Maybe I'm wrong, and someone will gentle point me where. But this is what I think about the IBM's caution:
If its Open Source, or Free Software (in the GPL sense), why bother asking all that questions? I can't understand why the SCO's nonsense should negatively influence the (?:Open Source|Free Software) development efforts arround the world. They shouldn't just "Keep It Simple", and use the software as I do (on a commercial solution, BTW)?
On the other hand, about any IP disclaimer from whoever you works for, if it exists, should be respected. If it doesn't, what your employer or any other person can do against your IP rights?
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