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Bullard, Claude L (Len) wrote:
> The GNU forces the cost of that back to the software purchaser
> and that is unacceptable to some buyers.
> It is a cost of doing business. As I read these
> RFPs, I see the indemnification clauses in all of
> them. This isn't new stuff. There is naivete
> or simple arrogance in denying it is important.
Len,
You keep implying that indemnification is automatic in the proprietary
software world. Is that really true? Here are a few links about the MS
SQL Server/Timeline lawsuit, where MS apparently purchased a patent
license that covers itself but not its customers:
http://news.com.com/2100-1001-985359.html?tag=fd_top
http://www.ecommlawreport.com/ecommlawreport/article.html
http://www.oreillynet.com/pub/wlg/3564
Does your company use SQL Server? Has MS indemnified you against patent
infringment? (Reading those articles, it appears that their standard
EULA doesn't, at least in the Timeline case.) If you're indemnifying
your customers, exactly what risks have you assumed?
Jim
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