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Feb 12, 2013 at 18:09 comment added benmarks @RalphTice My answer is meant to add to the existing answers, since none of them mentioned indemnity. Maybe this intent of my answer was missed by you and I therefore misunderstood your comment. Beyond this: given that software patent suits (spurious or otherwise) are a reality, relatively cheap indemnity is right for potential targets. Trolls win when little companies cave; big companies can wage an expensive fight against these terrible creatures. Denying trolls money or (better) engaging them in a costly battle is more of a win for the good guys.
Feb 12, 2013 at 17:31 comment added Ralph Tice @benmarks You're making a fallacious appeal to size, in assuming that the size of an organization or its revenues is relevant to whether something is 'right' or not as well as an incorrect assumption as to the scale of the operations I'm responsible for. Also you seem to agree with me anyway -- indemnification is never the sole interest in purchasing licensing.
Feb 12, 2013 at 15:12 comment added benmarks @RalphTice Far from accurate. There ARE legitimate software patents out there which may lay valid claim. Regardless, enterprise organizations always look to mitigate risk for the least amount possible, and an annual license of less than $15,000 is a pittance for an these organizations with revenue in the millions. Moreover, it's rare that these organizations would be interested only in indemnification - the SLA and access to EE features are almost always part of the purchase logic.
Feb 12, 2013 at 14:31 comment added Ralph Tice If you pay Magento for an EE license just because of lawsuit concerns the patent trolls win. This is like meta patent trolling.
Feb 11, 2013 at 22:33 comment added philwinkle Fantastic answer.
Feb 11, 2013 at 18:20 history answered benmarks CC BY-SA 3.0