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HP customers safe from SCO

Ina Fried CNET News.com

Published: 24 Sep 2003 08:45 BST

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Hewlett-Packard plans to announce on Wednesday that it will indemnify its Linux customers against potential legal actions by SCO Group.

An HP representative confirmed late on Tuesday that the company will announce plans to assume liability for its customers' use of Linux. SCO has asserted that its code was unlawfully inserted into the open-source operating system.

HP is one of the largest sellers of servers running Linux.

Earlier this year, SCO filed a $3bn (£1.81bn) lawsuit against IBM for allegedly misappropriating Unix technology. Since then, the company has asserted broad rights over Linux, sending a letter to 1,500 large companies telling them that they could be liable for damages because of their use of Linux.

IBM has filed a countersuit against SCO.

The HP representative said the company has no plans to sue SCO itself.

"We really thought about it and we decided we were just going to move forward and assume all risk ourselves," the representative said. "This is what we want to do to protect our customers."

The open-source community has soundly rejected SCO's claims, although a couple of companies have agreed to pay license fees for their use of Linux, SCO has said.

Sellers of Linux and Linux-based systems have taken a variety of approaches, ranging from denouncing SCO's claims to filing suit, as Red Hat has done.

Red Hat also set up a $1m legal fund -- the Open Source Now Fund -- to defray legal costs that may be incurred by Linux developers.

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