Indemnity Protection for Linux?

spookymonster asks: "I'm a mainframe sysadmin for a Fortune 50 company. I'm also a Linux hobbyist. About 18 months ago, my request for a proof-of-concept z/Series testbed was granted, and the results have been encouraging. Despite this, senior management keeps saying that Linux isn't ready for prime time. Today, I was finally able to corner one of them and ask him what exactly his issue was with Linux. His answer: Indemnity. All our other software vendors provide protection against someone suing us for using their product. Who protects us if a third party sues us, claiming Linux infringes on their copyrights? Sadly, I was at a loss for words. I've done some digging on Google, but haven't really found anything on the subject. With the SCO/IBM lawsuit heavy in the headlines of late, I figured I'd turn to the Slashdot community for answers. How do I respond to questions about Linux and indemnification protection?"

Comments

Lloyd's of London

[Johnny Mnemonic]

These aren't good answers, but maybe it start you thinking "outside of the box."

1) Will MSFT really provide this indemnity protection? Do they say they will? If so, has that provision ever been tested? If they don't, or won't, then of course it's not fair to compare apples to oranges.

2) OTOH, you might try 'speciality' insurance companies. I have no idea what the rates would be like, but you can certainly buy insurance to cover any eventuality you can imagine--another poster here once talked about purchasing insurance against the loss of moon rock that they were testing. Which is just to say--just because "Linux insurance" isn't on a regular schedule doesn't mean that some actuarian won't give you a price. If you need to make calls, I would start with "Lloyd's of London", known for providing insurance for unusual events.

Finally, I think your concern is a real one--what's to stop me from using code that I developed elsewhere and contribute it back into the Linux source?

Re:Lloyd's of London

[bob_dinosaur]

Yes, Microsoft will give you indemnity protection. Not sure if they do for an individual user, but they definitely do for corporates.

Any software manufacturer that sells into large corporates will have indemnity insurance - they simply won't get any contracts otherwise.

To answer the original poster's question: if you buy a support contract from Red Hat / IBM / whoever, they will provide you with indemnity protection. Possibly for an extra fee, but they will provide it.

Re:Commercial solutions provide indemnity?

[oni]

Wasn't there another case some years ago where a hospital built a system in SQL Server that broke due to a bug in SQL Server itself - the hospital had to reimplement the system in Oracle at considerable expense. So, they sued MS for damages. MS successfully defended itself from the suit by arguing that the EULA protected them in cases where their product didn't work as advertised.

So, you buy a database to store data. The database does not work. You have no legal recourse.

I searched google but can't find a link. Is anyone familiar with this case?

Re:Surely your in-house counsel would have an idea

[tenman]

It would be interesting to see how RedHat is going to provide security to me. The original poster was talking about enterprise level Z/OS machines, not a farm of x86 boxen. The world doesn't revolve around the hordes of college geeks and the ubber fast 'leete machines they run. Your bank can't afford to be caught with their pants down, and that is why they go with the IBM flavor of Linux, which is bastardization of SUSE. But, for all who care, IBM offers the exact protection the original poster is requesting. I know, cause there is a Z/OS mainframe box on this floor that we run linux on it. While this one isn't in a development role, the shrink wrap wouldn't have made it into the building without our in-house legal department's approval first.