The use of open source software carries the risk that third parties may claim that the open source code incorporates their intellectual property. The SCO claim that Linux contains copyrighted SCO code is a well-known example. Mechanisms incorporated in open source code also may infringe on patents. See Pet Loshin, "The Linux Liability Problem." Making patents of a few companies free for open source does not solve the problem. Large corporations that use open source software are particularly at risk because the open source software can become a critical element of their business operations, and third party claims could be substantial.
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