HP says will indemnify customers on use of Linux Reuters, 09.24.03, 12:32 PM ET By Duncan Martell
SAN FRANCISCO (Reuters) - Hewlett-Packard Co. Wednesday said it would indemnify its customers who use the Linux operating system against potential legal troubles stemming from SCO Group Inc.'s ongoing lawsuit against International Business Machines Corp. alleging copyright infringement.
"Today HP becomes the first major Linux vendor to offer ... indemnification from alleged copyright infringement," said Martin Fink, HP's vice president for Linux in a conference call with reporters.
SCO, which claims its blueprint for Unix software is used illegally in versions of the free Linux operating system, Wednesday praised HP's decision to indemnify its customers against possible legal tangles using Linux.
"Rather than deny the existence of substantial structural problems with Linux as many Open Source leaders have done, HP is acknowledging that issues exist and is attempting to be responsive to its customers' request for relief," SCO said in a statement.
Many users and developers of Linux, which is called open source because it can be copied and modified freely, unlike proprietary software such as Unix and Microsoft Corp.'s Windows, have rejected SCO's claims, saying SCO has yet to provide proof that their intellectual property is used in Linux.
SCO, which owns the right to Unix, the networking software program upon which Linux is based, sued IBM for billions earlier this year for introducing Unix code into Linux. SCO is also going after companies to pay to use Linux or face litigation."
So long as customers do not modify the Linux software code on systems that HP sells using Red Hat Inc.'s and closely held SuSe's and other Linux software, they will be indemnified, Fink said.
Customers will be indemnified on systems that are purchased after Oct. 1, Fink said.
"We have not signed any Linux-specific agreement with SCO and have not exchanged any monies with respect to indemnification," Fink said. "We're giving the green light to customers on moving forward on their Linux deployment," Fink said, adding that it was up to the court to decide whether or not SCO's claims had any merit. Copyright 2003, Reuters News Service