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OSDL RELEASES Q&A ADDRESSING RECENT LEGAL ACTIONS BY SCO GROUP
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The Open Source Development Lab (OSDL), a global consortium of leading technology companies dedicated to accelerating the adoption of Linux, today released a Q&A paper written by noted technology law and intellectual property expert Lawrence Rosen. The paper asks and answers key questions about SCO Group's current lawsuit against IBM and about its threatened litigation against users of Linux. The Q&A paper is designed to help Linux users with information to better understand the legal issues in this case, and to help them evaluate their own position with respect to SCO's demand for license fees from companies that continue to use Linux.

In his paper, Rosen identifies some of the legal issues raised by the SCO Group's claims as they relate to Linux development and usage. He does not offer legal advice, but rather frames some of the key questions that companies should ask their own counsel about their use of Linux. He points out that SCO has a long way to go before it can assert broad intellectual property claims against an operating system that was written by thousands of open source programmers worldwide.

"As we have noted before, we see no evidence that end users are slowing down their Linux implementation plans because of SCO's actions" said Stuart Cohen, OSDL CEO. "Mr. Rosen's paper is designed to help users assess whether or not they need to purchase a license to use Linux. We want all those in the Linux industry to know OSDL's position on this issue: Absent clear, open and publicly available evidence that using Linux violates rights that SCO has not already freely conferred by distributing Linux under the GPL license over the course of several years, there is real doubt as to whether end users should purchase a license from SCO."

Key issues covered in Rosen's paper include:

Extent to which the Linux operating system is involved in SCO vs. IBM
Extent to which any single entity has copyright control over Linux
Assessment of impact SCO vs. IBM may have on users of Linux
"The real legal issue in this case is between two companies, not between a software provider and end users, nor between a company and an operating system," Rosen says. "Users should be completely informed of their rights and obligations, if any, before they take steps to purchase a software license they may never need."

To read the entire paper, please visit the OSDL Web site at:

http://www.osdl.org/docs/qa_re_sco_vs_ibm.pdf

http://www.osdl.org/docs/qa_re_sco_vs_ibm_html.html

Lawrence Rosen is founding partner of Rosenlaw & Einschlag, a technology law firm, with offices in Los Altos Hills and Ukiah, California (www.rosenlaw.com). He also serves as general counsel and secretary of Open Source Initiative (www.opensource.org), which reviews and approves open source licenses and educates the public about open source issues.

About the Open Source Development Lab

OSDL - home to Linus Torvalds, the creator of Linux - is dedicated to accelerating the growth and adoption of Linux in the enterprise. Founded in 2000 and supported by a global consortium of IT industry leaders, OSDL is a non-profit organization that provides state-of the-art computing and test facilities in the United States and Japan available to developers around the world. OSDL sponsors include Alcatel, Cisco, Computer Associates, Dell, Ericsson, Force Computers, Fujitsu, HP, Hitachi, IBM, Intel, Linuxcare, Miracle Linux Corporation, Mitsubishi Electric, MontaVista Software, NEC Corporation, Nokia, Red Hat, SuSE, TimeSys, Toshiba, Transmeta Corporation, Turbolinux and VA Software. Visit OSDL on the Web at www.osdl.org.

OSDL is a trademark of Open Source Development Labs, Inc. Linux is a trademark of Linus Torvalds. Third party marks and brands are the property of their respective holders


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 Insurance Claims
 by: Alan Jason Smith

When you are involved in an accident insurance claims may not be the first thoughts on your mind. However, there are some procedures you should follow in order to preserve your right to file an insurance claim. This may be anything from hail damage to a stolen vehicle and does not refer solely to car accidents.

The first thing you want to do is prevention. Most insurance claims can be prevented even before the incident occurs. For instance, to prevent auto accident’s be cautious and think about taking a defensive driving course. To prevent stolen vehicle insurance claims, keep you vehicle locked up and parked in a secure place. To prevent damage from the forces of nature do not travel in bad weather and keep your car in a covered parkway. There are many ways to prevent yourself from incurring loss. Most ideas are just common sense. However, for more information contact your insurance agent for ideas on prevention. Next, you will want to remain calm. When disaster strikes people react. That is our nature. However, sometimes people’s reactions can make things worse on their insurance claims.

If you’re in a car accident this might mean taking the blame, leaving the scene of an accident, or putting your self in danger. If you’re car is stolen you may act on your reaction by accusing innocent persons. There are a number of problems that can arise when people over react that is why it is essential to your insurance claim for you to remain calm.

Now, the next thing you need to be aware of is time. You see, time is not on your side when filing an insurance claim. The longer you wait the less your chances are of recovering your loss. Most insurance companies will not even consider a claim if it was turned in a certain amount of time after the incident. It is also harder to prove the longer you go before submitting an insurance claim.

Finally, you will want to follow procedures and document everything. Insurance companies are hit with frauds all the time. In order to weed out the actual claims from the fraudulent ones, they have to have clear cut procedures. Unfortunately, this can sometimes be confusing to actual victims. Yet, they are in place out of the need to protect the company. This means that you will have to educate yourself to what the policies are. Find out what documentation you need and what forms you will have to file. If you need help, contact your insurance agent. That is what they are there for. If you follow this advice, you should be able to file a claim relatively easy and with the least amount of lag time before payment.


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