INTAC_Internet_Access_Web_Hosting Linux for Windows Users MozillaQuest MQ Logo
MozillaQuest the on-line computer magazine
October 27, 2003

EPIX Internet Services
MozillaQuest Magazine Front Page button

Internet & Web browsers button

custom Netscape & Mozilla themes & skins button

Digital Photography


IRC - Internet Relay Chat - Chat button

Linux buttonLinux for Windows Users

Mozilla button


Netscape button
network articles

tutorial - help - how to button

Web Page Design

Web Tools

Windows button

Tom Carey, Elizabeth Phillips, Blake Stowell, and Mike Angelo dissect HP's Linux Indemnification Promise

Can Hewlett Packard Protect Its Linux Customers from SCO Lawsuits?

By Mike Angelo -- 27 October 2003 (C) -- Page 3

Article Index

SCO-Caldera v. IBM:

SCO-Caldera Sues IBM in Intellectual Property Dispute

UNIX-Linux Dispute, a PR Nightmare for Caldera

Linus Torvalds Comments on SCO-Caldera's Linux-Related Allegations

Conectiva's Gordon Ho Responds to SCO-Caldera's Linux-Related Allegations

Alan Cox, Richard Gooch, and Dave Weinehall Respond to SCO's Linux-Related Claims

IBM Replies to Some SCO Allegations but Hides Lots Too

IBM Moves Lawsuit from State to Federal Court -- IP Attorney John Ferrell and MozillaQuest Magazine's Mike Angelo Discuss the Lawsuit

SCO Clears Linux Kernel but Implicates Red Hat and SuSE

IBM Files Answer to SCO's Caldera v IBM Complaint

IBM Response to SCO-Caldera Complaint Is Outrageous!

SCO Has Not Found Its Code in Kernell.Org Linux Kernel or in GNU/Linux OS -- Conectiva, Mandrake, and SuSE Say No SCO in Their Code

Kernel.Org and GNU/Linux Developers Have Clean Code Safeguards -- Is SCO Trying to Dictate Linux Kernel and GNU/Linux Development Procedures?

Novell Says SCO Does Not Own Unix IP -- SCO Says it Does -- Novel Enters the SCO IP Fray with No Proof and More FUD

IS SCO NDA Sideshow Setting a Trap for Analysts and Linux Developers?

SCO +1, Novell -1 in SCO v Novell Unix-IP Feud -- Novell loses big round in Unix IP fray with SCO-Caldera

German Courts order SCO-Caldera to Stop Anti-Linux FUD - German Penguins Launch Successful Counter-Attack in SCO v Linux War

Munich Court Rules SCO Anti-Linux Statements FUD - Tarent Seeks Contempt Order Against SCO

Only 80 Lines of Common Unix and Linux Code -- SCO-Caldera Shows No Proof That Linux Was Derived from Unix

SCO Registers Unix System V Copyrights -- IBM, SuSE, and Richard Gooch Deny SCO-Caldera Copyright Claims

GNU/Linux Might Be Free of SCO Threats --SCO Agrees IBM Owns AIX, JFS, NUMA, RCU Copyrights

Is IBM's Irrevocable Unix License Revocable?

Does SCO's Amended Complaint Meet Burden for Summary Judgment? -- SCO-Caldera v IBM Complaint Changed Dramatically

Are SCO's Rebuilt IBM Lawsuit and Unix License Revocation Winners -- Or More SCO FUD?

Part I: Overview and Prologue

Part II: Tom Carey and Mike Angelo Discuss SCO's Amended IBM Lawsuit Complaint and Unix License Revocation

U.S. GNU/Linux Community Fights Back -- Red Hat Files Complaint Against SCO FUD & Funds Defense Against SCO Claims

IBM Seeks Money Damages and Injunctions Against SCO-Caldera - IBM Answers SCO's Amended Complaint and Adds a Counterclaim to Boot

Get full IBM to SCO Answer and Counterclaim text -- 22-KB download

IBM Ups SCO Lawsuit Ante to Include Copyright and Patent Infringement - Counterclaim Adds Linux Copyright Issues to the Fray

SCO Asks Court to Throw out Red Hat Complaint Against SCO - Tom Carey and Mike Angelo Discuss SCO's Motion to Dismiss Red Hat's Lawsuit

SCO-Caldera & the GNU/Linux Community:

Blake Stowell for SCO

MozillaQuest Magazine: From your press release about the HP indemnification program, it seems that SCO approves of that program, is that correct?

Blake Stowell: I wouldn't say that we necessarily approve of the program, only that if we were in HP's shoes, we would probably do the same thing. HP feels compelled to protect their customers, so from that standpoint, they are doing everything they can to accomplish that. At the same time, if they want to indemnify their customers in this way, they are taking on a pretty huge financial burden by doing so.

MozillaQuest Magazine: Also, how does HP's Linux indemnification program fit in with HP's Unix license?

Blake Stowell: They are really two separate things from two very different sides of their business. HP does a healthy UNIX business from HP-UX, and also from the HP servers that ship with UnixWare and OpenServer from SCO. We believe that HP's UNIX license is in good standing the same way that Sun's and others are in good standing by honoring the terms of that license.

Blake Stowell: The Linux side of HP's business is an area where we really have very little interaction since having suspended the sales of Linux products from SCO.

MozillaQuest Magazine: Does not the standard first-level Unix License such as the ones HP, IBM, Sequent, SGI, Sun, and so forth have allow those first level licensees to sell Linux products that might have SCO-owned and or copyrighted Unix code in them?

Blake Stowell: UNIX licensees have the right to license UNIX, create derivative works based on that license (in the case of HP they created HP-UX) and create a healthy UNIX business based on that. The UNIX license doesn't address Linux, other than to say that you can't take the UNIX code and contribute it outside of the company's derivative work.

MozillaQuest Magazine: But would that not allow a first-level Unix licensee to include "Unix" code and add that into a Linux product that licensee distributes and then consider that combination of Linux-product code and "Unix" code to be a derivative work of the first-level licensee?

Blake Stowell: No, that would be a violation of their UNIX license. A licensee can't use their UNIX license to cover their UNIX work and then try to have that carry over to also cover any Linux business. It only covers their UNIX products. If you take HP as an example, HP-UX is an authorized derivative of UNIX that was developed within the bounds that HP's and SCO's license set, but any Linux distribution that HP distributes with their hardware is considered an unauthorized derivative. Their UNIX license doesn't cover this.

[Note In part, the SCO v IBM lawsuit is all about determining just what rights Unix licensees have. Simply put, in the SCO v IBM lawsuit IBM's defense appears to include its interpretation of its Unix license that porting its derived-work Unix code to Linux is allowed under its Unix license and the various extensions, amendments, and side-letter thereto. To date, the SCO v IBM Court has made no rulings on these issues.]

MozillaQuest Magazine: If so, then it would seem that under the set of claims SCO has made regarding SCO-owned code in the GNU-Linux operating system in order for a Linux end-user to not be in violation of SCO's copyrights, the end-user must either buy a Linux product or license from such a first-level Unix licensee or buy a license from SCO. Is this SCO's position?

Blake Stowell: SCO's position is that anyone running Linux for commercial business purposes, based on the 2.4 kernel or later, should contact SCO to obtain a SCO IP License for Linux. Purchasing Linux from a UNIX licensee like HP, IBM, or any other company doesn't absolve them from having to purchase the SCO IP License for Linux.

Blake Stowell: In the case of HP, they are saying, "don't worry about purchasing a SCO IP License for Linux, because if SCO approaches you to purchase one, we will step in and either purchase a license for you or we will protect you from any legal claims that SCO may make against you for not having purchased a license." SCO's position on this is that HP customers can either purchase a license now, or they can have HP pay for this license later. Either way, a license will have to be in place to properly compensate SCO for this intellectual property.

MozillaQuest Magazine: There seems to be some atmosphere in some of the SCO IP coverage that SCO has backed off of its position that users must have/obtain a "SCO IP License for Linux" in order to use the GNU-Linux operating system. However, your statement here seems to be that SCO has not backed off on this issue. Is that correct?

Blake Stowell: Right now, SCO is only selling this license to the Fortune 1000. SCO's sales team is focused right now on these much larger companies. We would still encourage customers from small-to-medium businesses to contact SCO to let us know of their interest in the license and to be assured of receiving the lower price for the license that we are currently offering, but we aren't actually selling or shipping any licenses to that group yet.

MozillaQuest Magazine: So what happens to HP's indemnification promise if SCO is right and HP is wrong and HP customers do need to have a "SCO IP License for Linux" and the costs for HP to back up its indemnification promise run HP into bankruptcy? Are the HP customers that are running an HP Linux product without a "SCO IP License for Linux" on the hook to pay SCO or be sued or whatever?

Blake Stowell: While the financial burden that HP has brought upon themselves with this indemnification program could prove to be expensive for them, I highly doubt there is any danger of such a program plunging them into bankruptcy. If there were any danger of that, I'm sure HP wouldn't have offered such a program. You'll need to ask them this question.

MozillaQuest Magazine: What happens if HP defaults on its Linux indemnification promise? Would not HP's Linux product indemnification program need to be backed up by some sort of insurance carrier or underwriter in order to be rock solid?

Blake Stowell: Sounds like a great question for HP. I can't speak for them.

We did ask HP's Elizabeth Phillips about these issues. She said there is nothing in the way of a trust fund, bond, insurance carrier, or underwriter to back up HP's indemnification promises. Additionally, she said that HP is a very large company with some $70-billion annual revenues and therefore could handle its Linux-product indemnification responsibilities.

  • See Tom Carey for the Public's Interest on Page 4 ----->
  • <-- Back to Page 2

    Related MozillaQuest Articles

    • Are SCO's Rebuilt IBM Lawsuit and Unix License Revocation Winners -- Or More SCO FUD?

    Caldera/SCO 3.1.1 OpenLinux Distribution Gains LSB Certification

    Linux Makes a Great Gift

    Don't Forget the Books

    LinuxWorld in New York City -- 21-24 January 2003

    Other Interesting MozillaQuest Articles

    MozillaQuest Magazine Comprehensive Mozilla 1.0 Coverage

    Copyright 2000-2003 -- MozillaQuest -- Brodheadsville, Pa..USA -- All Rights Reserved
    Recent Articles

    Mandrake Linux 9.2 Available

    Young People Are The Future of Linux - Linux and Open-Source Software in Schools and Colleges


    Gaël Duval Tells Why Mandrake Linux Is Better Than MS Windows

    Gaël Duval and Mike Angelo Discuss The HP-Mandrake Computer

    HP to Ship Desktops with Mandrake 9.1 Linux Pre-Installed - Good News for Mandrake Linux and Fans

    Mozilla 1.4 Browser-Suite -- AKA Netscape 7.1

    Gaël Duval and Mike Angelo Discuss Mandrake Business Products and Finances

    SuSE Linux Desktop Available

    About the Hey SCO, sue me Petition

    Mandrake Linux 9.1 Retail Packs

    Linux for Windows Users -- Linux Networking for Windows and Desktop People -- Mandrake 9.1 and LinNeighborhood

    Gaël Duval and Mike Angelo Discuss the New AMD64 OS --

    Mandrake Linux Corporate Server 2.1 for AMD Opteron

    SuSE Linux Enterprise Server 8 for AMD64 Released

    Major Morphing in Mozilla Project Organization and Objectives Proposed

    Red Hat Linux 9 Distribution Released

    SCO-Caldera v IBM:

    • Are SCO's Rebuilt IBM Lawsuit and Unix License Revocation Winners -- Or More SCO FUD?

    Mandrake 9.1-RC1

    Netscape 7.02 Browser-Suite

    SCO-Caldera & the GNU/Linux Community: The SCOsource IP Matter

    Mozilla 1.0 updated!

    Don't Forget the Books

    Linux Makes a Great Gift

    Christmas Season Holidays & Computer Suggestions 2002

    Netscape 7.01 Browser-Suite

    Mozilla 1.2.1 Browser-Suite Released

    Buggy Mozilla 1.2 Recalled

    Mandrake Linux 9.0, Desktop Magic You Can Use: A First Look

    Linux for Windows Users:

    Using LinNeighborhood to Create a Network Neighborhood for Linux

    SuSE Linux 8.1

    Zero Tolerance for Privacy and Security Bugs

    Mozilla and Netscape JavaScript Bugs Compromise Privacy and Security

    Red Hat Linux 8.0 Is LSB Certified

    Mandrake 9.0 is LSB Certified

    SCO's Darl McBride and MozillaQuest Magazine's Mike Angelo Discuss Caldera Linux and LSB

    UnitedLinux: A Standard or a Distribution?

    UnitedLinux, a Divisive Weapon for Caldera's Darl McBride -- Part II

    Holger Dyroff, Gaël Duval, Mark de Visser and Mike Angelo Discuss LSB, UnitedLinux, and the Linux Market

    UnitedLinux, a Divisive Weapon for Caldera's Darl McBride -- Part I

    Netscape Communicator 4.8

    Scott McNeil Discusses LSB

    New Mozilla Roadmap Kills Mozilla 1.0.x

    MandrakeSoft Says Yes to LSB but No to Netscape and UnitedLinux

    Mozilla 1.0 Browser-Suite's E-Mail & News Quick Look

    Mozilla 1.0 Browser Quick Look

    Tabbed-Browsing Coming to KDE's Konqueror Browser

    Mozilla 1.0 Browser-Suite Performance -- Speed, Stability, and Memory Hogging

    Mozilla 1.0 is Officially Out!

    Some Mozilla 1.0 Browser-Suite Annoyances, Bugs, And Issues

    Mozilla 1.0 Not Ready for Prime Time -- Close but No Cigar and No Brass Ring!

    Turmoil in MozillaLand:

    Mozilla 1.0 Browser Sneak Release

    AbiWord 1.0.1 Quick Look - MS Word Clone for Linux, MS Windows, & More

    KDE 3.0 Released

    MozillaQuest Magazine 2001 Editor's Choice Hardware Picks

    Getting Started with Wireless Network Technology

    Part III: Adding Wireless to a Linux-Based Laptop or Notebook

    Is Mozilla Actually AOL-Netscape's Mozilla?

    Bugzilla 2.16 - 2.14.1

    Year 2001 in Review -- Mozilla and Netscape Browsers

    Free Software for Your New Computer -- Or Any Computer

    Linux Gifts for Christmas, Holiday, and All Occasions