Panelists at MySQL’s user conference Wednesday discussed challenges in the enterprise pertaining to open source and, as could be expected, the familiar issue of legal issues surrounding software patents came up. The concern is that customers in deploying open source software may unknowingly be using patented software without permission, with patent holders then able to seek compensation. But the issue apparently is not stopping open source deployments, the panel moderator said. “In our experience, [the issue] may hold it up, but we haven’t seen it stop it,” said Andrew Aitken, managing parter at Olliance Group, which provides management consulting pertaining to open source. The legal issues are a concern on the part of purchasers; vendors must help customers, said Rick Fleischman, director of product marketing for Zend, which focuses on PHP-based software development. As companies adopt open source, they consider themselves possible targets, he said. The question is how vendors can ensure there won’t be patent issues. “I don’t think it’s resolved at this point,” Fleischman said. “Whenever you talk to customers, the subject of indemnification comes up,” said Javier Soltero, president of Hyperic, which provides IT management technologies. Parties seeking indemnification might even hear that the provider wants indemnification in return, according to Soltero.Concerns about software patents could act like a governor on a car, keeping open source adoption from accelerating at a higher speed. But some customers now seek open source solutions first and commercial offerings only as a last resort. Thusly, it doesn’t look like these legal issues will serve as a brake on open source deployments altogether. (By Paul Krill, reporting from MySQL Users Conference 2005 in Santa Clara, Calif.) Technology Industry