NetApp Threatens Sellers of Appliances Running ZFS
eldavojohn writes "ZFS is licensed under the CDDL and is considered to be open source, but NetApp is sending threatening legal letters to startups who look to offer ZFS on NAS appliances. This assault on Coraid has a few people worried about the future of ZFS as NetApp rears its ugly head yet again. The CEO of Coraid replied to NetApp's demands, saying, 'We made the decision to suspend shipment after receiving a legal threat letter from NetApp Inc., suggesting that the open-source ZFS file system planned for inclusion with our EtherDrive Z-Series infringes NetApp patents.' Will NetApp effectively destroy any future ZFS might have enjoyed?"
Wait...doesn't the filesystem get created by the user of the storage device? I.E., the storage system gets hooked up to your system(s), the OS sees them as raw block devices, then the user generally puts the filesystem on top of the block device.....is this not the way the EtherDrives work?
They should go after Oracle/Sun and stop threatening people using the file system. Shenanigans!
After actually reading the article (I know what was I thinking right?), it does mention that NetApp Filed a lawsuit against Sun back in 2007..
We need a site to organise boycotts of companies that abuse the patent, trademark, or copyright system. Not everyone would need to sign on to all of them, but anyone should be able to post a call and explain their reasoning. If we got enough techies onto it who would use it at work, it could have some muscle.
For every problem, there is at least one solution that is simple, neat, and wrong.
The Wikipedia article on NetApp talks about them bringing a suit against Sun/ZFS and that Sun countersued, but doesn't mention the verdict. What happened there and why isn't the verdict applying here?
Nostalgia isn't what it used to be.
Easy. NetApp sues a small vendor, wins and then uses this win as leverage in their battle against Oracle.
See the second post in the recent thread on zfs-discuss: Legality and the future of zfs...
It doesn't sound as if Netapp has a leg to stand on, so they are trying to shake down the companies while they can. Where have we seen this before?
I guess this explains OSX Server walking away from ZFS because of "license issues". Since Apple walked away in the 11th hour, I wonder if there is some real validity to NetApp's argument (at least legally).
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The Wikipedia article on NetApp talks about them bringing a suit against Sun/ZFS and that Sun countersued, but doesn't mention the verdict.
Read all about it (the story so far, as presented by Sun/Oracle): http://www.sun.com/lawsuit/zfs, which provides links to a number of legal documents and patents and rulings from the PTO.
Basically, the patent which was central to NetApp's claim of infringement was found not to apply to ZFS. A second patent asserted to be infringed was rejected on reexamination by the PTO, but NetApp is still squirming through the appeals process. The current round of threats could be NetApp's last gasp/whimper on the topic.
Those who can make you believe absurdities can make you commit atrocities. - Voltaire
NetApp uses WAFL on their NAS. A filesystem they invented before ZFS. They claim ZFS violates patents of WAFL.
XML is like violence. If it doesn't solve the problem, use more.
NetApp invented WAFL before ZFS. They claim ZFS itself infringes on WAFL technology.
XML is like violence. If it doesn't solve the problem, use more.
Oracle should offer to provide indemnification to vendors. They've got a large patent portfolio of their own and obviously large assets to make them a much more formidable foe to NetApp.
Much as I hate these patent cases, perhaps this one has merit. NetApp built it's bussiness being a vendor of NAS systems that had extensible file systems that spanned clever raid structures, and automatic snapshoting and they did this long before ZFS. Those are the key features of ZFS. And when you pair that with NAS, well that's a NetApp in a box. I dont know what NetApps patents claim but what they did was not obvious at the time and they are actively a seller of that, not a patent troll.
Some drink at the fountain of knowledge. Others just gargle.
ZFS is a game changer in the storage industry. While people are buying $250,000 NetApp installations, the exact same hardware, performance and connectivity will go for $5000 of high-end hardware and a couple of hours work with ZFS. $250,000 will easily buy you a Petabyte worth of redundant ZFS storage. Even the reasons you would otherwise buy NetApp or another proprietary storage solution (compression, de-duplication, checksums) is all implemented by ZFS.
NetApp recently lost their patents based on prior art (they basically ripped off somebody's paper and put in a patent for it), appealed it of course and now they are trying to squeeze the last money out of small shops before they get the smack down from the patent office. This is a very similar case to the Caldera/SCO cases.
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Even though btrfs isn't in production yet, we really need a successor to it not just to replace the filesystem, but to replace the LVM layer. ZFS isn't just a filesystem, but also goes one layer lower, coordinating RAID.
I wish I had the cash to make an open source (GPL or BSD license preferably) bounty for the following in a filesystem/LVM replacement, since ZFS isn't going to be going past Sun hardware these days:
1: Deduplication on the block level. This would be selectable because in some cases, there would be performance issues to it... but a good filesystem would stick heavily duplicated blocks on fast media (flash or inner cylinders).
2: 64 bit CRCs. This way, a backup program just has to pull from the filesystem stored CRCs and it would know which files have been changed or not. This also helps with integrity checking.
3: Compression. Selectable levels would be nice, from a fast zip based to bzip2 -v9.
4: Encryption, perhaps like EncFS where encrypted directories can be cattached at will. Even better would be more elaborate (public key, smart card) key management.
5: Block device encryption. It would be nice to install the OS, set a flag that all further writes will be encrypted to a key, then proceed to copy data to the machine. This way, the machine can get set up and (ab)used without waiting for disks to encrypt.
6: TRIM support. Enough said.
7: Ability to move data so one directory might be on a three-way mirror, while the rest of the filesystem sits on a RAID-Z equivalent. This way, critical documents are protected.
8: Advanced snapshotting functionality. It would be great to be able to restore a machine by booting from a USB flash drive or CD, having the filesystem be configured to the hard disks at hand, then copy from a stored image, regardless of architecture or setup of the previous machine's drives were. This way, a machine could be snapshotted, it be moved to a completely different configuration, then restored. A good example of a nice way to restore would be IBM's Sysback utility for AIX, where one can completely redefine where data resides before kicking off a restore.
9: Advanced attributes, where files can be flagged where if they are unlinked, the OS does a manual TRIM or multiple overwrite, and so on.
10: Automatic repair of damage. Starting with Windows Server 2008, Windows does a background check to look for damage in mounted NTFS filesystems. This way, something like missing free space or other issues can be flagged before it bites someone in the next bootup. For example, when a machine is idle, it will compare written 64 bit CRCs to what is on disk to ensure that they match, and flag nonmatching files as possibly corrupt.
11: Ability to add varying amounts of ECC to a filesystem. This way, the volume can take a lot of damage, but the files are highly likely to be still readable. A good example of this is Nero's SecureDisk, where it writes invisible ECC information to burned CDs/DVDs which can be used to piece together damaged files. This way, volumes that are stored for long term archiving can sustain damage, but there is a good chance of recovering the files, or at least knowing the files were damaged.
And if I understood correctly, were not the patents involved in the lawsuit mostly invalidate?
Sorry buddy but the courts have ruled that ZFS doesn't infringe NetApp's patents. Read here and here. Cry more.
Screw NetApp and their overpriced, underfeatured, patented crap. Really. I mean that.
I totally and completely agree with that summary of NetApp
With that out of the way, how does NetApp have any authority to enforce a license/patent on a piece of software they did not invent, nor hold the licensing for? ZFS was created by Sun and released under the CDDL. I am confused as to where NetApp fits into this equation other than being a troll of something that isn't even theirs to begin to troll with. I will do some digging online, but this is just effed up.
I suspect that they are going after NAS vendors simply because the NAS vendors are a more direct threat to their business.
NetApp probably doesn't like that Sun, now Oracle, is using "their" features in direct-attached storage for Solaris boxes; but NetApp doesn't sell direct attached storage, so that isn't as much their problem(and Larry's lawyers are probably scary).
If, on the other hand, the world starts sprouting outfits who are combining CDDL software+commodity disks+commodity NICs+modestly custom 'lots of SAS/SATA and redundant PSUs' chassis, NetApp suddenly has a whole bunch of competitors who can undercut them good and hard. That won't mean instant death or anything; but it certainly isn't good news for them.
http://blogs.netapp.com/dave/2007/09/netapp-sues-sun.html The victim has become the offender.
NetApp is suing Sun (and now Oracle) over ZFS because they *claim* it violates patents they hold that they implemented in their own WAFL fs. WAFL does predate ZFS. NetApp was granted patents in WAFL that ZFS seems to also do, but prior-art may have caused those patents to be invalid.
They are suing vendors that also use ZFS probably because those vendors are either licensing from Oracle (in which case indemnification may just pass this on) or are using FreeBSD, which makes the link between the vendor and Oracle a bit more odd and possible has the vendor on the hook for liability.
XML is like violence. If it doesn't solve the problem, use more.
Yes but Berkley invented FFS before WAFL. While not patented, WAFL implements many of the features of found in FFS eg cheap snapshots, meta-data structure(which allow WAFL to work as it does), etc.
Both WAFL and ZFS are a fork of ideas and methods used in FFS. I don't know the nature of the patents NetApp holds, but if they are these features which ZFS implements then it would be terrible shame if they were able to control this market. That jeopardizes all similar FS's like HammerFS, and which ever linux fs is the next promised saviour as these are becoming more of a requirement than option.
brandelf -t FreeBSD
It might be worth reading through NetApp's original ZFS patent lawsuit vs Sun before making wild speculations. It seems to me that they are now trying to sue other, smaller companies after their original attempt to sue Sun had failed.