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Sun To Seek Injunction, Damages Against NetApp

Posted by kdawson on from the file-systems-want-to-be-free dept.

Zeddicus_Z writes to note that Sun CEO Jonathan Schwartz has outlined Sun's response to Network Appliance's recent patent infringement lawsuit over ZFS: "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. In addition... we will be going after sizable monetary damages. And I am committing that Sun will donate half of those proceeds to the leading institutions promoting free software and patent reform... [Regarding NetApp's demands in order to drop its existing case against Sun:] ...[to] unfree ZFS, to retract it from the free software community, and to limit ZFS's allowable field of use to computers — and to forbid its use in storage devices."

3 of 183 comments (clear)

  1. In the interest of fairness by $RANDOMLUSER · · Score: 5, Informative

    Here's NetApps CEO's blog post about this.

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    No folly is more costly than the folly of intolerant idealism. - Winston Churchill
  2. Re:Translation for the non-lawyers by Paul+Jakma · · Score: 5, Informative

    Sun used the product from the patent and created a Free version without permission. That makes them a great 'Robin Hood', but it also makes them the 'bad guy' in the eyes of the law.

    You're stating as a matter of fact that Sun "used the product from the patent". This is stretching the truth somewhat. The actual facts of the matter are that NetApp claims Sun have violated their patent (WAFL, etc), and filed suit requesting relief. Sun however disagree and believe they do not violate NetApps' patents - indeed Sun claim, in their counter-suits, that NetApp are violating Suns' patents. However, no-one is violating anyone's patents until either both parties agree they are, or a judge says so.

    You can read Suns' response to NetApps' complaint (which #include's most, if not all, of NetApps' complaint).

    NB: I am a Sun employee. I have tried to keep the above post be 100% fact-based and opinion-free, but I am obviously biased, I also may be wrong and finally IANAL. Lector emptor.

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    I use Friend/Foe + mod-point modifiers as a karma/reputation system.
  3. Delighted to see Netapp takiing it! by HKcastaway · · Score: 5, Informative

    Netapp are a company that do their best to make sure their products are not sold in the 2nd hand market and once a product EOL there is little chance to use it.

    I have a few Netapps here and can't use them because Netapp will not release the activation license key.

    An IT future without Netapp's built in obsolescence is a better future.
    I hope Sun has a field day with them.