Comment Chill is still there (Score 4, Interesting) 582
In short the answer is yes. SCOs lawsuit is slowing the deployment of Linux and other OSS in at least my enterprise
The longer answer is below:
I've read a bunch of these SCO Bad vs. Linux Good threads on /. for the last few months. I haven't really seen anyone point out the challenge that OSS puts into the corporate world in terms of how using software, particular mission critical software, is different now with OSS model then in the old traditional enterprise license model. The biggest area of concern as noted before is the IP infringement and that is what the SCO case fundamentally is about regardless of its particular merits (or lack there of).
When a large enterprise goes down the road of building a critical business application (read as revenue producing) many times there is a contract negotiation that has an Indemnity clause to protect the company licensing the software from claims against intellectual property asserted by another party. The greatest risk for the mission critical application is that there could be an attempt at an injunctive action against the infringing parties (Not common, but it does happen anyone remember Amazon's one click and bn.com???). This then could mean the company licensing the software that infringes might have to shutdown their application. Not such a big deal if now I can't load those spiffy web applets in my browser to download MP3s or have to make two clicks to buy a book, but a real bummer if Im a bank and I cannot run my funds transfer system.
In the case that a traditional software application infringes on the IP of another the indemnity clause gives the end user some protection. [Of course an indemnity clause from Joe & Bob development, Inc. doesnt really mean that much to Mucho-Huge-Bank-Corp, Inc., but one from Mega-PC-Soft, Inc. might.) In either case it also places a burden, because of the indemnity clause, on the original software developer to do a search of intellectual property to see if the is an infringement and seek to license from the IP owner that intellectual property or re-build the infringing model. If I am a software development shop and know my industry my legal consul can perform that task, as I know the internal mechanisms of the software applications I developed. You see this happen all the time in standards bodies when new specifications are being developed its called "identification of necessary claims" by the parties to the standard.
The trick is this is very hard to do for an enterprise that is the end customer of an application. As such, all new software that use OSS either in the app layer or as the base OS is still being viewed with a hairy eye-ball and needs to have a "how do I move to something else" plan developed before it is deployed in my shop. This is manageable for something like Apache where I can replace it with another web server with a modest amount of trauma, but a whole different story when I need to rebuild from the ground up because I have to toss the operating system.
My $0.02
The longer answer is below:
I've read a bunch of these SCO Bad vs. Linux Good threads on
When a large enterprise goes down the road of building a critical business application (read as revenue producing) many times there is a contract negotiation that has an Indemnity clause to protect the company licensing the software from claims against intellectual property asserted by another party. The greatest risk for the mission critical application is that there could be an attempt at an injunctive action against the infringing parties (Not common, but it does happen anyone remember Amazon's one click and bn.com???). This then could mean the company licensing the software that infringes might have to shutdown their application. Not such a big deal if now I can't load those spiffy web applets in my browser to download MP3s or have to make two clicks to buy a book, but a real bummer if Im a bank and I cannot run my funds transfer system.
In the case that a traditional software application infringes on the IP of another the indemnity clause gives the end user some protection. [Of course an indemnity clause from Joe & Bob development, Inc. doesnt really mean that much to Mucho-Huge-Bank-Corp, Inc., but one from Mega-PC-Soft, Inc. might.) In either case it also places a burden, because of the indemnity clause, on the original software developer to do a search of intellectual property to see if the is an infringement and seek to license from the IP owner that intellectual property or re-build the infringing model. If I am a software development shop and know my industry my legal consul can perform that task, as I know the internal mechanisms of the software applications I developed. You see this happen all the time in standards bodies when new specifications are being developed its called "identification of necessary claims" by the parties to the standard.
The trick is this is very hard to do for an enterprise that is the end customer of an application. As such, all new software that use OSS either in the app layer or as the base OS is still being viewed with a hairy eye-ball and needs to have a "how do I move to something else" plan developed before it is deployed in my shop. This is manageable for something like Apache where I can replace it with another web server with a modest amount of trauma, but a whole different story when I need to rebuild from the ground up because I have to toss the operating system.
My $0.02
