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Sun CEO Says NetApp Lied in Fear of Open Source

Lucas123 writes "In reaction to NetApp's patent infringement lawsuit against Sun, CEO Jonathan Schwartz today said in his blog that NetApp basically lied in its legal filing when it said Sun asked them for licensing fees for use of their ZFS file system technology. In a separate statement, Sun said NetApp's lawsuit is about fear over open-source ZFS technology as a competitive threat. 'The rise of the open-source community cannot be stifled by proprietary vendors. I guess not everyone's learned that lesson'."

15 of 139 comments (clear)

  1. Re:Sun really supports FOSS,,, by AKAImBatman · · Score: 5, Informative

    [Sun has] banned [Java]'s use in any and all internal projects

    Typical urban legend. Propagated by a Slashdot troll no less. With Sun pushing up and coming Java projects like Looking Glass, Darkstar, Glassfish, and many others, one would think that people would have figured it out by now. But apparently not.

    The real story is that after the introduction of Java, Sun started creating new Solaris components in Java. Unfortunately, they found out at the time that Java wasn't mature enough for what they were doing. So a ban was supposedly implemented on any new Solaris components being written in Java. Which (if the story is even true in the first place) was probably a wise move. I don't know if anyone remembers CDE around here, but having to launch Java just to change the volume was not a good design decision. Sun needed to either make the entire Desktop in Java (in which case most of the performance problems would disappear and the memory hit would be marginalized) or go back to using native components for all the widgets. The idea of a hybrid Desktop just wasn't going to cut it.

    As it happens, Sun chose to assist the GNOME project and made that their primary desktop. Then they rebranded it as the "Java Desktop System" in one of the most confusing brand changes in history. And that is where we sit today.

    <paul-harvey>And now you know... the rest of the story. Good day!</paul-harvey>
  2. Re:Of course Schwartz would say that. by varmittang · · Score: 4, Informative

    According to the wiki entry on ZFS, its under the CDDL. CDDL is based on the Mozilla Public License and on the CDDL wiki is states, "Files licensed under the CDDL can be combined with files licensed under other licenses, whether open source or proprietary. The Free Software Foundation considers it a free license incompatible with the GNU General Public License (GPL). In fact, this is too generalized. Some restrictions in the GPL prevent GPLd code to appear inside CDDLd projects." So it sounds like the CDDL can go into GPLd projects, but not the other way around. But again, these are wiki entries, take them with a grain of salt.

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  3. See what Dave Hitz has to say by abalacha · · Score: 3, Informative

    Have a look at http://blogs.netapp.com/dave/2007/09/litigoperatio n-.html before jumping into any conclusions.

  4. Re:Ironic-- if true-- given NetApp's FOSS foundati by Anonymous Coward · · Score: 2, Informative

    The new data ONTAP GX is based on FreeBSD.
    http://blogs.netapp.com/dave/2007/04/index.html

  5. Re:Of course Schwartz would say that. by akzeac · · Score: 5, Informative

    So it's incompatible with the GPL, not really 'free software'?

    GPL-compatibility is not a requirement for free software.

  6. Re:Sun really supports FOSS,,, by mAIsE · · Score: 3, Informative
  7. Re:Of course Schwartz would say that. by mhall119 · · Score: 4, Informative

    ZFS is licensed under Sun's CDDL license, which is derived from the Mozilla Public License and is OSI approved, but is not GPL-compatible. A lot of "free software" isn't GPL-compatible, but that doesn't make it any less free. A user-space port has been done using FUSE, and ZFS is available on the BSD's.

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  8. Re:Of course Schwartz would say that. by quantum+bit · · Score: 2, Informative

    But anyway, isn't ZFS under a license that can't be used in the Linux kernel, anyway? So it's incompatible with the GPL, not really 'free software'? <troll>That's the GPL's fault for being so narrow-minded, it has nothing to do with "free software". Other Free software, like FreeBSD for instance, has no problem using CDDL code.</troll>
  9. Re:Just another SCO wanabe? by sconeu · · Score: 1, Informative

    Sun paid SCO as part of the effort to open source Solaris.

    See here.

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  10. Re:Ironic-- if true-- given NetApp's FOSS foundati by Guy+Harris · · Score: 2, Informative

    I vaguely remember that NetApp machines run a stripped down version of BSD.

    Data ONTAP (dating back to NetApp's first product, which means "before the marketing department came up with the name 'Data ONTAP'") isn't, and never was, a stripped-down version of BSD. It incorporated the BSD networking stack, and some BSD commands, but incorporated them into an OS that ran all processes in the same address space, in kernel mode, using message-passing.

    The newer ONTAP GX is based on FreeBSD, as noted by another poster.

  11. Re:This suit is more pathetic than funny by BrainInAJar · · Score: 4, Informative

    No, they bought some drivers so that they could incorporate them in to the x86 version of Solaris

    And I think that was McNealy anyways, not Schwartz

  12. Re:not quite by Anonymous Coward · · Score: 1, Informative

    The FSF defines what free software is because they came up with the term. With very few exceptions, software that isn't GPL compatible also isn't free software, although it may be open source software.


    Sigh.

    http://www.fsf.org/licensing/licenses/
  13. Re:there's more to it by alsta · · Score: 4, Informative

    "Sun picked the CDDL because it's incompatible with the Linux kernel license (something that the Linux kernel developers simply cannot change)."

    That's borderline cynical to say. You assume with this statement that Sun deliberately picked a license to be incompatible with the GPL, for the purpose of disallowing works published under it to be integrated with the Linux Kernel tarball:

    http://www.opensolaris.org/os/about/faq/licensing_ faq/

    If you wanted a copyleft license, why didn't you just use the GPL or LGPL?

    We needed an open source license that allowed files released under the license to be linked with files released under other licenses. While a license like LGPL would allow this for dynamically-linked code, we also needed to be able to release software that statically links source files available under different licenses. In addition, we wanted to allow others to add externsions to OpenSolaris with different license terms. This was only possible under a license like the MPL; however, we could not use the MPL because it is not a "template" license allowing reuse by others. Consequently, we crafted a variant of the MPL, taking the opportunity to make it a template license as a step towards reducing license proliferation for others finding themselves in a similar position.

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    Wealth is the product of man's capacity to think. -Ayn Rand
  14. Re:Ironic-- if true-- given NetApp's FOSS foundati by Anonymous Coward · · Score: 1, Informative

    Actually, NetApp has contributed back to FreeBSD, albeit unofficially. They've done a lot of work in improving its multiprocessor support, for example.

    Also, I believe the chief developer of Linux's NFS client is on NetApp's payroll.

  15. Re:Just another SCO wanabe? by Anonymous Coward · · Score: 1, Informative

    Gotta love the "what haveyou done for me this week?" attitude.

    Remember OpenOffice? Yeah, Sun donated that code.

    Remember Java? Yeah, that's open too.

    OpenSolaris? Ditto. And let's not forget that SunOS was originally BSD-based to begin with.

    OpenSPARC? That's right, they've even opened up their chip specs and design.

    NetBeans? Yep, also OSS.

    PostgreSQL? Gnome? Mozilla? Yes, Sun has their hands in there, too.

    Xorg? Guess who employs a bunch of their devs?

    They even ship Linux, for fuck's sake.

    I'd argue that Sun is, along with SGI and IBM in fact one of the best friends Open Source has ever had.

    "Solaris is only headed that way because Sun sees the end of their proprietary money model, not because of some great love for Open Source."

    Of course, this couldn't possibly have anything to do with Ian Murdock joining Sun. The guy founded Debian GNU/Linux, after all, but no, no love for OSS there, just sheer desperation, right?

    OpenSolaris went open not out of desperation. Solaris would have been just as awesome and just as successful had it remained closed. They just wanted to make it open. I think the GNU crowd is just a little bitter because the OpenSolaris community opted to use CDDL expressly due to it being incompatible with the GPL. Well news flash, There's more to OSS than just GNU.