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Insuring Linux, Thanks to SCO

jtheory writes "There's an interesting article on Salon.com (free daypass available, ads, etc.) about the counter-reaction to SCO's attacks on Linux, and how SCO may actually be one of the best things to happen to Linux lately, because their attacks have turned a lot of attention to the possible Achilles' heel in the code contribution process. Includes some good detail on OSRM, a company offering insurance against lawsuits like SCO's, who notably hired Bruce Perens and PJ of Groklaw fame, and is doing their own extremely thorough analysis of the code and any possibility of improperly included code. The founder of OSRM also wrote a story called Why the Linux Community Needs Open Source Insurance on LinuxWorld." We've mentioned risk insurance before.

228 comments

  1. Why insure Linux? by Anonymous Coward · · Score: 5, Funny

    You can replace it for free???

    1. Re:Why insure Linux? by jamonterrell · · Score: 4, Insightful

      I'll bite. Because MS can pay John Doe to contribute code from the leaked win2k source into linux and then sue every distributor of linux out of existance for copyright infringement. The problem here is that if something like this happens where MS gets turned loose, no insurance company will stick by without going bankrupt.

      --
      I can count to 1023 on my hands. Ask me about #132.
    2. Re:Why insure Linux? by Anonymous Coward · · Score: 0

      You can?

      So the downtime of the servers, the programmers converting any internal apps from Linux to something else is all free? Wow.

    3. Re:Why insure Linux? by dago · · Score: 5, Informative

      "no insurance company will stick by without going bankrupt."

      That's why you have reinsurance companies which insure the insurer. Such companies like MunichRe, SwissRe have even more assets than MS...

      --
      #include "coucou.h"
    4. Re:Why insure Linux? by jamonterrell · · Score: 1

      But why would they want to expend them on something with such a HUGE and totally unpredictable risk.

      --
      I can count to 1023 on my hands. Ask me about #132.
    5. Re:Why insure Linux? by B'Trey · · Score: 5, Insightful

      Obligatory IANAL disclaimer but it's difficult to see how this would work. Despite SCO's blustering threats to sue Linux users, it's extremely doubtful MS would have a case against anyone but John Doe in your scenario. After all, if I plagarize John Grisholm in my new novel, he can certainly sue me but he can't sue the people who buy my novel, even though they now have a copy of his work without paying him for it.

      Once MS identifies their code in the Linux kernel, they might be able to demand that people stop using it, leading to the need for everyone running Linux to download a new kernel or patch.

      It seems to me that the primary need for Linux indemnification is not that you may be succesfully sued for copyright infringement (even SCO has largely dropped the copyright infringment claim from their case against IBM) but to protect against RIAA-like tactics where one is extorted to settle out of court or face ruinous legal fees to defend oneself. IBM can afford to fight SCO and their ilk. Small business owners can't.

      --

      "The legitimate powers of government extend only to such acts as are injurious to others." Thomas Jefferson.

    6. Re:Why insure Linux? by MrRuslan · · Score: 1

      It is posible for something like this to happen but since there are alot of big companys backing linux i dont think microsoft would personally do it...simply because there is a chance that the conspiracy would be uncovered and that would not be good for them...thats why sco is doing it...all ms did is invest in them so microsoft comes out clean on paper.

    7. Re:Why insure Linux? by kbradl1 · · Score: 1

      Unlikely. I doubt any of the code from the leaked WIn2K would even work in Linux. And if someone changed it to get it to work in Linux, then it wouldn't be copying anymore.

    8. Re:Why insure Linux? by Kjella · · Score: 3, Informative

      After all, if I plagarize John Grisholm in my new novel, he can certainly sue me but he can't sue the people who buy my novel, even though they now have a copy of his work without paying him for it.

      IANAL either, but the difference is obvious. If you gave everyone that bought your novel the right to reproduce it, that right is also revoked. He can't sue for mere possession, but he can sue for copyright infringement, since that right is now null and void.

      And since that code is spread around lots of OSS mirrors around the world, incorporated into different projects, it is likely to be copied from one file to another faster than the retractions can be sent out.

      Witness the recent WASTE and Via SecurePL event. That one is major enough you might actually point your finger at. What project FOO found a file in project BAR on sourceforge and integrated it into their own? Noone knows.

      If the OSS community get enough of this type of "infection", it could seriously damage its credibility. Even if they acted in good faith. The legal issues, I'll leave to a lawyer.

      Kjella

      --
      Live today, because you never know what tomorrow brings
    9. Re:Why insure Linux? by Anonymous Coward · · Score: 0

      hehe, his intelligence is reflected by adding the incredibly fucking unoriginal 'ill bite' trying to sound all clever, "i just avoided TEH TROOL!!! i'm a clever one1!!11!"

    10. Re:Why insure Linux? by Goo.cc · · Score: 1

      I hope that someone moderates you up because you are correct, IMHO.

      And speaking of Microsoft, I read recently that they are spreading FUD to the effect that "No one stands behind Linux, unlike Windows". I just had to laugh, considering that all Microsoft really warranties is the media their software is distributed on.

    11. Re:Why insure Linux? by dipipanone · · Score: 1

      But why would they want to expend them on something with such a HUGE and totally unpredictable risk.

      Ah, Darl. It's good to see that you've finally got yourself a real account to do your Astroturfing from. Congratulations...

      More seriously though, why do you suppose that the risk is either huge or completely unpredictable? Just because you don't have the personal capacity to quantify the risk in this manner, that doesn't mean that it isn't doable.

      The average person would think that earthquake insurance in California is a huge and unquantifiable risk, but insurers still manage to quantify that risk for all of their customers, every year.

      And why would they do that? Because it's a profitable activity, of course.

    12. Re:Why insure Linux? by B'Trey · · Score: 2, Interesting

      As I pointed out, once the code is identified as tainted, they can likely demand that you stop using it. Although I didn't specifically point it out, that should imply that it also means you can not distribute it. If they can show that you knowingly and wilfully used or distributed the code after knowing it to be tainted, they might be able to sue you. But they almost certainly can not sucessfully sue you for using/distributing the code before it was known to be tainted.

      --

      "The legitimate powers of government extend only to such acts as are injurious to others." Thomas Jefferson.

    13. Re:Why insure Linux? by dipipanone · · Score: 3, Insightful

      IANAL either, but the difference is obvious. If you gave everyone that bought your novel the right to reproduce it, that right is also revoked. He can't sue for mere possession, but he can sue for copyright infringement, since that right is now null and void.

      While what you say is strictly true, it ignores a basic principle of tort law, which is that the reason for bringing a law suit is to recover one's damages.

      So even if someone does copy a code fragment into something else, before the copyright owner can go around suing other people, they have to be able to show that that they've sufferered economic loss as a result of that person's actions.

      Therefore, if I take a code fragment from your desktop publishing software, and incorporate it into my music sequencing software, how do you -- as a company -- suffer economic loss as a consequence of my using that software?

      There's a quantifiable loss from the company who wrote the music sequencing software, because they should have licensed the code and would be paying royalties, so that one is easy. The end user issue just isn't that straightforward -- which is why SCO is suing companies that had a prior financial relationship with them. ie, they used to use SCO unix, now they use Linux, so by using Linux they deprive SCO of their sales.

      But think back to the issue over the compression routines in gifs. Did anyone argue that end users should be sued because they were using software that made use of the patented compression routines? Of course not, because they weren't responsible for any financial loss to the company, therefore there wasn't any form of appropriate redress.

      Ultimately, I believe that this point will emerge during the course of SCO's current lawsuits against end users but SCO are bringing the lawsuits in the hope of striking fear into the heart of other corporate end users in the hope of either persuading millions of linux users to stump up for a license, or as part of the information war in their pump and dump stock scheme.

      IANAL, but I(love)ANAL.

    14. Re:Why insure Linux? by jamonterrell · · Score: 2, Insightful

      I'm not saying it isn't doable, I'm saying that the cost of an insurance plan that could handle a full blown attack by Microsoft would be more expensive that most people would be willing to pay. It's also difficult to sell insurance on something you get for free. I'm skeptical about this business plan working. That's all I'm saying.

      --
      I can count to 1023 on my hands. Ask me about #132.
    15. Re:Why insure Linux? by Anonymous Coward · · Score: 0

      Cool, it's like the dual side of "fractional banking"...

    16. Re:Why insure Linux? by Kjella · · Score: 3, Insightful

      But they almost certainly can not sucessfully sue you for using/distributing the code before it was known to be tainted.

      Read Title 17, Chapter 5, Sec. 504.
      a) States that the copyright holder may choose between actual (b) and statutory (c) damages. I'll skip right to statutory:

      "In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200."

      And if you read the legal notes there:

      "The ''innocent infringer'' provision of section 504(c)(2) has been the subject of extensive discussion. The exception, which would allow reduction of minimum statutory damages to $100 where the infringer ''was not aware and had no reason to believe that his or her acts constituted an infringement of copyright,'' is sufficient to protect against unwarranted liability in cases of occasional or isolated innocent infringement, and it offers adequate insulation to users, such as broadcasters and newspaper publishers, who are particularly vulnerable to this type of infringement suit. On the other hand, by establishing a realistic floor for liability, the provision preserves its intended deterrent effect; and it would not allow an infringer to escape simply because the plaintiff failed to disprove the defendant's claim of innocence."

      IANAL; but I'd say the distributions could get whacked around pretty good if they get slapped with $200 for each shrapnel of infringing code in an entire distribution.

      Kjella

      --
      Live today, because you never know what tomorrow brings
    17. Re:Why insure Linux? by jamonterrell · · Score: 2, Interesting

      What's with the horrible examples today?

      This is not at all the same. In this case you're the ONLY one copying and distributing the book. Thus you are infriginging COPYrights. In the case of Linux a LOT of people are copying and thus infringing. Let's start a list:
      1.) The person who submitted the code.
      2.) The person who committed the code.
      3.) The person who uploaded the kernel.
      4.) Everyone who offers the kernel for download
      4a.) All websites/mirrors that offer the kernel.
      4b.) All products with the kernel incorporated into them (PVRs, mp3 players, toasters, who knows).
      4c.) All makes of linux distributions (RH, Novell, etc)
      4d.) All computer manufacturers that sell computers with linux (HP, IBM, etc).

      Alright, have I made my point? Not just the person committing the infringed code is at risk.

      --
      I can count to 1023 on my hands. Ask me about #132.
    18. Re:Why insure Linux? by pizza_milkshake · · Score: 2, Insightful
      an attack like the one mentioned above would have the goal of smearing linux's reputation in the hopes that businesses would stay away from the software because of its high-profile legal trouble.

      microsoft doesn't need to get rid of every copy, they just want to build up FUD surrounding it.

    19. Re:Why insure Linux? by Anonymous Coward · · Score: 0

      That's true, the very thing that makes Open Source so great makes it vulnerable to sabatoge like that. Yet Microsoft would be protected from such a problem because it doesn't release source code. They may even be using Linux for their own development, but I don't think that's illegal?

    20. Re:Why insure Linux? by Anonymous Coward · · Score: 0

      No, you can, in fact he just did.
      Perhaps you meant he shouldn't.
      But people trying to correct other people when they can't get it right either is always entertaing.

    21. Re:Why insure Linux? by Anonymous Coward · · Score: 0

      What is a threat to my freedom as an individual, a programmer and computer user are lawyers / liability insurers imposing themselves upon my work! Do I have to clear what I post to /. with a legal department to make sure I'm not infringing anybodies "IP"? Do I have to submit things I make availiable on my website to legal review? Do I have to pay insurance premiums incase I recite a paragraph of a novel over my phone? Utter fucking balloney!

      If you tell me you wrote something and let me redistribute it under the GPL, you are responsable for copyright infringement, I acted in good faith when I redistributed it!

    22. Re:Why insure Linux? by Anonymous Coward · · Score: 0
      1.) The person who submitted the code.

      The person who claimed he had a legal right to put that work under the GPL is liable for copyright infringment. Other distributors believed they were acting in good faith. If somebody passes on a convincing fake banknote, is everybody who has come into contact with it a fraudster?

      Get real!

    23. Re:Why insure Linux? by Anonymous Coward · · Score: 0
      IANAL; but I'd say the distributions could get whacked around pretty good if they get slapped with $200 for each shrapnel of infringing code in an entire distribution.

      What infringing code?

    24. Re:Why insure Linux? by Anonymous Coward · · Score: 0

      No, actually you can't. Just because he did doesn't mean you can. He used it wrong and looked like an idiot, just like you right now because your post was stupid.

      But people trying to correct other people when they can't get it right either is always entertaining.

    25. Re:Why insure Linux? by Anonymous Coward · · Score: 0

      this is a repost.

      look

    26. Re:Why insure Linux? by Jane_Dozey · · Score: 1

      Wouldn't MS have to allow for the infringing code to be removed from the source before the could get money out of any distributer?
      It's seems rather unlikely that any kernel developer would allow infringing code to stay in the source if it was pointed out to them (and I mean "this line and this line is infringing on our copyright, rather than "you have our code somewhere in your source...I'm not telling you where" a la SCO)

      --
      Silly rabbit
    27. Re:Why insure Linux? by butane_bob2003 · · Score: 1

      And you can bet the insured are paying for the re-insurance in the form of higher rates. Who re-insures the re-insurers? I'm guessing the further you get away from the insured, the less risk you take.

      --


      TallGreen CMS hosting
    28. Re:Why insure Linux? by Citizen+of+Earth · · Score: 1

      MS can pay John Doe to contribute code from the leaked win2k source into linux and then sue every distributor of linux out of existance for copyright infringement.

      Someone needs to maintain a database of leaked corporate code and run automated checks against F/OSS to see if anything suspicious ever shows up.

    29. Re:Why insure Linux? by Anonymous Coward · · Score: 0

      Since "IANAL" is seen so often, how about you only mention when you ARE a lawyer. We'll assume by default you are not.

    30. Re:Why insure Linux? by Anonymous Coward · · Score: 0

      Care to explain how it's a repost when it directly responds to the parent post, even mentioning the book example given by it's parent? You are a moron.

    31. Re:Why insure Linux? by IBitOBear · · Score: 2, Informative

      Moreso, Linux doesn't accept "John Doe" contributions. If microsoft, or any of its agents, were to contribute code, or cause code to be contributed, to Linux it would be demonstrable that the inclusion of the code was proper.

      If someone did it on their own, then as soon as Microsoft did what SCO didn't, that being identify the code, it would removed and replaced.

      I Microsoft instead did what SCO did, and not identify the code, then they have failed to even attempt to mitigate their damages, and any copyright case falls apart.

      The act of distribution obviates any Trade Secret, so there would be nothing to sue about there, except legal action against "John Doe".

      And Patent issues exist or not independent of who provided what, which is why software patents are bad. It would be more valid for microsoft to take patents against things they know are going to be in Linux and then use that to club people over the head. Fortunately Linux has people like IBM who want to use it and have more patents. (But this is the one-paragraph proof that software patents are bad for everbody, so I'l let it go at that.)

      In essence, you must remember, that "you cannot cheat an honest man."

      --
      Innocent people shouldn't be forced to pay for inferior software development.
      --"Code Complete" Microsoft Press
    32. Re:Why insure Linux? by SphericalCrusher · · Score: 1

      Do you honestly think that will pass with other Linux developers though? Of course not.

      Even though that was an Insightful comment about why we may need insurance, I'm not really sure if I think it's a good or bad thing yet. Sure, we can replace it all we want, but that's only if it gets broken... one thing that Linux rarely does.

      It may be a good idea for small open-source developers though. What happens if someone takes their source code, improves it, and sells it to make $1,000,000? (Anti-Trust is a great movie.)

      --
      "Instant gratification takes too long." - Carrie Fisher
    33. Re:Why insure Linux? by dago · · Score: 1

      because that's their fucking job !!!!

      --
      #include "coucou.h"
  2. OS Insurance by the+MaD+HuNGaRIaN · · Score: 5, Funny

    I thought Windows insurance was switching to Linux.

    What's Linux insurance--switching to Mac OS X?

    1. Re:OS Insurance by J.+Jacques · · Score: 1, Troll

      "What's Linux insurance--switching to Mac OS X?" Nope, it's putting a hit out on Darl McBride.

      --
      http://www.questionablecontent.net
    2. Re:OS Insurance by tiger99 · · Score: 2, Insightful
      No, it is switching to FreeBSD.

      Seriously though, it is important that alternatives such as the BSD family exist, it means that in the event of future legal action, people can switch fairly easily, if they have to in the short term. Even better, they should run a mixture now. Diversity is a good thing, it might even prevent everything being damaged by a single virus, or programming error in an update, for example. Thinking only about Linux is not much different from thinking only about Windoze. I have even kept Windoze 2000 (dumped XP, it was almost as useless as the vile bug-infested ME), although my serious work is mainly done in SuSE now.

      I use SuSE and Xandros (latest versions of both), FreeBSD and OpenBSD, the differences to the average user, who does not look at kernel source or the mechanism of system calls, are not great, but each has its own particular strengths. The only thing I have against FreeBSD is that the ports collection is so vast, compared even to a typical Linux distro, that selecting everything that you might want to play with is a very long task......

      If we have a choice, we should exercise it, otherwise developers may get fed up, and the choice will diminish, which would be a bad thing

    3. Re:OS Insurance by c4Ff3In3+4ddiC+ · · Score: 0, Offtopic

      Considering that reading this comment almost caused a forcefull expulsion of coffee and cream onto my brand new iBook G4, I would have moderated the parent as +1 Funny. But that's just me.

      --
      *twitch*
  3. Google cache by gspr · · Score: 4, Informative
    1. Re:Google cache by B'Trey · · Score: 5, Informative

      Thanks, now I can RTFA. In doing so, it appears that the author did not do his homework particularly well, as both he and his sources seem to be thoroughtly confused on the issues.

      Quote: "They sued AutoZone and DaimlerChrysler even though those companies didn't do anything wrong and acted in good faith," says Daniel Egger, a partner at the venture capital firm Eno River Capital. AutoZone and DaimlerChrysler simply purchased open-source software; they didn't write the code. But "because of a quirk in our legal system," Egger says, "you can be sued for using software when you did nothing wrong, just because some third party claims that they own part of that software or that the software infringes on their rights."

      This is woefully uninformed. SCO sued neither Autozone nor DC for using Linux.

      SCO's claim against Autozone arises from the fact that Autozone was using applications on SCO Unix and switched those applications from SCO to Linux in a very short time. The only way to do that, SCO claims, is by integrating the libraries from SCO Unix into Linux, which is a violation of the licensing terms for SCO Unix. SCO has no evidence that this happened other than the fact that Autozone switched over very rapidly, so they MUST have used SCO's libraries. Autozone and the consultant who did the switch both claim this is not the case, and it should be straightforward to demonstrate this in court.

      The DC lawsuit arises because DC failed to return a certification of compliance. SCO sent out forms to everyone who has a license for SCO Unix and demanded that they certify that they were not using SCO code with Linux. Part of the license for SCO Unix says that they may demand such a certification of compliance.

      So neither Autozone nor DC are being sued for "purchasing open source software." Both are being sued for violating the terms under which they licensed SCO software. Despite their many threats, SCO is suing their own customers, not Linux users. The case against Autozone seems extremely weak. The case against DC rests on a legal technicality that I'm not qualified to judge. If they do succeed in that case, however, it will have nothing to do with Linux.

      --

      "The legitimate powers of government extend only to such acts as are injurious to others." Thomas Jefferson.

    2. Re:Google cache by Anonymous Coward · · Score: 0

      First IAAL.(not cyberlaw but a public defender) It is like stolen property laws. Currently software is defined in many respects as property according to US law. (Notice how timid sco is in Germany). If you are in possession of stolen property you are still committing a crime and can be charged. This is rarely the case but according to the law it is possible.

  4. Can I get /. libel insurance? by Anonymous Coward · · Score: 5, Funny

    Seriously, folks.

  5. Geezus, please put me out of my misery. by Anonymous Coward · · Score: 3, Insightful

    Now we have insurance agents peddling their wares on Slashfdot?

    1. Re:Geezus, please put me out of my misery. by Anonymous Coward · · Score: 0

      Now we have insurance agents peddling their wares on Slashfdot?

      Well, the presence of insurance agents would definitely justify the "F" in there.

    2. Re:Geezus, please put me out of my misery. by Anonymous Coward · · Score: 1, Funny

      for real. They're claiming people need OS insurance.. and oh ya, we sell it!

    3. Re:Geezus, please put me out of my misery. by c4Ff3In3+4ddiC+ · · Score: 2, Insightful

      Subscribe to slashdot and beat the rush to see new ads masqueradig as articles.

      --
      *twitch*
    4. Re:Geezus, please put me out of my misery. by anachattak · · Score: 1
      Actually, it's a good topic to bring up because it really is important. Think about it a minute: you buy auto insurance in case you commit automobile torts (hit somebody else), you buy premises insurance in case your business is negligent and somebody gets hurt, you buy homeowner's insurance (in part) in case somebody walks across your yard and injures themselves. It only makes sense that somebody offers insurance to another kind of tort you can commit: violation of intellectual property rights. Anybody in the intellectual property business should really give it some thought and weigh what their potential risk is (just as you weigh the risk when buying auto, premises, or homeowner's insurance). I'm actually a little surprised it hasn't come up before now.

      The part that I'm really curious about is the actuarial research behind insuring code. Other insurance companies study statistics on auto accidents, risks in home, types of businesses, etc. What factors determine a rate for insured code? The amount of information known about contributors? The previous projects contributors have assisted in or companies they've been employed by? Will the insurers actually analyze the code themselves for potential problems (unlikely)? From an implementation perspective, IP insurance will be a really interesting and timely development.

    5. Re:Geezus, please put me out of my misery. by Anonymous Coward · · Score: 0
      Except there's no such thing as "intellectual property", the term has no legal meaning whatever and is generally only used by people who are diliberately confusing copyright, trademark and patent law in an attempt to defraud someone.
      From an implementation perspective, IP insurance will be a really interesting and timely development.

      From an implementation perspective, paying protection money to the mob will be a really interesting and timely development.

      Seriously is anybody this stupid?

  6. So this is basically what? by LOL+WTF+OMG!!!!!!!!! · · Score: 3, Interesting

    A sort of "malpractice" insurance, where instead of a doctor's malpractice, it's that of the code-plagiarizer?

    Or is it for protecting the Linux distributer that was unaware of said plagiarism.

    (By the way, I'm not saying Linux contains plagiarized code ;) )

    1. Re:So this is basically what? by SlashDread · · Score: 2, Insightful

      A very good question indeed.

      To me it seems it targets distro's to insure "risks" not just plagiarism, but all sorts. patents, copyrights, whatever.

      This enables those distro's to offer "indemnify" to their client eventually.

      In a world, where layers rule, and coders drool, this is a good thing.

      peace

      "/Dread"

    2. Re:So this is basically what? by Zcipher · · Score: 1

      The idea is a bit like malpractice insurance, in and of the fact that it's designed to indemnify its customers against frivolous lawsuits, but I think you've misidentified the intended customers.

      The service is primarily designed to protect companies who are thinking about switching to Linux, but don't have the wherewithall to defend themselves against frivilous lawsuits arising from companies like SCO (and rest assured, even when they inevitably fail, chances are someone else will try to pull the same stunt sometime down the line). From what I could tell, it's as much a matter of providing legal defense as monetary re-imbursment for defending yourself against baseless allegations. Essentially, it's a service through which you are able to defend yourself, and fund that defense, against baseless accusations for scams like this. In large part, it seems to have been designed to help reduce the costs of going into litigation with these companies rather than rolling over and paying them their blood money (which is usually MUCH cheaper than actually paying for the lawyers and defense).

      Here's the point, which I think a lot of people are missing: You're not defending yourself from some kind of mystical hole in Linux copyright, you're defending yourself against companies whose business model revolves around FUD about Linux copyright, and making yourself better able to take those claims to court, rather than settling, which just adds more fuel to the fire.

    3. Re:So this is basically what? by LOL+WTF+OMG!!!!!!!!! · · Score: 1

      Ah, I see.

      it's as much a matter of providing legal defense as monetary re-imbursment for defending yourself against baseless allegations.

      This is clever. So now we have a company that is going to both protect Linux from being murdered by a company like SCO, and at the same time turn a profit. Everybody (innocent) wins!

      But isn't it said we've come to this in the US, where you can come up with a lawsuit for just about anything inconvenience you can think of, and then waste both the taxpayers money, and that of the company you're attacking.

  7. Webmonkey's Apostrophe! by Threni · · Score: 0, Offtopic

    > Achilles' heel

    What - the heel belonging to more than one Achilles?

    1. Re:Webmonkey's Apostrophe! by goldspider · · Score: 1, Insightful
      When the root word ends in 's' , it is appropriate to place the apostrophe after the ending 's'.

      Example: Mr. Jones' car (correct) vs. Mr. Jones's car (incorrect)

      --
      "Ask not what your country can do for you." --John F. Kennedy
    2. Re:Webmonkey's Apostrophe! by Anonymous Coward · · Score: 0

      > Achilles' heel

      What - the heel belonging to more than one Achilles?


      There's nothing wrong with Achilles' heel; his name wasn't Achille.

    3. Re:Webmonkey's Apostrophe! by BenjyD · · Score: 2, Informative

      The guy's name was Achilles (note the "S" at the end). It is common practice to put the apostrophe after the final "s" and omit that additional possessive "s" in words like that.

    4. Re:Webmonkey's Apostrophe! by Anonymous Coward · · Score: 1, Informative

      Dude, if you're going to correct someone, do it right. Both forms are acceptable.

      Option: If a singular noun ends in -s, add 's or only the apostrophe.

      Keats's poetry or Keats' poetry
      a waitress's tips or a waitress' tips


      http://www.okc.cc.ok.us/echo/handouts/apostrophes. htm

    5. Re:Webmonkey's Apostrophe! by Anonymous Coward · · Score: 0

      Actually, the s' rule only applies if the word is plural, not if it actually ends in an s. The patients' cars were blown up in the accident, but Dr. Jones's car was spared because he rode the bus to work.

    6. Re:Webmonkey's Apostrophe! by Threni · · Score: 0

      > When the root word ends in 's' , it is appropriate to place the apostrophe after
      > the ending 's'.

      OK.

      > Example: Mr. Jones' car (correct) vs. Mr. Jones's car (incorrect)

      So "Bridget Jones's Diary" is wrong?
      I think you can use either.
      http://www.imdb.com/title/tt0243155/

    7. Re:Webmonkey's Apostrophe! by Nick+of+NSTime · · Score: 2, Informative

      "Keats' poetry" is incorrect according to MLA style, which governs writing here in the US. I think it's against AP style too.

    8. Re:Webmonkey's Apostrophe! by Anonymous Coward · · Score: 0

      It's not AP style, I just checked. For example, in AP style, this is correct: Dr. Seuss' books

    9. Re:Webmonkey's Apostrophe! by Anonymous Coward · · Score: 0
    10. Re:Webmonkey's Apostrophe! by Anonymous Coward · · Score: 0

      From The Elements of Style:

      Rule number 1:
      Form the possessive singular of nouns by adding 's.
      Follow this rule whatever the final consonant. Thus write,
      Charles's friend
      Burns's poem
      the witch's malice

      Next you'll be telling me to quit adding the extra "m" to the word "who" when it is used as an object!

    11. Re:Webmonkey's Apostrophe! by Anonymous Coward · · Score: 0

      Well... if there is more than one universe...

  8. I, uh.... by Anonymous Coward · · Score: 4, Funny

    I for one welocme our new State Farm Overlords!

    1. Re:I, uh.... by Anonymous Coward · · Score: 0

      Jusus. It actually got modded "funny". I guess it's back to: 1. Make tired lame Slashdot joke 2. .... 3. Profit!

    2. Re:I, uh.... by Anonymous Coward · · Score: 0

      perhaps it was modded funny because it's funny? It was my first laugh of the morning.

  9. Best thing to happen? by goatan · · Score: 3, Informative
    about the counter-reaction to SCO's attacks on Linux, and how SCO may actually be one of the best things to happen to Linux lately, because their attacks have turned a lot of attention to the possible Achilles' heel in the code contribution process.

    how is that actually good for Linux. Isn't take a bit like pointing out all the security holes in windows it doesn't improve the OS's reputation. and from most of what i remember about SCO's attacks on code contribution have been shown to be wide of the mark

    --
    Saying Apple is better than MS is like saying Botulism is better than rabies.

    1. Re:Best thing to happen? by AftanGustur · · Score: 4, Insightful


      how is that actually good for Linux. Isn't take a bit like pointing out all the security holes in windows it doesn't improve the OS's reputation.

      Linux's reputation wasn't that good at all. Each and every Microsoft consultant, I have met, has always been ready to spread FUD and outright false claims about the competition.

      What SCO's case is doing is taking all those claims and making a lawsuit out of them. The only way that would be bad for Linux is if SCO actually won. And judging from the story so far, there seems to be less and less possibility of that happening.

      No, what looks like is going to happend is that the SCO lawsuit will "Free" Linux from all the FUD that has been build up over the years ...

      --
      echo '[q]sa[ln0=aln80~Psnlbx]16isb572CCB9AE9DB03273snlbxq' |dc
    2. Re:Best thing to happen? by FlashBac · · Score: 0, Troll

      hmm. Maybe... but, I feel good that people are looking really closely at where and who the code is comeing from.
      Sorry to be all paronoid and things, but, it is abundantly possible for backdoors etc to be secreted into the kernal, by someone clever, and for these to be not noticed. I actually seem to remember this actually was caught happening before.

      --
      "Thats right buddy, the large print giveth, and the small print taketh away."
    3. Re:Best thing to happen? by FlashBac · · Score: 0, Troll

      Troll???
      You dont think its possible for a snippet of code with a non accidental itsy bitsy subtle little flaw to be submitted exists?
      And that this person could later use this weakness to do bad things?
      This is possible amigo. Be under no illusions. It has happened and been caught.
      It is therefore nice for clever people to have a good look through the code again, because they might just see something fishy that they missed before.

      --
      "Thats right buddy, the large print giveth, and the small print taketh away."
    4. Re:Best thing to happen? by saunder3 · · Score: 1

      Fortunately, here at Slashdot we can all be Linux consultants.

  10. Maybe I'm being dense but - by JosKarith · · Score: 4, Funny

    Uh... isnt this a little like somebody in a straw house thanking arsonist for burning other people's houses down just to prove they're flammable?

    --
    'Don't worry' said the trees when they saw the axe coming, 'The handle is one of us.'
    1. Re:Maybe I'm being dense but - by AftanGustur · · Score: 2, Insightful


      Uh... isnt this a little like somebody in a straw house thanking arsonist for burning other people's houses down just to prove they're flammable?

      Uhmm, No, it's rather like when Microsoft paid for a benchmark that showed how Windows was faster in serving webpages and files on a network.

      Linus and other developers went into overdrive, threw out the old memory system and inplemented the Direct-memory-copy functions (so data could go directly from hard-disk buffer to network-card buffer without having to go through conventional memory).

      This helped Linux a lot, and if Microsoft has repeated the tests since then, they are keeping the results very, very secret.

      --
      echo '[q]sa[ln0=aln80~Psnlbx]16isb572CCB9AE9DB03273snlbxq' |dc
    2. Re:Maybe I'm being dense but - by iainl · · Score: 1

      No, its rather like your 'straw house' wasn't actually made out of straw this time (as far as we've been able to tell, thanks to SCO's obfuscatory and stalling claims), but that until the (vigilante and frankly piss-poor, in this case) planning office came to give us an audit it hadn't occurred to anyone to check if we're obeying the necessary building regulations.

      Now we know to keep an eye on the builders to ensure they aren't sneaking in cheap flammable materials without our knowing, and so we're bound to end up with a safer house.

      --
      "I Know You Are But What Am I?"
  11. Out of bad things to say by superpulpsicle · · Score: 4, Funny

    Heh. I can't even flamebait SCO anymore. Every bad thing that you could say about the organization has already been said.

    1. Re:Out of bad things to say by jamonterrell · · Score: 2, Funny

      You'll now have to flamebait other companies by comparing them to SCO.

      --
      I can count to 1023 on my hands. Ask me about #132.
    2. Re:Out of bad things to say by Kardamon · · Score: 2, Informative

      That's already happening: Genetic Technologies, a company that patented the "junk DNA" is called the "SCO Group of biotech" in this article.

      --
      -- Qu'est-ce que la propriété intellectuelle? It is thought control.
  12. TCO by Anonymous Coward · · Score: 4, Insightful

    One more cost to be added into 'independent' TCO studies funded by microsoft.

  13. There are other options by darthcamaro · · Score: 1

    I don't get OSRM at all to be honest. Is it just a ploy by PJ/Groklaw and Perens to grab some cash???
    HP was the first back in September to indemnify its customers, then IBM, Red Hat and others followed. Big companies may feel they need it and good for them.
    The GPL license itself does offer any software warrantees and it never should and never will. Those of us that know and use the the stuff on a daily basis know the real deal.
    internetnews.com had an article titled, "What do if SCO comes knocking" a few weeks back that was real interesting too...

    1. Re:There are other options by Saeed+al-Sahaf · · Score: 1
      I don't get OSRM at all to be honest. Is it just a ploy by PJ/Groklaw and Perens to grab some cash???

      I'm not so sure about the money issue, but clearly it's good for some people's ego, and I really don't see how it's going to make much difference at this point.

      All the major playas have their own indemnification, and SCO has stopped suing people anyway. Given the SCO experience, do you really think anyone else is going to cut their wrists and bleed out the same way? All IBM has to do, even to Microsoft, is whip open their patent portfolio and start beating people over the head with it.

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
    2. Re:There are other options by tiger99 · · Score: 1

      The GPL licence as you say does not offer any warranty, but it clearly allows you or I, or Bill Gates, or Red Hat, SuSE or Xandros, as distributors of software, to offer a warranty to our customers, provided we do all the necessary support work. In effect, when you buy a distro with a support contract, that is what you get. If it is faulty, they will fix it, within defined limits, same as any other warranty. If it is broken and is not fit for use because of a nasty little bug in calloc() (that one was in an inferior closed-source OS), or can not be used because some SCOundrel claims copyright on some of the code, the effect is the same, it needs to be fixed, under warranty. The GPL purposely does not interfere in how that may be arranged, or not, as the case may be, nor should it, but it is fair that someone who sells GPL software provides something such as a warranty, or a support contract, or whatever you wish to call it.

  14. SCO can suckit! by Anonymous Coward · · Score: 0

    Just let them try to sue me. They can have my linux servers when they pry them out of my cold, air-conditioned data center.

    1. Re:SCO can suckit! by Anonymous Coward · · Score: 0

      Yes, that court order will only take minute to get served and your server morphs from server to evidence. Apparenly you are tougher/more important/untouchable compared to others?

  15. Hmm by Anonymous Coward · · Score: 1, Interesting

    There needs to be much more detailed work on the legal side of things before Open Source becomes the norm.

    1. Re:Hmm by Saeed+al-Sahaf · · Score: 1

      That's a pretty broad statement. What kind of detail? Are you talking spacifically about Linux (which of course is not the definition of OSS), are you talking about liability of one spacific app? What are you talking about?

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  16. Still possible to flamebait by Anonymous Coward · · Score: 0

    Actually your correct oh well. Im going to turn this into a compitition the best "original" flame will win a negative amount of Karma

  17. Do we really need this? by Anonymous Coward · · Score: 5, Insightful

    - We have an Strong and Clear in terms license.
    - We have the code available.
    - We have Lawyers all arround de world willing to defend GNU.
    - Most developers have allways taken care of not violating copyrigth, and including only their code on the work they do

    We have an implicit honor system, and it works. If someone do something wrong, we could listen the complain, isolate the coders and code compromissed, replace it with GPLd code, and apologies to the company the code has been stolen from.

    All this SCO thing is just flamebait; don't pay more atention to them, and don't let them change the way this has allways been.

    1. Re:Do we really need this? by zanderredux · · Score: 2, Interesting
      Yes.

      It might be impossible to do proper due diligence with very large F/OSS projects and the honor system, being "implicit", is not enforceable or, at least, verifiable.

    2. Re:Do we really need this? by NorthDude · · Score: 1

      Insurance is all about protecting you of certain potential risks. It could never happen in a life time, but if the risk exist and if the concretization of this risk is bothering you, it may be worth getting an insurance for it.

      For example, there is a risk that my appartment catch fire one day and that I lose everything material I have. It never happened before (to me at least) but I bought an insurance to protect me from this scenario; "just in case"

      A copyright violation in an open source product may not have happened yet, but it certainly COULD happen. So, this is a risk that an insurance company could offer to cover. They will sit down (like they seem to be doing in this case), do some calculation on the amount of risk involved and determine how much they want to charge for it. Then, it is up to you to get this coverage or not, this is your part of the equation.

      It has nothing to do with "honor code" or whatever and everything to do with probabilities of an event happening, and if you want to assume that risk or not. For my part, I think it is great if a company wants to propose an insurance plan for this kind of risk. It is just one more product available to me as a customer.

      --


      I'd rather be sailing...
  18. Re:I wonder... by Anonymous Coward · · Score: 0

    Wouldn't it be better to have a delete option for garbage posts like these? I wonder how many megabytes (gigs?) of data would be freed. And how much faster the searches of the archival history would run.

  19. Old recipe for articles (yawn) by Anonymous Coward · · Score: 0

    1. Start from a normal viewpoint
    2. Find arguments supporting its opposite
    3. Publish an article about the opposite viewpoint
    4. ?
    5. Profit

  20. Viruses by somethinghollow · · Score: 5, Insightful

    their attacks have turned a lot of attention to the possible Achilles' heel...

    With Windows, when someone points out a possible Achilles' heel, people exploit it (with viruses, etc). Is it good to point out potential problems? Yes if 1) They can be fixed or 2) They aren't problems. It will make the beast stronger. However, if the issue, in this case code contribution, which is THE blood of OSS, is actually a problem and can't be fixed, then this whole OSS thing might take a deathblow. If that is the case, I'd rather people not focus on it.

    In the end we have to trust people that submit code. Short of checking it against a database of known code (which doesn't help if they stole code from a proprietary source), there isn't too much we can do.

    While I tend to agree with "there is no such thing as bad press," if the press kills OSS or Linux (which, in this case, I bet it won't), I'd rather SCO not have started anything. And if other people start to try to exploit OSS because of the possible Achilles' heel (with law suits, bills passed to limit OSS), we'll end up with tons of irritating front page posts on slashdot. We might even have to have a sub-catagory for the it so we can have user filters.

    1. Re:Viruses by _Sprocket_ · · Score: 1


      With Windows, when someone points out a possible Achilles' heel, people exploit it (with viruses, etc). Is it good to point out potential problems? Yes if 1) They can be fixed or 2) They aren't problems. It will make the beast stronger. However, if the issue, in this case code contribution, which is THE blood of OSS, is actually a problem and can't be fixed, then this whole OSS thing might take a deathblow. If that is the case, I'd rather people not focus on it.


      Sure. And there is never anyone researching and exploiting system vulnerabilities until the infosec elves leave a report on the IT industry's doorstep. Then all hell breaks loose. Likewise, Linux's competitors and business oportunists won't seek out methods to derail or profiteer from Linux's increasing popularity. Until the news elves write a story.

      It is probably for the best if we shoot the messangers and stick our heads back in the sand.
  21. But... by rampant+mac · · Score: 3, Funny
    "[...] Open Source Insurance"

    What if someone forks it?

    FireBird Insurance?

    --
    I like big butts and I cannot lie.
    1. Re:But... by mopslik · · Score: 3, Funny

      FireBird Insurance?

      After reviewing current trademark holdings, the FireBird Insurance Project has decided to adopt a new name:

      InsuraFox

      Please refer to all further policies by this name.

  22. Is this practical? by oldosadmin · · Score: 1

    I'm no insurance salesman, but this doesn't sound very practical.

    I mean, how much does the average lawsuit cost? Like a million dollars?

    $1,000 X $1,000 == $30,000 worth of insurance.

    Might as well buy MS if you're gonna pay that.

    --
    Jay | http://oldos.org
    1. Re:Is this practical? by molarmass192 · · Score: 1

      I didn't register to "read the read of the article", I'm curious as to whether you got that $1,000 figure from the registered only chunk of the article or from somewhere else. Also, does it mention what is covered by that $1,000 and for how long?

      --

      Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
    2. Re:Is this practical? by Anonymous Coward · · Score: 0

      Yeah, that's why I run Linux - because I'm a cheap bastard. Yeah, that's the ticket. If it was not for the cost factor, NO ONE would run that hippy-dippy operating system.

      My uptime is 36 days and counting? I'm not getting viruses any more? I don't have an NSA backdoor on my desktop? Well, that's swell, I say, just swell, but what really matters is I'm a cheap bastard so SHOW ME THE MONEY! CHA-CHING!

    3. Re:Is this practical? by corngrower · · Score: 1

      I think they'll agree to pay SCO's $699 licensing fee for that $1000 in case SCO's claims for linux infringment are uphelld.

  23. I want risk insurance... by WhiskerTheMad · · Score: 3, Insightful

    ... for my Windows servers. My last co. almost got burned by MS's code theft issues in SQL Server.

    Of course, the premiums would be a stone bitch...

    -----------

    --
    Love your country always, but respect your government only when it deserves it. -- Mark Twain
  24. Insuring Linux, *THANKS* to SCO?! by Pan+T.+Hose · · Score: 5, Insightful

    "SCO may actually be one of the best things to happen to Linux lately"
    "company offering insurance against lawsuits like SCO's, who notably hired Bruce Perens and PJ of Groklaw fame"

    Is it really "one of the best things" for Linux, or for lawyers? I didn't need to buy any "Linux insurance" before that SCO farce. Why should I be grateful?

    --
    Sincerely,
    Pan Tarhei Hosé, PhD.
    "Homo sum et cogito ergo odi profanum vulgus et libido."
    1. Re:Insuring Linux, *THANKS* to SCO?! by NorthDude · · Score: 1

      Because this SCO farce demonstrated that in fact, this risk really exists. Up to you to decide if you want to buy the insurance or not now...

      --


      I'd rather be sailing...
    2. Re:Insuring Linux, *THANKS* to SCO?! by weave · · Score: 1

      I don't have to buy insurance to run Microsoft software, hence this plays into Microsoft's hands and says "Hey, Linux *is* risky."

    3. Re:Insuring Linux, *THANKS* to SCO?! by Bruce+Perens · · Score: 1
      The problem isn't really SCO. SCO will go away faster than people expected. The real problem is software patents.But I am not saying that you need the coverage, or that it's intended for you. The business people who need it know who they are.

      Thanks

      Bruce

  25. Why is this a good thing? by ThogScully · · Score: 3, Insightful

    In my head, insurance agents who are capitalizing on this FUD are on par with amublance chasers sitting in the ER waiting room. Maybe that's a little harsh though towards the ambulance chasers, because at least they are around potential clients.

    Offering this kind of insurance only perpetuates the FUD that Linux/OSS/FS/etc are not safe. Maybe if they offered this as general purpose software insurance, rather than targetting open source, I'd be more understanding. But offering it only for open source software essentially sends the message that IP infringement is common in open source software, but never happens in proprietary.
    -N

    --
    I've nothing to say here...
  26. Not only is it insuring.. by arudloff · · Score: 1

    Publicity is publicity, no matter the form. Thanks SCO! If linux wasn't a household name before..

  27. The best Linux insurance is Ninnle! by Anonymous Coward · · Score: 0

    Install Ninnle Linux on all your systems, and you'll never have to worry about system crashes or security or configuration or just about anything else. It's that stable, that reliable, so no need for any other sort of "insurance" will ever be needed. Come under the Ninnle blanket!

  28. Economic Reasoning At Its Best by zanderredux · · Score: 2, Interesting

    This is an extreme example of economic reasoning at its best.... let's hope that the company selling the insurance is not related to SCO!!!

  29. Seriously, folks, you DON'T need this!! by Anonymous Coward · · Score: 4, Insightful

    As long as you aren't stealing code for your open-source projects, you're fine. Someone like SCO can litigate till they're blue in the face, but as long as you didn't do anything wrong, you'll be fine. They can have all the billions of dollars they want, but money doesn't create evidence. If you need to get your court costs back, countersue.

    It's a shame that these people try to peddle their bullshit off other people's fears. You DON'T need this!!

    ..but I'm sure most people here are smart enough to realize this (I hope). The last thing we need is fucking "code insurance".

  30. I hate insurance by Cobralisk · · Score: 4, Funny
    Next thing you know, OS insurace will be required in order to legally operate a computer system.
    From: <officer@localpolice.gov>
    Subject: Speeding

    Pull over,
    I clocked you going 100Mbps in a 10Mbps subnet back there. May I see your license and insurance card? Did you know that it is unlawful to operate a network vehicle in the state of New York without a valid insurance policy?

    Please step away from the terminal,
    Sgt. Smith
    --
    Waiting for ad.doubleclick.net...
  31. Karma Insurance by CharonX · · Score: 5, Funny

    Hmmm... so you can insure yourself against the perils of using Open Source (like getting sued by SCO).

    What I want is a Slashdot Karma Insurance.

    (In fact I could use one right away now, since this gonna end up (-1, Offtopic) ^^; )

    --
    +++ MELON MELON MELON +++ Out of Cheese Error +++ redo from start +++
  32. I hope this doesn't take off by deque_alpha · · Score: 5, Insightful

    Just look what insurance has done to health care. The _last_ thing we need as a society is another aspect of our lives that is deemed neccesary to insure. On the whole, I beleive that insurance companies are some of the most exploitive organizations around, draining resources from society with very little positive return. At best, this is going to convince people to throw money away, at worst it is going to encourage frivolous lawsuits because the odds of payoff become higher, thereby making "OSS Insurance" a de facto requirement for running OSS and taking away one of its largest strengths.

    1. Re:I hope this doesn't take off by bruce_the_moose · · Score: 4, Interesting
      I beleive that insurance companies are some of the most exploitive organizations around, draining resources from society with very little positive return

      While I can't claim to love insurance companies--institutions that plays with lots of money and produces little in the way of tangible products tend to spawn greedy bastards--you can point to some returns to society that they have made. Here's and example: Do you look for little tags or stickers that say "UL" on electrical devices you buy? You should. UL is Underwriters Laboratory, a lab sponsored by the industry (Underwriters) is in place to guarantee things like christmas lights won't burn your house down if you leave them on overnight. It's enlightened self-interest, of course, since if your house burns down the Insurance companies have to pay.

      Oh, and having someone pick up the tab if your house burns down is probably a positive return to at least yourself, if not society.

      I think OSS insurance is a good thing for this very reason: it means some institution actually thinks it's insurable. The way you make money selling insurance is covering things that are likely to NOT burst into flames.

      --
      To reduce crime, make fewer things against the law.
    2. Re:I hope this doesn't take off by NorthDude · · Score: 3, Insightful

      The problem is not with insurances being offered, but with the peoples and organizations abusing this fact when bringing up lawsuit. Insurance primes goes up when insurance companies loses to much money. Do not forget that an insurance is a product, just like any ohter product out there.

      --


      I'd rather be sailing...
    3. Re:I hope this doesn't take off by duslow · · Score: 1
      Insurance companies also tend to drive up the prices of the products/services they are insuring as well because the side effect of insurance companies is that they take the real consumer out of the loop. The real consumer is basically replaced with multi-billion dollar insurance company who is able to pay $1000 for a car bumper unlike the original consumer.

      Of course, the consumer does incrementally end up paying far more then $1000 dollars for that car bumper due to their monthly fees and the fact that their rates would be increased in the event they file a claim to have their car bumper repaired. It never ceases to amaze me that you get penalized for using the service you PAID for. I to would not even want this type of highway robbery even close to my precious linux box :)

    4. Re:I hope this doesn't take off by Anonymous Coward · · Score: 0

      Just look what insurance has done to health care.

      (looks)

      Looks like it hasn't done much at all. Oh, sure, if you have insurance then when you get ill you can go to a luxurious private hospital or jump the waiting lists, but really the NHS isn't that bad.

      Oh, wait, you're probably American, aren't you? Let me tell you about Europe - most countries here have free universal healthcare. Instead of paying money to an insurance company, you pay money to the government, and in return they guarantee to treat you when you need it - as much as you need, not up to some predetermined limit. Cool, huh?

    5. Re:I hope this doesn't take off by deque_alpha · · Score: 1

      You raise excellent points on the positive effects of insurance companies, but I think that they pale in comparison to the negative effects. Look at the "insurance chain" in health care. Doctors have astronomical insurance premiums to pay, which they pass on to their clients, which forces their insurance costs up. And because after this cycle completes, the perceived cost of delivering healthcare is higher, and therefore the possible loss, making the doctors' insurance rates go up, and then the cycle repeats. That is (I beleive) why my doctor charged me a $150 recently for about 10 minutees worth of work examining an excema breakout on my hand. Surely, if healthcare weren't effectively being run by insurance companies, I doubt very much that visit would have cost nearly that much. Granted, the true root of this is a litigious, "No fair! You owe me!" society, but the high probability of lucritive payoffs provided by the insurance company encourages that behavior.

      This has made it effectively impossible for those without very costly insurance to be able to obtain quality healthcare. And in my experience, even with "good" insurance, the care one needs is often still out of reach because of various exclusions, exemptions, or what have you.


      I think OSS insurance is a good thing for this very reason: it means some institution actually thinks it's insurable. The way you make money selling insurance is covering things that are likely to NOT burst into flames.


      Then do we really need it if it's not likely to "burst into flames"? I mean remember, this is insurance for protecting us against lawsuits, not physical loss or natural disaster. The potential for liability is low, and avoided if we do not accept frivolous IP lawsuits like this and legitimatize them by creating such entities. Accepting this practice now sets precedent for the future. Not too many steps down (an admittedly paranoid) chain of logic takes us to a pretty scary place. where this type of insurance is accepted as general practice, and everyone generally carries "lawsuit insurance", not just people whose profession puts them in a position of high potential liability, or people who are afraid of IP lawsuits. What does that get us? Richer insurance companies, fewer resources to put into positive endeavours, more incentive for frivolous lawsuits, and yet another way to divide people into "haves" and "have nots". One more step takes us to a place where this sort of insurance is required, like car insurance, to do something (go to school, shop at certain stores, you name it) and then we have yet another handy tool for making it harder for the poor to participate in society and allow the wealthy feel even more comfortable in their position of power.

      Anyway, this is wandering pretty far OT, so I guess I'm done for now. ;)

  33. I gotta ask... by Otter · · Score: 4, Insightful
    If the people behind this insurance hadn't done some credentializing by hiring Perens and Groklaw, would it still be viewed as a helpful product? Or would it be an endorsement of SCO, a nefarious FUD tactic, probably a secret Microsoft conspiracy...?

    Honestly, I'm amazed that more people don't view a company running around yelling, "Linux insurance! Protect yourself from the risks of Linux!" at least somewhat negatively.

    1. Re:I gotta ask... by Anonymous Coward · · Score: 0

      Who wants a body massage?

    2. Re:I gotta ask... by agurkan · · Score: 1

      They didn't hire Groklaw, they hired the editor of Groklaw, PJ. She was doing Groklaw in her spare time anyways, so probably it will continue to be independent. Her expertise from Groklaw will certainly help, but you are making it seem like a company now controls Groklaw.
      or maybe you are trolling???

      --
      ato
    3. Re:I gotta ask... by afxgrin · · Score: 1

      Well, this certainly has made an impact of the way I think of PJ or Bruce now....

      I was hoping to see some sort of response from Bruce giving a more enlightened explanation. I've read many of his posts in the past here...

    4. Re:I gotta ask... by ShinmaWa · · Score: 2, Informative

      They didn't hire Groklaw, they hired the editor of Groklaw, PJ. She was doing Groklaw in her spare time anyways, so probably it will continue to be independent. Her expertise from Groklaw will certainly help, but you are making it seem like a company now controls Groklaw.

      Well.. I will say this. Ever since PJ was hired by this firm, Groklaw's focus has changed dramatically. Early on it was "just the facts" about the case. Lately it has become more and more of a GPL zealot site, that tends to attack anyone and anything that is not wild about the GPL, including non-GPL open source!

      PJ and Groklaw (and they are one and the same to me, since she maintains absolute control over the content there) have lost all credibility with me, since I can no longer trust her to be objective anymore -- even with SCO v. IBM.

      I don't know if these two things are truly "cause-and-effect", but I certainly think that there is at least SOME influence there.

      --
      The /. Effect: Thousands of users simultaneously accessing a site to not read its content.
    5. Re:I gotta ask... by warmcat · · Score: 1

      > but you are making it seem like a company now
      > controls Groklaw.
      > or maybe you are trolling???

      It's a serious question in the grandparent about PJ and Groklaw, not a Troll. The whole insurance thing seems completely evil to me, since it legitimizes the SCO attack: but Grok has done some of its best work in the weeks since she joined it, so it is clearly not supressing or distorting her work. Grok continues to be a beacon in the SCO storm.

      I do wish PJ would use a journalistic-style full disclosure formula at the end of articles where she mentions indemnity insurance though: there have been a couple recently. We expect it of mouths-for-hire like Enderle and his MSFT affiliation after all.

      And why does it limit itself to being Open Source Risk Management? Is there no risk involved in proprietary software? Grumble... OSDL wannabe... carpetbagging... old-think monetization attempt.... bah!!!

    6. Re:I gotta ask... by incom · · Score: 1

      I'm interested by this, do you have a specific example in mind, or is it more of a gut thing?

      --
      True genius is grasping a situation like a peice of fruit, and peircing it just right so that it drains dry.
    7. Re:I gotta ask... by ShinmaWa · · Score: 1
      I'm interested by this, do you have a specific example in mind, or is it more of a gut thing?

      Certainly.

      First up is this one: Stallman and Gosling on Java and the GPL

      First of all, what does Java, Sun's Gosling, and Stallman have to do with SCO, its lawsuits, Linux, or the law? Not a damned thing. However, reading PJ's editorial is most enlightening on her slanted nature. Two responses which I completely agreed with can be found here and here.

      Second up is this one: Microsoft Wishes to Tempt Developers With Its Code

      Again, nothing at all to do with "Grokking the Law" or SCO. However, PJ uses this article to subtly slam non-GPL open source licenses, in this case, IBM's Common Public License (which is used to distribute Eclipse). This illicited this wonderful response and this even better one. Could it be that PJ was actually twisting the issue too?

      PJ's Mission Statement:
      IANAL. I am a paralegal, so if you have a legal problem and want advice, this isn't the place. Hire an attorney instead. Research is, however, what paras do, so here I am sharing things I have found in my research.

      What legal research? What law at all? Groklaw has completely lost its focus and turned into a GPL zealot platform.
      --
      The /. Effect: Thousands of users simultaneously accessing a site to not read its content.
    8. Re:I gotta ask... by Anonymous Coward · · Score: 0
      Well.. I will say this. Ever since PJ was hired by this firm, Groklaw's focus has changed dramatically. Early on it was "just the facts" about the case. Lately it has become more and more of a GPL zealot site, that tends to attack anyone and anything that is not wild about the GPL, including non-GPL open source!

      PJ and Groklaw (and they are one and the same to me, since she maintains absolute control over the content there) have lost all credibility with me, since I can no longer trust her to be objective anymore -- even with SCO v. IBM.

      When I first heard about OSRM I thought it sounded like yet another exploitive company looking to make a quick buck off the misery of scared and uncertain Linux users. Their media campaign of "Linux needs insurance but luckily we just happen to sell it" smells exactly like a scam. There wasn't a problem until OSRM started screaming about how much we needed insurance. Suddenly they've got PJ singing its virtues and her faithful zealots repeating her every word.

      I agree with you about the dramatic change in the site. PJ refuses to admit it but the hatchet job they did on James Gosling was the last straw. Conspiracy theories and character assassinations are apparently more important than objectivity and facts.

    9. Re:I gotta ask... by Anonymous Coward · · Score: 0
      It's a serious question in the grandparent about PJ and Groklaw, not a Troll.

      On Groklaw, the word "troll" means "opinion I do not agree with" or sometimes "facts I wish weren't true". Don't let it upset you.

    10. Re:I gotta ask... by Sven+Tuerpe · · Score: 1
      Honestly, I'm amazed that more people don't view a company running around yelling, "Linux insurance! Protect yourself from the risks of Linux!" at least somewhat negatively.

      To really scare us, it would take a large international insurance company saying something to the effect of: "We are not going to insure such a risk." A company offering insurance means that somebody out there believes that money can be made this way. Which is good news.

      --
      http://erichsieht.wordpress.com/category/english/
    11. Re:I gotta ask... by Otter · · Score: 1
      I understand what you're saying, but people generally buy insurance to protect against the unlikely, not the inconceivable. Since the spin from the Linux world has consistently been that it is ludicrous to suggest that individual Linux users will be facing any liability, I'm surprised that this operation hasn't generated more negativity.

      "Linux -- it's statistically unlikely that you'll have to collect on your liability insurance!" isn't much of a selling point.

  34. Bullet ride. by Anonymous Coward · · Score: 0

    Can't mod you up, but I can show my support by commenting.

    It's bad enough that they're creating a new "business" from mental fluff, we shouldn't have to read about it here.

    Come on, do any developers actually think this is a good idea? No? Well then.

    Slashdot: Promoting the worthless fluff of lawyers and marketing.

    (no, this isn't "ignoring the problem". There is no problem. The perception of a problem isn't worth arguing about. The perception belongs to people WHO DO NOT MATTER.)

    1. Re:Bullet ride. by dipipanone · · Score: 1

      Come on, do any developers actually think this is a good idea? No?

      According to the article, Bruce Perens thinks it's a good idea.

      However, there's also an implication that he's providing consulting services to the company.

      Which is not to say that there's a direct causal relationship between one thing and the other. I presume that Perens wouldn't be selling his expertise unless he thought it was a good idea in the first place.

      That said though, I have no idea whether Bruce Perens is a developer. All I know about him is that he's a guy who posts to Slashdot sometimes, but I presume what credibility he has stems from the fact that he once did something that some coders think highly of.

      The perception of a problem isn't worth arguing about.

      I have to say, I don't like this idea any more than you do. It seems to me to be an attempt to cash in by building a business on the back of SCO's lawsuit.

      But I think you're dead wrong about the perception of a problem. The 'perception' of a problem was what caused the invasion of Iraq. The fact that there were no weapons of mass destruction didn't mean a goddamned thing to all those people who were bombed and shot in the process, because the perception was that those weapons actually existed somewhere -- it was just a matter of finding them.

  35. Mixed Reaction by starseeker · · Score: 4, Insightful

    I dunno. In a perfect world, there shouldn't be a need for this kind of thing. But since we don't live in that world, this might have practical value.

    My take on this is - it's a good thing if you are paranoid or a potential target. I don't understand why Linux end users are different from Windows end users in a liability sense - can someone point me to a good explanation of why my buying a Windows license suddenly frees me from potential legal trouble, whereas the GNU GPL somehow doesn't? Why isn't the author responsible in both cases? (Not a rhetorical question - I really would like an answer.)

    Anyway, I'm not sure this lawsuit insurance is a bad idea no matter WHAT you do or what you use. Lawsuits are used like clubs against business opponents nowadays, and merit or justification isn't even of interest anymore. Perhaps an insurance setup where the insurance covers the costs of a defense up to $$$, but not the consequences of a guilty verdict, would be a good way for a lot of small companies to go. If they aren't doing anything wrong, and get their ass sued by $LARGE_COMPETITOR in order to put them out of business, the lawsuit coverage would let them put up enough of a fight to make trouble for $LARGE_COMPETITOR. If $LARGE_COMPETITOR had to do this for all the smaller competitive businesses they would go up against, it might start to be rather useless for them to try such methods.

    Remember, lawsuit insurance in this scenario isn't about the merits of the case - it's about being able to resist bullying attempts by litigious bastards. If you have a good case, this would allow you to fight it, but wouldn't let scum insure their way out of the financial consequences of doing something illegal. In THAT capacity, I can see this being a good idea. And not just for open source software either.

    --
    "I object to doing things that computers can do." -- Olin Shivers, lispers.org
  36. Re:Friday afternoon - getting drunk by Anonymous Coward · · Score: 0

    Slayer 0wnz

  37. Every ecosystem needs predators by heironymouscoward · · Score: 2, Insightful

    It eliminates the weak and forces the rest to get stronger.

    SCO and Microsoft (and Sun) are predators as far as the OSS community is concerned, and although they will cause much suffering and trauma, the result will be stronger and more successful OSS firms.

    --
    Ceci n'est pas une signature
    1. Re:Every ecosystem needs predators by mtwalkup · · Score: 1

      ...agreed unless it gets to the point where the predator is killing infants, which I think SCO is threatening. You kill the infants, and you'll never know what the adult could have produced.

    2. Re:Every ecosystem needs predators by TechnoFreek · · Score: 1

      not exactly true. When the predator kills all the prey, who is left to get stronger?

  38. OpenScam by MouseR · · Score: 4, Interesting

    OSRM, a company offering insurance against lawsuits like SCO

    Cool.

    Now, instead of paying juggernauts for their expensive software, you can pay expensive insurers to use free software!

    What would america be without lawyers?

    1. Re:OpenScam by Anonymous Coward · · Score: 0

      Pork Chop Sandwiches

    2. Re:OpenScam by Brad+Mace · · Score: 2
      What would america be without lawyers?
      I don't know, but I'm willing to give it a try.
  39. Why this is _BAD_ for Linux... by kuwan · · Score: 3, Interesting

    This "Linux Insurance" by OSRM is really bad for Linux. As noble as the creators may think it is, the fact that it exists at all shows that SCO has been (somewhat) successful in their campaign to cast uncertainty on the legitimacy of Linux and its code base.

    For example, let's say that I want to sell my boss on buying a bunch of Linux servers instead of Windows or Solaris servers. I tell him all the great advantages of Linux - stability, performance, low cost, etc. Then some Windows schmuck interrupts and says that Linux has legal problems. I say "no it doesn't" and explain how the SCO fiaSCO is just a bunch of mumbo-jumbo. Then I go to explain that their is insurance that you can buy in case anyone (SCO or anyone else) tries to sue you.

    After this my boss gets scared and thinks that there is legitimate risk involved with going to Linux. Then he thinks, "Why go with Linux and spend extra $$$ on insurance when I can just go with Windows or something else."

    This whole insurance thing is just bad. It helps SCO to prove their point (that there is a problem with the Linux development process), makes Linux cost more than it should, and introduces the idea that risk is involved when using Linux.

    1. Re:Why this is _BAD_ for Linux... by Kaliban923 · · Score: 1

      While I agree there are PHBs out there who think like that, the world should not cut off a valuable resource just because your boss doesn't understand issues. You need to explain that because of the nature of the way Linux is developed it needs insurance like this for the good of all Linux users. If thats all it takes for him to not consider Linux I think there are more things at play. Please understand, I've been in similar spots before in terms of bosses who don't understand but insurance is not a bad thing and people who can't be made to understand it have more issues than this.

    2. Re:Why this is _BAD_ for Linux... by NineNine · · Score: 1

      introduces the idea that risk is involved when using Linux.

      And so who is going to guarantee my business that none of the code is copyrighted? You? Willing to go through each and every line of code, and document the source, and give me a concise report? It IS a real problem, and a real concern. Saying that it's not doesn't make it go away. There has got to be some kind of responsibility here. That's equivalent to me using a vacant lot for my business because all of my friends told me it's ok. Either you can pay for software, or you can use OS code and cross your fingers and hope that you're not breaking a law. Personally, I'd rather buy the code and not ever have to worry about it again.

    3. Re:Why this is _BAD_ for Linux... by Anonymous Coward · · Score: 0

      What a ridiculous double standard. No one holds proprietary software to this standard. Windows or TurboTax or whatever could be FULL of stolen code and you would never know.

    4. Re:Why this is _BAD_ for Linux... by mdfst13 · · Score: 1

      "You need to explain that because of the nature of the way Linux is developed it needs insurance like this for the good of all Linux users."

      You are proving the parent post's point. This insurance is *NOT* necessary. There is no reason to believe that your company would lose a lawsuit of the type against which they are indemnifying. Further, it's not like proprietary software vendors offer insurance of this sort (even though the same problem exists with them).

      The point of this insurance is that it allows smaller distros to offer what the HPs and IBMs can: indemnification against the legal expenses of frivolous lawsuits. This insurance is just an answer to the anti-Linux argument: "If something goes wrong, we are responsible because it is provided without warranty." This product is designed for PHBs (Pointy Headed Boss: see Dilbert) who do not understand the issues. It allows them to quantify the risk so that they can put it in their cost/benefit analysis.

      This insurance is a response to FUD about Linux. There is no evidence that there is a real problem that is being solved. This is what the grandparent's post was discussing. It now sounds like Linux users are vulnerable to being sued. Do the anti-FUD benefits outweigh the FUD damage from this? I don't know, but spreading the FUD is not going to help.

      If anything, this insurance should be touted as something that open source has that proprietary software vendors do not (I don't think that they will indemnify closed source projects, since they do not have access to the source). Describing it as something that Linux *needs* is just FUD. Describe it as something that closed source *lacks*.

    5. Re:Why this is _BAD_ for Linux... by bwcbwc · · Score: 2, Insightful

      After this my boss gets scared and thinks that there is legitimate risk involved with going to Linux. Then he thinks, "Why go with Linux and spend extra $$$ on insurance when I can just go with Windows or something else."

      Well you should point out to him that if Microsoft includes code in Windows that violates someone's patent, and he runs that code on his computer, he could be liable for violating the patent, since he is performing a patented business process. If he's really concerned about IP liability, he should buy the liability insurance for Windows, too.

      This issue isn't restricted to Open Source software, it's just that Software vendors haven't wanted to draw attention to it until they started losing sales to OSS.

      --
      We are the 198 proof..
    6. Re:Why this is _BAD_ for Linux... by NineNine · · Score: 1

      That's true, it could be. In which case, it's clear cut that MS or Intuit or whoever would be liable.

  40. You forgot Linus by jaymzter · · Score: 4, Insightful

    I'm assuming by _Linux_ you are referring specifically to the kernel. Where your scenario fails to hold water is the fact that Linus and crew actually do check the code that gets submitted for the kernel. I don't see a johnny-come-lately with miracle code that works flawlessly on the first try getting something past them. In real life, YMMV

    --
    If thou see a fair woman pay court to her, for thus thou wilt obtain love
  41. advert free mirror by Anonymous Coward · · Score: 0

    http://superultra3.uk2net.com/~lexusownersclub_org /forum/viewtopic.php?p=2126#2126 anonymous to avoid the karma whoring allegations ;)

  42. "parasites under every rock" by MoFoQ · · Score: 1

    We've all known that lawyers (SCO, etc.) and insurance ppl are the old skool parasites/bloodsuckers (excluding gold digging spouses and politicians, etc.), but from the looks of it, there are bloodsuckers of bloodsuckers (insurers against SCO).

    There SERIOUSLY needs to be a major reform of the courts to reduce frivolous lawsuits and thusly reduce insurance rates (good for work-comp rates in california too). Maybe REALLY steep fines for those filing frivolous lawsuits or lawsuits with the express intent to get a settlement, just like how some lawsuits have a ludacrisly high penalty payouts (think "tobacco" lawsuits).

  43. Re:I wonder... by Anonymous Coward · · Score: 2, Funny

    Slashdot search already gives an option to avoid low-scored posts. If speed is important, it seems better to replace the gruesome twosome of Perl and MySQL with something more robust. May I suggest Asp.net and MS SQL Server?

  44. Ah yes... by lone_marauder · · Score: 0

    Let the lawyers know that a juicy insurance settlement awaits their efforts. That will keep them off your back.

    I also hear decaying bits of tuna make good shark repellant.

    --
    who are those slashdot people? they swept over like Mongol-Tartars.
  45. More than just insurance by jtheory · · Score: 1

    Because MS can pay John Doe to contribute code from the leaked win2k source into linux and then sue every distributor of linux out of existance for copyright infringement.

    That's one of the interesting things about this company -- they are actively working to prevent this. They're hiring people like PJ and doing plenty of their own research to catch John Doe before he can do any damage.

    They have a massive (and growing) database of source code from free and non-free software that they can compare against newly submitted code.

    All of this work takes money, of course... which is where the payments from the people they insure come in. Pretty simply business model, really -- we all want someone to do all that legwork to make sure the code is beyond reproach, but none of us individually can do it -- so they sell the service (and indemnification!) to everyone. If they do their job checking the source, they'll never have to pay out.

    Seem like a win-win to me, if it works. They'll run into problems if not enough people think it's a danger.

    --
    There are only 10 types of people: those who understand decimal, those who don't, and, uh, 8 other types I forget.
    1. Re:More than just insurance by DrTentacle · · Score: 1
      If they do their job checking the source, they'll never have to pay out.


      This assumes that their code repository is complete. They won't have access to the vast amounts of closed source out there that is not shared with anyone but the people actively working on it. And the companies that own this code are just the sort who would most object to the use of their IP in OSS. As in all kinds of insurance, there's no such thing as a sure thing.
  46. Who Reinsures the Reinsurers? [n/t] by m000 · · Score: 2, Funny

    The Shadow knows.

    1. Re:Who Reinsures the Reinsurers? [n/t] by Anonymous Coward · · Score: 0

      Actually, General Electric does. The WTC towers were reinsured and reinsured down to GE.

  47. More on that benchmark by Paul+Crowley · · Score: 1

    Note that the benchmark was heavily slanted to favour Microsoft, but the Linux community wanted to win even in that instance.

    http://lwn.net/1999/features/MindCraft1.0.php3

    http://www.google.com/search?q=mindcraft+weiner

  48. Another approach by jtheory · · Score: 1

    The good thing about this company is that they're putting a lot of work and research into checking source contributions to make sure they're clean. Now they just need a business model.

    The insurance thing could work, if maybe they didn't call it "insurance". Or maybe we can just get IBM and some of the other big guys coming on board to Linux to just fund them outright... and THESE guys can offer indemnification to their customers.

    Then everybody benefits from the better processes, there's no black cloud of "...so Linux needs to be INSURED?", and Novell, IBM, etc. benefit because they can tout the indemnification to their customers.

    --
    There are only 10 types of people: those who understand decimal, those who don't, and, uh, 8 other types I forget.
  49. advert free mirror by Anonymous Coward · · Score: 0
  50. Another MS Conspiracy Post by Anonymous Coward · · Score: 0

    Seriously, why wasn't this modded double-plus ungood Flamebait Troll?

    The people running Microsoft are many things, but STUPID is not one of them.

    Also, they seem to know the difference between playing hardball to crush the competition vs. a blatantly illegal act, which is more than I can say for the parent's poster.

    1. Re:Another MS Conspiracy Post by jamonterrell · · Score: 1

      And yet you still aren't smart enough to figure out it was just an example. Another good example is if John Doe puts win2k source into linux for shits and giggles. The result is the same except that MS hasn't done anything illegal this time, and they're the ones being infringed upon. Back away from the microscope, put it away, and look at the big picture.

      --
      I can count to 1023 on my hands. Ask me about #132.
    2. Re:Another MS Conspiracy Post by Anonymous Coward · · Score: 0

      For the same reason yours isn't modded "insightful/informative", because it's not. Move on, cry baby.

  51. In other news... by Pan+T.+Hose · · Score: 5, Insightful

    Insuring Linux, Thanks to SCO

    In other news...

    Insuring Cars, Thanks to Thieves

    "There's an interesting article about the counter-reaction to thieves' attacks on cars, and how thieves may actually be one of the best things to happen to cars lately, because their attacks have turned a lot of attention to the possible Achilles' heel in the car locking process. Includes some good detail on a company offering insurance against thefts. This is a great news for every car owner."

    --
    Sincerely,
    Pan Tarhei Hosé, PhD.
    "Homo sum et cogito ergo odi profanum vulgus et libido."
  52. Up, up, up... by ozbird · · Score: 0, Redundant

    Great, now I've got the Crimson Permanent Assurance song playing in my head...

  53. Yeah, SCO is good for linux by Anonymous Coward · · Score: 3, Insightful

    It's building confidence in Linux. We look great, SCO looks like a bunch of jerks and bullies, possibly supported by Microsoft. It's showing that Linux is strong in the face of a full frontal assault, that it's not just a loose conglomerate of whimsical hackers, who'll just drop it when the going gets tough. It's commiting IBM and various other companies to the defense and support of Linux. It's providing a template and an example for future cases. After an initial wavering of faith in Linux, I'm sure we'll see a surge.

    Hell, as long as the US Justice System doesn't drop the ball, the whole SCO issue is great for linux!

  54. What? by fedork · · Score: 2, Funny

    You call this a SCO story?

    gone are those days! we used to have a REAL SCO story every day back then...

    --
    ...remember good 'ol times when IP used to mean Internet Protocol....
  55. May not be bad research... by Azureflare · · Score: 1
    Quoth I, from the first page:

    SCO claims that Linux is actually an illegal derivative of the Unix operating system, which SCO says it owns. In a lawsuit filed on March 3, SCO accused DaimlerChrysler, Chrysler's corporate parent, of violating the terms of a Unix license Chrysler signed in the 1980s -- the violation, SCO suggested, stemmed from Chrysler's adoption of Linux in place of Unix.

    Seems to be pretty clearly laying out the idea of SCO suing DC over a previous Unix license signed with SCO. Doesn't give much details, but the author isn't claiming SCO sued DC solely because they were using linux. OTOH, the AutoZone part doesn't give many details on why SCO is suing; seems like lazy journalism rather than bad homework.

    I also agree that quote from Egger is really misleading; it's misleading because Egger is spinning the matter to make it look more egregious than it really is. I suppose the article writer should have pointed it out, but again I think it's a case of lazy write-up rather than bad research.

  56. You should have used Florida instead... by Anonymous Coward · · Score: 0

    ... of New York in your joke and also mentioned something about having proof of receipt for paying your LAN tax too.

  57. Insurance through a Kalashnikov by Anonymous Coward · · Score: 0

    I have more faith in an AK-47 to protect from some SCO bastard suits than any OSS opportunists who wish to profit and suck dry our movement!

  58. No. That is not the point. by Pan+T.+Hose · · Score: 1

    Because this SCO farce demonstrated that in fact, this risk really exists. Up to you to decide if you want to buy the insurance or not now...

    No. That is not the point. SCO is the risk. They are part of the problem, not the solution. See: Insuring Cars, Thanks to Thieves. Do the car thieves demonstrate that the risk exists and without them we wouldn't know that we need car insurance? No. Not at all. Without thieves we would in fact not need said insurance. That is the point. Analogously, without such God damned immoral bastards like Darl McBride we would not need any "Linux insurance." And that is the most important point.

    --
    Sincerely,
    Pan Tarhei Hosé, PhD.
    "Homo sum et cogito ergo odi profanum vulgus et libido."
    1. Re:No. That is not the point. by Anonymous Coward · · Score: 0

      That's exactly it, you pay for vehicle security, police, prisons and legislators and then; insurance on top because all the others have failed to do what you paid them for (ie: prevent car crime). Where's the liability lie there?

      If somebody sells me your car and I am not aware it is stolen, am I guilty of car theft? NO! Is anybody seriously suggesting we all take out insurance for this "just in case"?

  59. GPL vs MS by nuggz · · Score: 1

    Nothing is different.

    I don't understand why Linux end users are different from Windows end users in a liability sense

    If MS provides code to you in violation of copyright, it isn't any different than if Redhat did.
    The only problem is that since there is no code to lock at and it is all a big secret, people assume that closed source companies own all of it. (And they definately don't, there are huge amounts of licenced code in there)

  60. Court costs back by nuggz · · Score: 1

    Do you really think that SCO will have any money left to pay the costs of IBM, Redhat, the people that tried for injunctions, those losing business due to the public statements of SCO.
    They don't have enough money NOW to cover this damage, what makes you think they'd pay for it later?

  61. Troll??? What are you talking about? by FlashBac · · Score: 1

    http://slashdot.org/articles/03/11/06/058249.shtml ?tid=106&tid=185
    So you think its a bad idea to look through the code then?
    It might be dull, but what I am saying is if they are doing it, they might see something, which would be nice.If they dont, then this is nice too, because its less likely to be there.
    Please explain how this is Trolling.

    --
    "Thats right buddy, the large print giveth, and the small print taketh away."
  62. Read on, dumbass by Anonymous Coward · · Score: 0
    From your OWN LINK:
    Exceptions are the possessives of ancient proper names in -es and -is, the possessive Jesus', and such forms as for conscience' sake, for righteousness' sake. But such forms as Achilles' heel, Moses' laws, Isis' temple are commonly replaced by

    the heel of Achilles
    the laws of Moses
    the temple of Isis


    They even give "Achilles' heel" as an example, and say it's correct, though it's often simply avoided.
    1. Re:Read on, dumbass by Anonymous Coward · · Score: 0

      Seuss is not covered by any of the exceptions given by Strunk.

  63. SCO Unix license by nuggz · · Score: 2, Insightful

    Part of the license for SCO Unix says that they may demand such a certification of compliance.

    No the contract states that they can request compliance to the license agreement.

    Companies like DC do not know, and can not confirm that there is or is not SCO code in Linux, therefore they can not certify such a thing.
    This is just as ridiculous as asking them to certify there is no SCO code in MS windows, they just can't confirm it either way.

  64. What if game .... by Anonymous Coward · · Score: 0

    What if I owned patents that I knew I could prove MS violated...

    What if I sued every MS end user...

  65. Achilles is an exception to that rule by Anonymous Coward · · Score: 0
    From your own reference:
    Exceptions are the possessives of ancient proper names in -es and -is, the possessive Jesus', and such forms as for conscience' sake, for righteousness' sake. But such forms as Achilles' heel, Moses' laws, Isis' temple are commonly replaced by

    the heel of Achilles
    the laws of Moses
    the temple of Isis

    Saying "the heel of Achilles" sounds stupid, doesn't it? So we go with "Achilles' heel." You'll be all right.
  66. RICO by bstadil · · Score: 1
    let's hope that the company selling the insurance is not related to SCO!!!

    On the contrary Let's hope they are related as that would be irrefutable proof of attempted extortion and subject to criminal RICO charges.

    --
    Help fight continental drift.
  67. Only SCO customers need insurance by Animats · · Score: 4, Insightful
    Everyone sued by SCO has had a previous contractual relationship with SCO. They've never made a straight copyright claim against an unaffiliated Linux user in court. So it's clear that the only people who might need insurance are SCO's customers.

    Also, the Delaware court ruled, in putting the Red Hat vs. SCO suit on hold, that the Utah court was deciding the copyright issue. Based on that precedent, copyright-related suits can be expected to go on hold until IBM vs SCO is decided. So SCO is a long way from being able to enforce copyright claims against anybody. They'd have to beat IBM, then Novell, then Red Hat. Only then would Linux users have anything to worry about.

    The market has picked up on this. SCO tried a stock buyback scheme to boost the the price of their stock. That worked for only a week, and bumped the price up from 9 to 11 or so. It's back to single digits today, at 9.09 today and dropping. It was 16 back in February, and 3 a year ago, before all the lawsuits.

    1. Re:Only SCO customers need insurance by corngrower · · Score: 1

      Baystar Investments want's to pull out its investment in SCO. Watch the stock fall as Darl does battle on 5 fronts, IBM, RedHat, Novell, AutoZone, Baystar --er make that six - Daimler Chrysler.

  68. I disagree by SteelX · · Score: 1

    Win2K source code will never get into Linux, since it won't pass Marcelo/Andy/Linus's quality assurance standards!

    1. Re:I disagree by Anonymous Coward · · Score: 0

      Bullshit, I have seen both the Linux and the Windows code and there are a lot of lines that are clearly derivatives. Let me explain....

      a lot of files have similar statements such as:

      #include

      a few even have derivatives such as // or /* */. I'm telling you Windows code is already in Linux!?!?!?!?

  69. "Counter-reaction"? by bonch · · Score: 1

    Isn't that...I dunno...redundant? Seems weird. Reaction is by definition a response to something.

  70. If this goes on after SCO by Ungrounded+Lightning · · Score: 1

    I believe the outcome of the SCO suit is likely to put most of this to rest.

    But if that is settled (in the favor of the open-source side) and similar suits continue to appear, we have a problem - and may need to retaliate in order to fix it.

    The problem is that, even with insurance, the threat of suits increases the cost of using Open Source - even when the code itself is free. Either you buy insurance (possibly for as much as the shelf price of a competitive product) or you risk even more if you're sued.

    Assuming the victims of the frivolous suits can't recover more than their own costs, we're left in the position of free software becoming more expensive than proprietary.

    I wonder if, should that scenario develop, one could similarly raise the price of proprietary software by similarly going after customers when a closed-source product is found to contain purloined open-source code?

    Probably a bad idea, morally and/or tactically. But I'd like to hear others' thoughts on it.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  71. Only good if the insurer helps litigate... by rdean400 · · Score: 1

    ...otherwise it will backfire completely. If the insurer settles claims instead of litigating them, it will open the floodgates for every "IP" owner under the sun to sue a user of open source products.

  72. This is strictly FUD by spitzak · · Score: 1

    In reality, copyright violations and stolen code are far more likely in closed-source. This is for the simple and obvious reason that it is a lot easier to hide the fact that you did it because far fewer people see it. I'm not talking about a company willingly stealing code, I am talking about the individual developers and contractors working for that company who are quite willing to steal and cheat to get their job done and hope the boss does not notice. OSS contributors cannot do this because they know the code will be looked at by thousands of people, at least half of who do not have an interest in using the code and may actively want to find a reason to reject your code (ie because they have their own competing contribution). Compare this to a company where at most a few dozen people look at the contributed code and all of them are interested in having the project done.

    1. Re:This is strictly FUD by 0x0d0a · · Score: 1

      I agree absolutely, and experience backs you up -- closed-source programmers are more likely to swipe code than open-source programmers (though less likely to get caught, which ultimately is what really matters).

      However, that doesn't mean that people don't need code insurance in general. This could simply have been an overlooked cost of development that SCO happened to bring to light.

    2. Re:This is strictly FUD by Anonymous Coward · · Score: 0
      However, that doesn't mean that people don't need code insurance in general. This could simply have been an overlooked cost of development that SCO happened to bring to light.

      Why can't IBM and redhat hold SCO's executives and stockholders personally liable for damages then? It could just be an overlooked cost of investment in unethical businesses that SCO happened to bring to light.

      Silly argument!

  73. Baystar wants it's money back by physick · · Score: 1

    I found a headline on the Financial Times where it said that Baystar capital allege SCO has breached their contract for their investment. But there were no details. Has anyone seen the full story?

  74. This blows by Cobralisk · · Score: 0

    Wow, this comment has taken my karma from "Positive" to "Bad" in one day. Please, no more Funny moderation! Every time someone bumps me up to 5, I get Overrated back down to 4, and since Overrated brings karma down but Funny doesn't affect karma, the net effect is a +4 or +5 post has brought me down to the AC posting level. Granted, I don't think I'm that funny, but wtf? This is really a -3 Funny. Just don't moderate me up in the first place!

    --
    Waiting for ad.doubleclick.net...
  75. Re:Why insure Microsoft? by Anonymous Coward · · Score: 0

    But why would they want to expend them on something with such a HUGE and totally unpredictable risk.

    Don't know, why would anyone insure the HUGE and unpredictable risks of .. Outlook, IE, IIS, ... ? (come to think of it, not certain anyone does)

  76. HOW IS PARENT A TROLL? by Anonymous Coward · · Score: 0
    That is the exact argument been used!
    ... how SCO may actually be one of the best things to happen to Linux lately ...

    Parent should be modded insightful!

  77. Re:just use windows by Anonymous Coward · · Score: 0
    MS indemnify's you against patent problems.

    Upto the total retail value of your M$ software. That won't help much in a patent lawsuit I'm afraid, fuckwad!

  78. Like a security review by peacefinder · · Score: 1

    The SCO attacks against Linux IP are very much akin to the attacks a system sees when sitting on an unfiltered network. They each have the effect of exposing areas of vulnerability, and generating fixes. Sure, there are some casualties on the way, but it's a productive process. ("That which does not kill us...")

    I don't have the time to flesh out the idea properly, but I expect y'all get my drift.

    If not, here's a comparison sure to annoy several people: The FSF is to free *nix legal issues what OpenBSD.org is to free *nix security issues.

    --
    With reasonable men I will reason; with humane men I will plead; but to tyrants I will give no quarter. -- William Lloyd
  79. Why we don't need insurance by salesgeek · · Score: 1

    The idea of insurance for open source liability strikes me as a very bad idea:

    1) It attaches a fee to what was once free.
    2) It makes companies carrying insurance more likely to pass deep pockets analysis and be sued.
    3) Insurers like to settle. The result is precident. And any precident that says Open Source is tainted is very bad.
    4) The mere availability of insurance speeks volumes to the confidence the market has in the product.

    --
    -- $G
  80. HOW do you make sure they're "clean"? by khasim · · Score: 1

    They do NOT have access to all the millions of lines of proprietary code out there.

    There is no way for them to tell whether some code was stolen or not.

    The best thing anyone can do is to keep doing exactly what they have done before. Write the code. Document who submitted it and when and who submitted patches for it and when and so forth.

    All I see here is a lawyer trying to make money off of Linux.

    A. Either no will will ever be successfully sued, in which case you've wasted your money...
    -or-
    B. Violations will be found and EVERYONE will be sued and the insurance company will go broke paying all the claims.

    Now, think about which (A or B) the lawyer will WANT to be on and then think about paying for any "insurance".

  81. I hope it's not PJ and Perens. by khasim · · Score: 1

    I hope it's just Egger looking for some income and hiring PJ and Perens to do "work" as an excuse to exploit their name-recognition.

    You see OSRM, you see PJ mentioned. Yet she is not the lawyer and not the driving force behind this and not fronting the cash. She does RESEARCH. She's a PARA-LEGAL.

    She isn't an insurance genius.

    She isn't a hot-shot lawyer.

    She isn't massively wealthy.

    But she always gets mentioned. To me, that means someone is trying to trade on her name. I hope it is Egger and not PJ herself.

    1. Re:I hope it's not PJ and Perens. by Anonymous Coward · · Score: 0

      it probably is - she feeds of this whole scam - and is probably scamming all of us in the process.

      She writes about the stuff - gets 'hired' by OSRM - who then makes money using her credibility which she then pockets to do whatever she wants with.

      Perens is no better then and I think by joining in this he loses all credibility that he has in the community. The dudes a sellout and a washed up pundit.

      sound like a sweet con job to me.

  82. Does anyone proof read anymore? by Anonymous Coward · · Score: 0
    .. this time I'm not talking about the Slashdot editors. From the article:
    (That dispute's impact on end users will in our view eventually boil down to the legal issue of whether AT&T's secret 1993 contractual agreement to drop its copyright lawsuit against BSD and not to sue users of BSD Linux will also remain binding on the successors in interest that are each defending AT&T's rights.
    `BSD Linux' eh.. and no closing paren on top of that. If 'experts' and 'professionals' are making these mistakes in fields that I know something about, I fear what BS I'm taking as gospel in realms in which I have no clue.
  83. Re:just use windows by Anonymous Coward · · Score: 0

    So then does the linux insurance indenify you up to the retail value (less than zero) of linux, fuckwad?

  84. *BSD! by telemonster · · Score: 1

    Pretty simple solution, FreeBSD. Or OpenBSD if your paranoid and don't mind sacrificing IO performance for audits. Or NetBSD if your running on some sorta reject box that probably shouldn't be running BSD and should be running the native OS for that hardware platform.

    But no, everyone is gaga over Linux. Meanwhile, BSD systems and users sit in the background humming along, under the scope of the media radar.

    --
    Southeastern Virginia REPRESENT!
  85. I work at an insurance company. by khasim · · Score: 1

    Insurance is competitive. The companies have to look at all kinds of information to determine the lowest price they can charge while still earning enough to pay claims. With fire and such, a lot of the data is statistical. They can look at the statistics of how many homes burned in an area and how much the settlement was for.

    The same with auto insurance. They look at your driving record and compare your stats with others in that area.

    This "insurance" doesn't fit the standard model. What is the likelyhood of a distribution being sued?

    We can tell how many homes per 1,000 will catch fire for any area. But no distributions have ever been sued before. We don't know the likelyhood OR the settlement history. So how can they determine the premiums (the money you pay to be insured)?

    You have to take in enough money to pay the claims (plus paying the people working for you). If you don't know how big the claims will be, how can you know how much to charge?

  86. I don't like it either by kardar · · Score: 1

    I do think that Groklaw is cool, and some of the people that post there are some very experienced programmers - I have learned quite a few things from reading the posts over there. It is a very, very valuable source of information, if you can weed through the garbage (every site like that, including /. has garbage (no offense meant))- so I have a lot of respect for Groklaw, but there is one disturbing trend that bothers me; it goes like this. It starts when a self-proclaimed IP holder, or an analyst, or a reporter says something absurd or uninformed or uneducated or something in bad faith about Linux - this quote, article, statement, etc... then makes it onto Groklaw's toplevel story, a sense of outrage and injustice is built up, worst-case scenarios are explored, and then there is a constructive, facts-based, breaking-down of the rhetoric. That's all fine, in and of itself, but the way I see it, all you need to do is break down the facts once and it becomes obvious that the situation is not quite as bad as you can make it out to be if you freak out about it in your own mind. It's another implementation of Hades to have to do this every day for the rest of eternity. I find sometimes that it's easier to remain calm, and not worry. So my concern is that there appears to be a need to amplify, or that Groklaw has, at times, amplified the FUD, prior to breaking it down. Instead of amplifying the FUD, ignore it, then you don't need to break it down. That's my complaint. So tie that in with an open-source insurance company, and I don't like what I see one bit. Of course insurance companies will amplify FUD if it is in their best interests, but you shouldn't on the one hand complain about FUD and on the other amplify it whilst offering a solution to it from which you will reap financial gain. I don't like that at all. Maybe the open-source insurance company will be non-profit, that's one thing, but if it needs backers, those people will be in it for money. Somewhere down the line, "open-source insurance" will be making someone rich. That's my point. So don't amplify the FUD, please.

    What is an appropriate remedy if there were to have been some misappropriated code, which there more than likely is not? Certainly not what SCO is suggesting. They aren't actually focused on a remedy, they appear to be focused on the "freedom" part, the freedom to view source code and modify it. This freedom is going to be extremely, extremely, extremely difficult to insure, because you never know who is modifying what, where, when, and how; to have to submit your source code to the insurance people every time you change something is kind of absurd, but that's of course what you are going to have to do. The "price" of Linux is what it is. You can either afford it or you can't. It's the freedom to modify, the freedom to change the source, that's the freedom that is being attacked. Losing that freedom is not an appropriate remedy for copyright, patent, or trademark infringement. There are more appropriate remedies for those types of violations. Insurance will also have to put some kind of damper on that freedom in order to be financially plausible. That's why I think it's a bad idea.

    I think it's an overreaction. People aren't going to stop using Linux, it's going to be very hard to get people to stop using Linux. Especially in an international sense. Linux is not just about the US, it's about the world. Worst-case scenario, those countries who don't adopt an attitude like Germany has are going to lose out. Obviously, insurance is neither a particularly desirable thing, nor is it anyone's first choice. Now, insurance against a poor legal system, that's a good idea!

    Find a way to insure freely modifiable software without putting a damper on the freedom to modify. I bet you can't.

  87. you people are enough by Anonymous Coward · · Score: 0

    to make me support Microsoft.

  88. Oh the irony. by Anonymous Coward · · Score: 0

    The premiums for Linux insurance would probably be greater than those for a Windows license.

    So much for that TCO bullshit from the Zealots.

    BWAHAHAHAHAHAHAHA!!!!!!!!!

    1. Re:Oh the irony. by Anonymous Coward · · Score: 0

      I find this funny too. Maybe it will help Solaris and other real operating systems too.

  89. Pasteur Analogy by Anonymous Coward · · Score: 0
    how is that actually good for Linux.
    Think of the SCO lawsuit as cowpox. Exposure to that virus marshalled the immune systems of milkmaids, helping to protect them against smallpox. Noticing this fact led Louis Pasteur to do research that made vaccines possible.

    So if BP and PJ can come up with AV against BS IP suits, maybe MBA PHBs will just buy a policy, instead of the FUD from MS and its minions.

  90. Motley Fool already pointed out this may be a scam by ron_ivi · · Score: 1
    Fool.com writes:

    " So, it should come as no surprise that SCO Group's (Nasdaq: SCOX) lawsuit against the Linux industry has produced what could either be a profitable new market niche or a spectacular new scam: open source insurance."

  91. Re:just use windows by HotNerd · · Score: 0

    whatever

    --
    .Sens.
  92. Re:just use windows by drwtsn32 · · Score: 1

    hey sexy

  93. Re:just use windows by HotNerd · · Score: 0

    slack drwtsn32? :p

    --
    .Sens.
  94. Everyone profiting from open source development... by njcoder · · Score: 1
    Is everyone profitting from open source development except open source developers?

    Why is it that so many companies can come up with business models that deal with open source software but most open source software relies on "donations"?

    Not trying to be cute. I've wondered about this before.