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By Ina Fried
Posted on ZDNet News: Feb 10, 2005 5:00:00 AM

Microsoft is touting a new study that points out that the software maker offers customers more legal protection against intellectual-property claims than that given by open-source rivals.

The report, by IDC analysts Stephen Graham and Alexandrina Boariu, says that Microsoft's policy indemnifying all end users over most types of intellectual-property claims "effectively raises the stakes for protecting software customers."

However, the report is fairly neutral on whether such protection is a major issue for customers. The report notes that outside of SCO's actions against Linux, major claims affecting software end customers have been fairly rare. At the same time, IDC notes that discussion of the issue has risen in the wake of SCO's actions.

"Recognize this for what it is--a differentiation strategy," the IDC analysts said in the report. "If customers value this basis of differentiation, they will act accordingly."

Microsoft, in particular, has been vocal on the issue, marketing it as the latest component of its anti-Linux "get the facts" campaign. In November, Microsoft extended its legal protection to nearly all customers, whereas a previous policy was limited to volume license customers. The company has also lifted a monetary cap it once had against such claims.

Martin Taylor, Microsoft's general manager of platform strategy, said the issue is of increasing concern to customers, particularly when it comes to core systems.

"It's really about how much do they care about it and what level of risk do they want to assume," Taylor said.

Hewlett-Packard and Novell have offered liability protection to some Linux customers, but both Microsoft and analysts have noted that those protections are more limited than the broad indemnity offered by Microsoft.

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  • Talkback
  • Most Recent of 39 Talkback(s)
Splitting hairs.
The legal term is "liability," but it's the same principle. It assigns responsibility to the defendant.

Criminal sanctions may include restitution, community service, fines or incarceration. H... (Read the rest)
Posted by: Immanuel Tranz-Mischen Posted on: 02/10/05 You are currently: a Guest | | Terms of Use
But who cares?  Martin Marvinski | 02/09/05
Yes, you are right  Roger Ramjet | 02/10/05
AS x approaches Infinity...  The King's Servant | 02/10/05
linux has the problem of lack of suppor  liskanich | 02/10/05
Lack of Support?  nucrash | 02/10/05
Couldn't disagree more  seosamh_z | 02/10/05
I've found MS support to be very expensive  voska | 02/10/05
Riiiiiiiiiiiiiiiight  Mack DaNife | 02/10/05
Lack of support? Not according to IBM  alterego_z | 02/10/05
So does MS  rpmyers1 | 02/10/05
This would be news if...  jstead1 | 02/10/05
Great issues of the Western World - NOT  IT_User | 02/10/05
MSFT's Wookie Defense  Chad_z | 02/10/05
Recognize for what it is ~ M$ Extortion Racket  Aerial | 02/10/05
Waiting for the first real case.  Anton Philidor | 02/10/05
Wrong ...  George Mitchell | 02/10/05
Civil court  cthompson | 02/10/05
There is still a burden of proof ...  George Mitchell | 02/10/05
Wrong  Immanuel Tranz-Mischen | 02/10/05
In criminal cases  voska | 02/10/05
Your point?  Immanuel Tranz-Mischen | 02/10/05
There is no such thing as Inncocent until proven guilty  voska | 02/10/05
Yes there is.  Immanuel Tranz-Mischen | 02/10/05
There is no guilt in civil court  voska | 02/10/05
Splitting hairs.  Immanuel Tranz-Mischen | 02/10/05
Well, it also pays to be insured ...  George Mitchell | 02/10/05
End users can be sued for patent infringement.  Anton Philidor | 02/10/05
Dell is hardly an end user in this case ...  George Mitchell | 02/10/05
Dell isn't the end user  voska | 02/10/05
What;'s this about Open Source?  IT_User | 02/10/05
Ok, so usually....  vdraken | 02/10/05
Another unneeded product from Microsoft ...  George Mitchell | 02/10/05
Developer and user simultaneously...  Anton Philidor | 02/10/05
The users ARE waiting for the developers to lose ...  George Mitchell | 02/10/05
More Like M$ Legal Protections  tbbrickster_z | 02/10/05
Some interesting questions ...  George Mitchell | 02/10/05
Depends on the contract.  Immanuel Tranz-Mischen | 02/10/05
They've learned well.  Immanuel Tranz-Mischen | 02/10/05
now linux will do it too to shut up microsoft..  M_c | 02/10/05

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