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[News] Sun Walks Away from NetApp's Attempt to Milk Open Source

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Sun picks away at NetApp's patent claims

,----[ Quote ]
| The war-of-words between Sun Microsystems and NetApp over patent infringement 
| claims wages on, while legal means to settle the matter have failed. 
| 
| The two companies tried to sit down this week for a settlement conference, 
| but judging by Sun's response of publicly boasting that it has removed at 
| least one of NetApp's patents from the litigation and declaring the legal  
| scuffle a war between ideologies — we'd say the mediation wasn't entirely a 
| success.   
`----

http://www.theregister.co.uk/2008/06/27/sun_versus_netapp_take_four_million/

Book Review: Markman at the Beach

,----[ Quote ]
| The book is a real treat for those who like intellectual property (despite 
| the anti-patent message of the book) and may offer something for the 
| generalist reader who likes to get lost in a legal thriller while basking in 
| the summer sun.   
`----

http://www.patentlyo.com/patent/2008/06/markman-at-the.html


Recent:

Sun fires another shot at NetApp

,----[ Quote ]
| But perhaps the harshest accusation Sun leveled against NetApp in its latest 
| filing came in the opening paragraph of the suit. Chiding NetApp for only 
| spending about $390 million on research and development last year and for 
| holding “only approximately 200″ patents, Sun declared: “Indeed, rather than 
| innovate, NetApp builds on the innovation of others” and “NetApp … uses 
| extensive amounts of open source code developed by others, without 
| contributing any innovation of its own.”      
`----

http://storage.blogs.techtarget.com/2008/03/27/sun-fires-another-shot-at-netapp/


Update on the Sun/NetApp ZFS patent litigation

,----[ Quote ]
| I received this update from Sun Microsystems on Tuesday on the ongoing ZFS 
| patent litigation with NetApp. While colored by its source, the news seems 
| positive for Sun (and, given the importance of ZFS, for the open-source 
| development community). Sun has succeeded in getting the venue changed to 
| California and it appears that its public request for examples of prior art 
| have yielded fruit.     
`----

http://blogs.cnet.com/8301-13505_1-9835693-16.html?part=rss&tag=feed&subj=TheOpenRoad


Related:

Sun plans to countersue NetApp

,----[ Quote ]
| Consequently, "Later this week, we're going to use our defensive portfolio to 
| respond to Network Appliance, filing a comprehensive reciprocal suit. As a 
| part of this suit, we are requesting a permanent injunction to remove all of 
| their filer products from the marketplace, and are examining the original NFS 
| license--on which Network Appliance was started," Schwartz said.    
`----

http://www.news.com/8301-13580_3-9803882-39.html


ZFS Puts Net App Viability at Risk?

http://blogs.sun.com/jonathan/entry/harvesting_from_a_troll


NetApp/Sun lawsuit seen as open-source test case

,----[ Quote ]
| NetApp contends that Sun's ZFS file system technology, which was donated to 
| the OpenSolaris.org open-source community earlier this year, infringes on 
| seven NetApp patents.  
`----

http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9034562


Sun calls NetApp's blog bluff...with open source...in a blog

,----[ Quote ]
| I know nothing about the validity of either side's patent claims. Only a 
| judge (or, more likely, a settlement) will elucidate either claim. But I have 
| watched Microsoft respond to open source with patent FUD, and I'm willing to 
| believe that others will fight back in this same way. I don't know that 
| NetApp is--Hitz argues pretty persuasively that there were other reasons 
| involved--but I do believe that any company that relies on an old way of 
| selling its software needs to respond to the open-source threat.      
| 
| Patent suits are one way to do that. An ugly, and ultimately futile way, but 
| a way nonetheless. 
`----

http://news.com.com/8301-10784_3-9772580-7.html?part=rss&tag=feed&subj=NewsBlog


NetApp + Sun = legal havoc

,----[ Quote ]
| Now, this is enough to me. I don't fucking care who is infringing whose 
| patents. It's more and more clear that patents (all kind of patents!) don't 
| do anything to the benefit of the public. They're not good for the humanity 
| at large, but only to lawyers.   
| 
| And when you see how two major IT actors are trying to make money from 
| lawsuits instead of making profit from the technologies they're supposed to 
| develop, you have all the rights in the world to think that the current 
| Establishment is broken.   
| 
| Because it is broken. You can see it every day with U.S.-based companies. 
`----

http://beranger.org/index.php?page=diary&2007/09/06/08/55/23-netapp-sun-legal-havoc


A few thoughts on Sun and NetApp

,----[ Quote ]
| According to Raven Zachary at the451 Group, “Hitz told me that this case is 
| about NetApp and Sun, not the open source community that has emerged around 
| ZFS, and NetApp does not intend to go after the ZFS community.”  
| 
| Until it does so (if it ever does so), to paint its legal claims as an attack 
| on open source seems to be to be unfair. 
`----

http://www.businessreviewonline.com/os/archives/2007/09/a_few_thoughts.html


ZFS on Linux: It's alive

,----[ Quote ]
| The project is working, with several users running and even booting from a 
| ZFS volume. Correia has not undertaken any performance tuning yet, and 
| one sysadmin, Chris Samuel, has posted benchmarks that clock only about 
| half the speed of another Linux filesystem, XFS.
`----

http://www.linuxworld.com/news/2007/061807-zfs-on-linux.html#6285522977769458795


Linux: ZFS, Licenses and Patents

,----[ Quote ]
| A recent discussion on the lkml examined the possibility of a
| Linux implementation of Sun's ZFS. It was pointed out that the
| file system is released under the GPL-incompatible CDDL, and
| that Sun has filed numerous patents to prevent ZFS from being
| reverse engineered. 
`----

http://kerneltrap.org/node/8066


Sun's Schwartz: High-Performance Computing Will Be Pervasive

,----[ Quote ]
| Schwartz said that Sun will continue to ramp up development efforts in its 
| storage sector, centering on the Thumper X4500 server—a 48-drive unit with a 
| capacity of 24TB per box.  
| 
| "Thumper utilizes the ZFS," Schwartz said, "and we'll be taking the message 
| out to the open-source community more and more as time goes on. In fact, 
| we've seen the open-source community grow and accelerate its activity. That's 
| where the future of development lies."    
`----

http://www.eweek.com/article2/0,1895,2179550,00.asp


Sun's Chief Open Source Officer Talks Patents

,----[ Quote ]
| The open-source community is very vocal about software patents.
| Sun owns lots of them. Isn't that a contradiction for Sun to
| claim to be an open-source community member yet own software patents?
| 
| Not at all. Most companies engaging in free and open-source
| software hold software patents?even Red Hat. If you neglect
| patent filing, you risk various perils including others filing
| for patents on the same ideas and being unable to trade
| portfolios when an aggressor comes calling. What matters is
| not whether you hold them but what you do with them. 
`----

http://www.eweek.com/article2/0,1759,2135483,00.asp?kc=EWRSS03129TX1K0000616
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