HP Shields Linux Users, VARs
HP said it will offer all current and future Linux customers and partners full indemnification from any liability claims from SCO against them in the future. The indemnification begins on Oct 1.
"HP's action just helps to further demonstrate that the Linux world is confident SCO's claims can't stick," said Evan Leibovitch, president of the Linux Professional Institute, Toronto.
Palo Alto, Calif.-based HP said it is indemnifying its customers and partners only to ease any concerns they might have about moving forward with Linux in a confusing legal climate.
"HP hasn't signed any Linux agreement with SCO. This is about accountability and protecting the customer," said Martin Fink, vice president of HP's Linux Systems Division, during a conference call last week. "We have not found [that] customers are worried about long-term viability of Linux and the lawsuit, but we developed this [plan] to mitigate the risk of choosing Linux."
SCO's lawsuit alleges that IBM improperly donated Unix Systems V code to the Linux kernel and is guilty of contract violations. SCO later tried to broaden the scope of accountability beyond Big Blue by sending a letter to 1,600 corporations using Linux charging that they, too, may be held liable for using Linux code without SCO's permission. SCO, Lindon, Utah, then offered an option to license its UnixWare to avoid culpability.
The letter caused a furor in the Linux community, but few companies have elected to license UnixWare, industry sources said.
SCO characterized HP's indemnification clause as a proper reading of its strong legal case. "HP's actions ... reaffirm the fact that enterprise end users running Linux are exposed to legal risks," according to a statement from SCO.