The Impact of Indemnification: Linking Vendor Strategies and the Needs of IT Professionals

Table of Contents

• Table of Contents
• IDC Opinion
• In This Study
  • Methodology
  • Executive Summary
• Situation Overview
  • Protecting Intellectual Property - A Primer
  • End Users Caught in the Crossfire
    • The SCO Case
    • Table: Open Source Legal Funds
    • Indemnification to the Rescue?
    • Was the SCO Case the Cause or the Catalyst?
      • Software Patents Are a Relatively Recent Phenomenon
      • The Number and Proportion of Software Patents Is Rising Dramatically
      • Figure: Software Patent Trends, 1976-2002
      • Patent Quality Is an Increasing Concern
      • Fighting U.S. Patents in Court Is Difficult and Expensive
      • The USPTO Incentive Systems Position the Office as Advocate for Patents
      • The World Intellectual Property Organization Is Actively Working to Establish Better Global Standards for IP Protection
      • Business Methods Are Patentable
      • Intellectual Property Is Becoming Big Business
      • The Issue Is Broader than Just One Lawsuit
    • What Is Indemnification, and Why Should End Users Care?
    • Table: Selected Software Vendor IP Indemnification Programs/Policies by Vendor
      • The Solution Conundrum
      • The Best Coverage?
      • The Bottom Line
    • What About Insurance?
    • Whats the End-User Reaction to All This?
      • IT Executives Are Taking the IP Indemnification Issue Seriously; Although a Healthy Dose of Cynicism Definitely Exists
      • Figure: Impressions of the Intellectual Property Issue
      • The Threat Is There - Especially for Large Organizations
      • Figure: Legal Actions Against Respondent Companies
      • This Is an IT Management Issue - Not an Open Source Issue
      • The Most Knowledgeable Focus on Policy Compliance
      • Figure: Knowledge of IP Indemnification
      • Cost Is a Major Concern, but Impact on Innovation Tops the List
      • Figure: IP Indemnification Issues Rated of High Concern
      • Policies Exist, Often Involving Legal Review and Purchase Criteria
      • Figure: Status of Indemnification Policies
      • Figure: Indemnification Policy Characteristics
      • Figure: Top 3 Roles Affecting Indemnification Policies
      • Figure: Opinions and Behaviors Around IP Indemnification Practices and Their Effects
      • Its Not Clear That Vendors Benefit from Going Beyond the Threshold
      • Figure: Minimum Acceptable Threshold Indemnification Offerings
• Future Outlook
• Essential Guidance
  • Actions to Consider
• Learn More
  • Related Research
  • Synopsis