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Open source software has been gaining popularity in the IT marketplace, but it has also faced resistance and attacks from commercial software vendors. These attacks aim to sow fear, uncertainty, and doubt (FUD) among potential customers. This chapter explores the current wave of FUD against open source, focusing on the SCO Group’s lawsuit against IBM in 2003 and the aftermath of that lawsuit.

The SCO lawsuit against IBM was centered around SCO’s claim that it owned the patents and intellectual property rights to Unix, and that IBM had infringed upon these rights by adding proprietary Unix code to the open source code base of Linux. SCO sued IBM for $1 billion and also sent letters to Fortune 1,000 companies demanding licensing fees for the use of Linux. This led to speculation that Microsoft was backing SCO in an attempt to undermine the open source movement.

The SCO case has faced significant criticism and skepticism, with many legal scholars and open source advocates believing that SCO’s claims are weak. The case has also shone a spotlight on the legal issues surrounding open source software and the potential for future attacks on the movement. It is unclear what the ultimate outcome of the SCO lawsuit will be, but it has exposed the vulnerabilities of the open source development model and raised questions about the ownership and authorship of open source code.

The chapter also discusses the implications of the SCO crisis for open source users. While the case has created uncertainty and fear among some companies, it is generally believed that the case is not a significant threat to the open source movement as a whole. However, it has highlighted the need for vigilance and risk management when using open source software.

The chapter also mentions the concept of indemnification, which some companies have started offering to open source customers as a form of protection against potential legal risks. Indemnification offers some level of warranty and protection, but it is not a foolproof solution and has limitations.

Another concern for open source software is the growing number of software patents that have been issued in recent years. Patents can be a threat to open source, as they can be violated unwittingly and can lead to costly litigation. However, patents are a concern for both open source and commercial software, and any lawsuits based on patents would likely involve the same players as the SCO case.

Overall, while there are risks and challenges associated with open source software, many companies around the world continue to embrace it despite the FUD campaigns. The chapter concludes by emphasizing the need for companies to assess and manage risks when using any software, whether open source or commercial.

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