Bowling for Linux: The Patent Risk!

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[David Abramowitz]

Bowling for Linux: The Patent Risk!

** This thread discusses the article: Bowling for Linux: The Patent Risk! **
At the risk of being repetitive, this article points out why I cannot recommend Linux to any of my clients, for any purpose. Strange things may happen in the courts when anything likes this ever gets to trial, or even settlement. As IBM manuals used to state "Results are unpredictable!" A legitimate arguement may be made that SCO doesn;t have a legal leg to stand on, or that none of these patent infringements will ever see a courtroom. OTOH decisions handed down by judges over the years show that it is not only possible to beat the odds, but also to enforce the most ridiculous of rulings. One day all of these tangles will be straightened out. I would be amazed if there weren't at least a few surprises in the final rulings. Dave

[Guest.Visitor]

Bowling for Linux: The Patent Risk!

** This thread discusses the article: Bowling for Linux: The Patent Risk! **
If any of the potential patent infringement lawsuits is upheld in court, who will pay? Linus Torvalds? SuSe? Red Hat? Companies using Linux? Who knows? It won't matter, though. By the time this is sorted out, Linux will be replaced by something else that is derivative of some other prior work. Changes happen so fast in our industry that the legal system can not keep up. All technology is derivative of prior intellectual property. My $.02. Tom.

[Guest.Visitor]

Bowling for Linux: The Patent Risk!

** This thread discusses the article: Bowling for Linux: The Patent Risk! **
Dave, I'm with you on this one. My experience over the years is that you get what you pay for. An industry based upon "free" just doesn't have a strong enough foundation to survive. It may not be prudent to put all my eggs in a stolen basket. chuck Opinions expressed are not necessarily those of my employer. "David Abramowitz" wrote in message news:6aefbdcd.0@WebX.WawyahGHajS... > At the risk of being repetitive, this article points out why I cannot recommend Linux to any of my clients, for any purpose. > > Strange things may happen in the courts when anything likes this ever gets to trial, or even settlement. As IBM manuals used to state "Results are unpredictable!" > > A legitimate arguement may be made that SCO doesn;t have a legal leg to stand on, or that none of these patent infringements will ever see a courtroom. OTOH decisions handed down by judges over the years show that it is not only possible to beat the odds, but also to enforce the most ridiculous of rulings. > > One day all of these tangles will be straightened out. I would be amazed if there weren't at least a few surprises in the final rulings. > > Dave

[dmjae2004@yahoo.com]

Bowling for Linux: The Patent Risk!

** This thread discusses the article: Bowling for Linux: The Patent Risk! **
Linux may be free but an IBM improvement may be proprietary and not available for free distribution. Are these improvements finding their way into the open source code without permission of the patent holders? If so, you are dealing with an interesting customer service issue. Check out IBM's LinuxWorld Speach Of course just because you paid for it doesnt mean it is free from patent infringements either. While the potential litigation coming from Microsoft must be evaluated as a risk, however I believe the SCO suit against DaimlerChrysler was dismissed last month. If this is correct I think the published article could have been a bit more balanced by referencing the SCO suit dismissal.

[dmjae2004@yahoo.com]

Bowling for Linux: The Patent Risk!

** This thread discusses the article: Bowling for Linux: The Patent Risk! **
At the risk of being repetitive, this article points out why I cannot recommend Linux to any of my clients, for any purpose. While I dont disagree with the sentiment I do worry about the choice of words here and who is doing a qualitative risk assessment. A number of people in this forum have raised concerns about non iSeries decisions being made based on magazine articles. I do see a parallel to that and your phrasing. The potential patent infringement of Linux is a legal matter. I dont believe any of us here are really qualified to make an assessment of the risk. Therefore when I read " I cannot recommend Linux to any of my clients, for any purpose" the implication is you have made a risk assessment which I see as very different from communicating the potential risk and helping your clients, and possibly their lawyers make the assessment. David P.S. Of course taking this approach AIX is also off the recommended list, since SCO filed claims last week against IBM AIX 5L code.

[David Abramowitz]

Bowling for Linux: The Patent Risk!

** This thread discusses the article: Bowling for Linux: The Patent Risk! **
Dave400 wrote: who is doing a qualitative risk assessment. When I offer a white paper to a client, it is done so based on presentation of facts as I know them. Recommendations are at the tail end, and may or may not be followed. It is not the rendering of a legal opinion, nor is it intended to be. Most importantly, such documents are "asked for", and then paid for by the client. The client may not necessarily follow the current events of the technical world, and would like to be informed. The opinions and recommendations are that of my company, and may or may not be followed. In many cases they are followed up. If the client is inclined they may contact their lawyers for a legal assessment after reading the document. They may not have made such a contact without the white paper. They may also follow my recommendations, knowing that what I offer is not legal advice. In point of fact, on many occasions I have stated that an attorney should be contacted to clarify an issue or three. As an independent, I offer recommendations based on research, and the needs, goals, and objectives of the client. Pointing out downside potential to an otherwise uninformed client is what I'm relied upon to do. Failure to elucidate pitfalls would mean I am not performing the services that were contracted. Dave

[dmjae2004@yahoo.com]

Bowling for Linux: The Patent Risk!

** This thread discusses the article: Bowling for Linux: The Patent Risk! **
David, Thanks for your reply. This is more aligned to what I was thinking, in that you've outline the options, potential risks, and potenital benefits. David