||Linux and Patent Risks|
|Subject:||No guarantee of indemnification with proprietary software, either|
As Ravicher explained, the cost of proprietary software includes some amount of patent insurance. The vendor of the software takes on the risk of defending its users against patent claims made by other parties.
Don't you believe it. Here's a quote from almost any of Microsoft's EULAs (End User License Agreements):
So Microsoft will not even warrant that the code it has sold you is non-infringing. If some code by Microsoft infringes some patent, MS can tell you that you're on your own and you'll probably have no recourse against them.