots.
Re:Proof (Score:3, Insightful)
It shows that a really big company that has a lot on its mind, a company that could easily just fall at Microsofts feet is ready to stand behind linux.
They are risking something here. No matter how ridicilous we may find the case by SCO none of us will have a single word to say about. It will be up t
Re:Proof (Score:3)
Like why should a company offer indemnification to somebody not running the company hardware and some 3rd party distro of an open source -- in the case of HP. Or indemnification for somebody running ancient hardware with software that that they didn't distribute or qualify?
It's great that your friend/customer was able to extend mileage out of it's aging Sun Equpment. It sp
Re:Proof (Score:2)
Re:Proof (Score:2, Informative)
Comment removed (Score:5, Insightful)
HP FUD (Score:4, Interesting)
SCO has no intention to sue Linux end-users [theage.com.au]
And there has to be limitations and fineprint to HP offer. No way HP if offer protection from every SCO case out there. Does that mean I can actively steal SCO code and be free of all legal consequences as long as its run on HP hardware?
Re:HP FUD (Score:4, Informative)
The HP piece clearly lays out the extent of indemnity HP is giving its (hopefully) valued customers, I really doubt they would be slipshod or stupid enough to "fineprint" their customers into a lawsuit. They would probably just rely on the OSS community rectifying any violating code as soon as it is shown to them.
The piece on SCO not sueing is full to the brim of hypocritical statements by SCO execs and lawyers which show that they may or may not sue, probably depending on how many of gullible Companies fall for their $699 invoice.
Re:HP FUD (Score:3, Informative)
SCO has no intention to sue Linux end-users [theage.com.au]
That was an SCO Australia spokesperson talking about the chances of SCO suing someone Down Under. Presuming that SCO had a real case (a big presumption), SCO US could still file suit and honestly say "That wasn't us talking, that was our aussie subsidiary".
"Diplomacy is the art of telling a lion 'nice kitty, kitty, kitty' while you search for a big rock"
- - Unknown
Yeah, SCO's word means a lot (Score:5, Insightful)
Originally, SCO had no intention of suing anyone at all:
According to McBride, [linuxjournal.com] "obviously Linux owes its heritage to UNIX, but not its code. We would not, nor will not, make such a claim."
But at the beginning of August:
"The legal liability [boston.com] for Linux clearly rests with the end user."
"We have the ability [vnunet.com] to go to users with lawsuits and we will if we have to."
McBride and company have never kept their story straight in the past - expecting them to do so now that they've made another statement we like would probably be overly optimistic.
Wow (Score:2, Interesting)
Re:Wow (Score:5, Insightful)
Really, the greatest side effect of major players lining up against SCO is that it will help undo the bad rep SCO gave Linux with the PHB's who don't know anything about tech other than what they see in the Wall Street Journal.
IBM? (Score:5, Interesting)
Re:IBM? (Score:3, Informative)
BTW this is a clear win for HP against both IBM and Dell. Their salesmen can say stuff like "See you are 100% protected, we give a complete solution (unlike dell)etc."
Unless they end up having to actually (extremely unprobable) pay the 699 for all customers.
Re:IBM? (Score:3, Interesting)
And you may have just hit the nail right on the head. If HP owns a valid SCO license, and it requires that its customers run an HP provided version of Linux on HP hardware, they may be covered by the license that they own... their customers may already be running a licensed version. So win or lose, HP's customers are covered.
Re:IBM? (Score:3, Insightful)
Of course, this being
Nope, it was SUN. (Score:4, Informative)
No.. Although it was speculated at the time. Also, HP was an original sponsor of the SCO users conference, but pulled out.
The latest 10-Q quarterly report [yahoo.com] from SCO makes it clear that Sun was the other licensee:
We initiated the SCOsource effort to review the status of these existing licensing and sublicensing agreements and to identify others in the industry that may be currently using our intellectual property without obtaining the necessary licenses. This effort resulted in the execution of two license agreements during the April 30, 2003 quarter. The first of these licenses was with Sun Microsystems, Inc. ("Sun"), a long-time licensee of the UNIX source code and a major participant in the UNIX industry, and was a "clean-up" license to cover items that were outside the scope of Sun's initial UNIX license. The second license was to Microsoft Corporation ("Microsoft")"
Reinsured (Score:5, Insightful)
Re:Reinsured (Score:5, Insightful)
Color me paranoid, but maybe this was just some targeting practice at hurting Linux through the legal system. Up till now it was a roaring success. It stirred up a lot of fuss, and some are putting Linux on hold until the matter is resolved. Not a small feat for an obvious non-issue like the SCO claim.
Just keep on bombarding the community with stuff like that, and Linux will get tainted with "perennial legal problems". A library here, some kernel code there... and even if every single one of the accusations turns out to be utter bullshit, many people may get the impression that it's only a matter of time until one of the claims hits home and they get hurt.
Re:Reinsured (Score:5, Insightful)
I'm afraid you are wrong.
Linux will get tainted with "perennial legal problems".
That would be true only if people suspected that SCO had some justification and a chance to win their suit. The way it's turned out (past tense) McBride shot his mouth off one too many times and now people see him as merely bombastic. The big turn-a-round came when he showed 'infringed code' at his not so big West Coast affair last month, and it was quickly shown to be BSD-type legacy code. Combine that with legal-types stepping into the fray with analyses of SCO's chances of proving their claims and you have a complete route. With SCO being counter-sued for IP theft they don't have enough money in their coffers (nor in the Canopy Group coffers) to sustain a legal battle against the charges, and they've exhausted all takers for their bogus Unix 'license'. MS and Sun can only do that once, and no one else is interested.
The only other group of people who 'think' SCO has a chance are those dedicated Microsurfties who push MS PR for personal profit while claiming to be unbiased 'analysts'.
HP came out with this PR tactic because they know the battle is over and SCO has lost. Watch other companies take the same pledge in order to keep their Linux market alive.
Re:Reinsured (Score:5, Insightful)
If the GPL and Linux can withstand the next few years in court, a new image might emerge. People might look at linux as "the OS everyone tried to kill, but couldn't".
With so many twists and turns recently, I wouldn't dare predict what will happen, but I am generally optimistic.
Oh, and the HP thing? It's like selling meteor strike insurance to all my friends & acquaintances. I mean, there is a chance that SCO could successfully sue a corporate linux user, but a very small one. Plus, didn't SCO say HP wasn't a target on their radar screen because HP UX was a properly licensed unix from way back?
HPaq equipment... yuck (Score:2, Funny)
Re:HPaq equipment... yuck (Score:2)
I do know that HP makes some decent hardware, and Compaq makes some outstanding blade servers. However, their general perception lies in their lack of quality in desktops, since they sell more of those than anything else. Plus most of their printers these days seem to have plastic gears and spindles in them, which don't like to last too long. So overall, I would say that MOST of HP's hardware is crap.
In their defense, most p
Re:HPaq equipment... yuck (Score:2)
And as for your assumptions, I neither have a pavillion, nor use MSN. Actually, I have several PC's at the house, a few I built, and a few I bought. I've been a professional developer for over 12 years, and a programmer in general for over 20. I have supported HP workstations, and they suck to. Mainly because they can't seem to get good BIOS, and replacing hardware that's not the exact spec of the original can be a PITA. Their enterp
Man, (Score:3, Funny)
Re:Actually, the stock may go higher (Score:2)
So do you like Bluestar? (obscure reference)
Yeah, I'm lost.
Good move on HP's part... (Score:5, Insightful)
AND at the same time they likely won't have to invest much in legal work - SCO doesn't really have a case (as has been demonstrated) and doesn't have the money to take on another big lawsuit anyways (think they would go after HP while the redhat/ibm lawsuits are out there? Not likely... their warchest has to be getting a bit less weighty these days)
Re:Good move on HP's part... (Score:3, Informative)
Maybe good as a competitive move against IBM, but bad for Linux and good for SCO...
HP's Actions Support SCO's Position That Linux is not Free [prnewswire.com]
Yay, HP! You've handed SCO an opportunity to spread more FUD. Do you think we'll be hearing from Ms. DiDio soon?
Gee, I wonder why IBM didn't do this.
Re:Good move on HP's part... (Score:5, Insightful)
SCO would have spun this anyway they want. If HP didn't offer indemnity for this vacuous case, then SCO claims HP is running scared of the court action and is letting its users hang in the wind.
If, on the other hand, indemnification is offered, then HP lends validity to SCO's claim.
In other words:
HP: We don't assign any validity to this case.
SCO: Aha! So you admit that there is a case. Hey everyone, HP says there is a case! Y'hear - HP says SCO will win its case!.
Sorry, but these guys are in spin overdrive; they can't even tell truth from lies any more.
--Ng
Re:Good move on HP's part... (Score:5, Interesting)
Re:Good move on HP's part... (Score:2)
So, on the surface it looks stupid. It looks even stupider to switch the registered titles to a generic lease holding company in response to all the publicity. But it is really no more egregious behaviour than any other company that has private jets.
Re:Good move on HP's part... (Score:2)
Re:Good move on HP's part... (Score:2)
Re:Good move on HP's part... (Score:2)
a question? (Score:2, Insightful)
What exactly is Hp indemifying since it woudl automatically win any lawsuit in this case given the conditions above?
Re:a question? (Score:3, Insightful)
finally (Score:2, Insightful)
superb news (Score:2, Insightful)
Ok there might be the catch... (Score:2, Interesting)
I also think that HP doesn't start a campaign like this without being convinced that SCO claims have no ground. I wonder if they discovered something we don't know...
Re:Ok there might be the catch... (Score:3, Interesting)
They don't have to know anything we don't know to be confident of the outcome of this debacle. SCO have built a sand castle out of expedient fabrications. Courts have done stupid things in the past, but it would take an exceedingly stupid judge on an exceedingly bad day to look at this and see anything other than the dying litigious gasp of a company taken over by ravening weasels staging an epic pump and dump.
This is such a farcical case, in any re
Keep in mind the caveat (Score:3, Interesting)
Having said that, I expect Big Blue to follow this up with a reversal on their current stance. Having poured in so much money into Linux, it would appear rather hypocritical not to.
Thanks for the best news I've seen here in a while.
Re:Keep in mind the caveat (Score:2)
[/me Cobbles together makeshift Sharpie-style [sharpie.com] HP OpenView logo for front of what is left of my case]
Making party signs
Marking toothbrushes
Protecting assets from SCO
Coloring Easter eggs
Checking off items on checklist
Competitive Wager... (Score:5, Insightful)
It's entirely possible that HP is making a calculated gamble that they can steal IBM's potential Linux customers out from under them by offering indemnification, even if they aren't 100% sure they have a defensible position.
Of course this brings up the point I was discussing with a friend of mine the other day: SCO's entire case for licensing binary versions of portions of the Linux kernel relies on forgiving them for ignorantly distributing these portions under the GPL. If such a courtesy is extended to SCO due to their ignorance, I doubt it would be denied to customers who were ignorantly violating SCO Group's so called intellectual property.
Tomorrow's HP news... (Score:2, Funny)
This is very cool. (Score:2)
Thank goodness for competition (Score:3, Insightful)
Yet again, Ayn Rand is shown to be correct.
Mebbe Carli signed her deal with devil ? (Score:2, Interesting)
This is not the old HP.. (Score:4, Interesting)
There is still that "unknown" licensee of SCO's supposed linux license..
It is doubtful that HP licensed from SCO (Score:3, Informative)
Re:It is doubtful that HP licensed from SCO (Score:2)
Yes, they did not license Linux. They licensed UNIX. SCO has one anonymous licensee. Guess who it is. HP is canny enough to realize they will lose goodwill if they are seen to be paying off SCO. So they made that deal a month or two ago and now that everyone's forgot about it they have come out with this offer.
The quicker this get to court the better. (Score:3, Insightful)
Re:The quicker this get to court the better. (Score:2)
SCO isn't going to shut up. Not until they lose all their suits, get bought, go bankrupt, or the execs get arrested.
SCO isn't being PAID to be quiet. MS and Sun didn't give them that dosh out of the "goodness of their hearts", OR because they feared any lawsuit.
They paid them to yell and scream this shit until the last dollar is burnt.
You can keep your Detroit News (Score:4, Interesting)
Re:You can keep your Detroit News (Score:2)
Damn! (Score:2)
This explains the drop in stock price (Score:5, Informative)
It only makes sense for systems integrators like HP and IBM to support Linux. They are providing a service in putting their systems together and want to catch as much of the value-add as possible. Paying a rent to Microsoft detracts from that.
Awesome! (Score:2)
Their stocks have gone way down... (Score:2, Informative)
http://finance.yahoo.com/q?s=SCOX
PR stunt (Score:2, Insightful)
HP probably doesn't think SCO has got a chance at all, and see the possibility for getting some good PR (they certainly need it, as they are not doing too well in the computer market), both in the IT community and the public at large.
Heck, if they are lucky, maybe even a few people will be lured into buying a HP computer. :)
Catch?? What catch? (Score:5, Insightful)
Perhaps my coffee hasn't kicked in yet, but why would anyone believe that HP would assume liability for people who may not even be customers? If they're going to be doing your company this favor, shouldn't it at least prove it's an HP customer? That seems pretty reasonable to me!
Re:Not quiet. (Score:3, Insightful)
Well, yes, it's entirely possible. On the other hand, why should HP subsidize your purchase of a Dell CPU with a legal indemnity? This is not an altruistic idea on their part. They intend to profit from the indemnity. Software hardware and service contracts are all profit centres.
The nice thing about this is that it puts the shoe to the likes of MS saying "so why don't
Variety is the spice of life (Score:3, Funny)
A
Re:Variety is the spice of life (Score:2)
Let me be the first(?) to say (Score:3, Interesting)
That this is stupid. Indemnification is a strawman. This is like arguing with it.
Good for HP but ....... (Score:4, Insightful)
First this may strengthen and not weaken SCO's claims ("If SCO is wrong as anybody claims why do they offer me indemnification?")
Second I think that smaller companies have a harder sell now to bring Linux to customers since they don't have the deep pockets to give the same indemnifications for their customers.
If you can only sell Linux with an indemnification program only the Big Boys can do it and that is not something I want to see.
Re:Good for HP but ....... (Score:2)
But it's a temporary thing until this gets run out of court. I understand your point - I just think the increase in the community's confidence in Linux due to HP's stand overshadows any large-vendor affiliation side effect.
Dammit. I broke the 3-syllable limit. I won't do it again, I promise.
Re:Good for HP but ....... (Score:5, Insightful)
Sorry, but this is totally incomprehensible to me. How can HP saying "we are sufficiently confident of the weakness of SCO's case that we are willing to assume the supposed liability for free" possibly strengthen SCO's case?
Re:Good for HP but ....... (Score:2)
Bad News (Score:2)
Re:Bad News (Score:2)
SCO are being offered credence, by the markets at least. The current market price can only be justified by an assumption that SCO are going to make hundreds of millions of dollars either from IBM or from Linux users.
This attacks that assumption. Nothing anyone can say carries as much weight as HP putting its money where its mouth is.
Re:Bad News (Score:2)
Slashdotters can rant all day long and it won't amount to anything. HP is putting its money where its mouth is; that's the real way to dis SCO.
if IBM offered indemnification (Score:2)
IBM has offered to "protect their customers" (whatever that means). Didio has already pointed to that as evidence that scox has put IBM customers are in a positon where they need IBM's protection.
SCO on tour! (Score:2)
http://www.sco.com/partners/city_to_city/oct2003/ [sco.com]
Re:SCO on tour! (Score:2)
Show up in a penguin suit.
Re:SCO on tour! (Score:2)
SCO reserves the right to withdraw registrations using our discretion.
Just a heads up...
indemnification is bad (Score:2)
Note also that th indemnification is probably not worth all that much: do you really think you are the one they would come after? And how much could they realistically get for a piece of software yo
huh (Score:2)
It's about the Benjamins. (Score:2, Insightful)
Sure, their execs are making a bundle, but they'r
Marketing via backlash (Score:4, Interesting)
Though in reflection, their egregeous approach to an unsubstantiated claim was bound to provoke a backlash. And it was bound to be something that people would take advantage of.
Did SCO even see this? My guess, no. They're up their in their own little world.
You must look for the connection.... (Score:3, Interesting)
http://www.caldera.com/2003forum/agenda.html
SCO and HP are friends. I would not be surprised if SCO made a deal with HP to let them off the hook in order for HP to do this little indemnification campaign to sell more of their computers.
What can you do about this? Do not buy HP products, or products from people who deal with SCO.
Effect of Red Hat suit? (Score:3, Interesting)
If SCO had the guts to take on HP, they would have had the guts to take on Red Hat. In actively running away from Red Hat they have invited this.
What is indemnification anyway? (Score:2)
So what exactly are they offering? Can somebody post the fine print?
You people crack me up. (Score:2)
Do you HONESTLY expect them to cover your butt if you build your own systems and download linux from redhat for free? THAT is why people say OS people are commies. You expect someone to give you something for nothing.
Then other posts on here staying oh its just a marketing ploy by HP. And you guys are the EXACT SAME people who a week ago were saying "why don't these companies protect us from lawsuits???"
I say bravo HP! I build my own system
Wow! SCO spin doctors at work! (Score:2)
SCO's weakest yet (Score:3, Interesting)
Fear not.
On the history of UNIX and on the details of intellectual property law, the average Nasdaq investor is less knowledgable than the average slashdotter.
But on the mechanics of business disputes and the running of companies, they are more knowledgable. They are not idiots, and they will interpret this as "HP's lawyers have spent a lot of time looking at this, and
Predictable SCO response (on yahoo) (Score:3, Informative)
GF.