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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?"

21 of 231 comments (clear)

  1. Re:why? by natehoy · · Score: 4, Informative

    What you say is true for LOCAL storage, but EtherDrives are NAS (Network Attached Storage) as mentioned in the summary.

    This means they come preformatted, but the machines that access the storage are using Samba or Windows File Sharing or whatever to access it, so the client PCs do not see the filesystem on the NAS box.

    --
    "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
  2. Boycott by Improv · · Score: 5, Interesting

    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.
    1. Re:Boycott by sglewis100 · · Score: 4, Insightful

      How many techies actually make purchasing decisions at their workplaces? Not many. Most are made by high-up managers, under advice from sales reps.

      Where on earth do you work, and can you find better? I'm not currently in a decision making role, although I have been, but I am in a role where I help gather requirements, evaluation specifications, invite vendors for product demos, work on getting evals / visiting labs / visiting and talking with other customers, review quotes, beat up reps on pricing, make a formal recommendation, and wait for my boss to get it done. We have a purchasing department... but they just purchase things they are told to. We also have a CFO, but if we're doing our diligence, and meeting our budget, he's not often overruling us.

  3. Re:So, what happened? by brion · · Score: 4, Informative
    --

    Chu vi parolas Vikipedion?

  4. Patents invalidated, awaiting appeal... by KonoWatakushi · · Score: 5, Informative

    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?

  5. The story so far. by AliasMarlowe · · Score: 5, Informative

    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
  6. NetApp by goombah99 · · Score: 4, Interesting

    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.
    1. Re:NetApp by Just+Some+Guy · · Score: 5, Insightful

      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.

      VMS did it earlier. Screw NetApp and their overpriced, underfeatured, patented crap. Really. I mean that.

      --
      Dewey, what part of this looks like authorities should be involved?
    2. Re:NetApp by Lunix+Nutcase · · Score: 5, Informative

      The case doesn't have merit because the courts have already ruled that ZFS doesn't infringe NetApp's patent No. 6,892,211 which is at the heart of their infringement claims. This is just a shakedown.

  7. Re:Explains OSX Server pulling ZFS by Lunix+Nutcase · · Score: 4, Informative

    Except that the courts and the patent office are saying otherwise in NetApp's case against Sun.

  8. Re:Explains OSX Server pulling ZFS by eddy · · Score: 4, Insightful

    We should all have learned by now that how people and companies react to legal threats doesn't have ANYTHING to do with so-called merits. 'The' SCOX case went on for about seven years and they had NOTHING. People paid them "linux tax" while they had NOTHING, could show NOTHING, made increasingly bizarre and outrageous claims and could in fact never WIN ANYTHING. People still paid.

    The lesson from that of course is that being a tick on the ass of the system it's a perfectly valid way to lift a nice salary and appear important, so really, why not?

    --
    Belief is the currency of delusion.
  9. Re:Indemnification by Lunix+Nutcase · · Score: 4, Informative

    Sun already does indemnify it's customers. Schwartz pointed this out when NetApp's rumblings against Sun first happened.

    First, the basics. Sun indemnifies all its customers against IP claims like this. That is, we've always protected our markets from trolls, so customers can continue to use ZFS without concern for spurious patent and copyright issues. We stand behind our innovation, and our customers.

  10. They're afraid of ZFS by guruevi · · Score: 5, Insightful

    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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  11. btrfs successor by mlts · · Score: 4, Interesting

    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.

  12. Re:More complicated by a bit.. by poetmatt · · Score: 4, Informative

    using WAFL on a nas is not any more inventive than using ZFS on a NAS. Again, the parent is correct.
    Using any filesystem for a NAS is not inventive. It's been around for quite some time. They're also going after distributors rather than attack the ZFS patents they purportedly precede.

    It's also quite impossible to prove any sort of patent violation for using ZFS on a NAS simply due to the competing software being patented.

    If I use a product X, of which is infringing upon product y, I am not liable for uses of product X. The patent system doesn't support 3rd party liability. it's just distributors buckling under legal threats.

  13. Re:why? by natehoy · · Score: 5, Informative

    I know you've already replied that you misunderstood, but just in case anyone else is confused by this...

    This is a NAS, which is itself a server. Support for the filesystem is built into the NAS box. The NAS box then exposes the data it stores on that filesystem to the network using network-appropriate protocols.

    Anyone wanting to access it would use a networking standard like Samba, Windows File Sharing, FTP, or whatever services the NAS box allows.

    Of course, they'd also access the management tools (nowadays generally a small web server also built into the NAS box).

    None of the clients would need to support the underlying filesystem that the NAS box uses. In fact, they wouldn't even be allowed to know what that filesystem is.

    Back when I had Windows boxes at home, they had absolutely no problems reading shares I made on my Linux box. The Linux box could be formatted ext, Reiser, or anything I wanted that Linux supported.

    As long as I never tried to take a hard drive out of the Linux box and put it in the Windows box, of course. Then it becomes local storage, and Windows would have to support the filesystem in order to read it.

    --
    "This post contains words, known to the State of California to cause thought. Wash brain thoroughly after reading."
  14. Re:Ummm it's their technology by Lunix+Nutcase · · Score: 5, Informative

    Sorry buddy but the courts have ruled that ZFS doesn't infringe NetApp's patents. Read here and here. Cry more.

  15. Here, here... by multimediavt · · Score: 4, Insightful

    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.

    1. Re:Here, here... by mea37 · · Score: 4, Interesting

      Patents are funny that way. If I patent an invention and use it in Product X, and you come along and create Product Y which infringes my patent, then I can sue you (as you expect), and also I can sue anyone who uses, sells, or offers for sale Product Y. That's one of the reasons indemnity is a big deal when corporations look at OSS solutions, and it was the basis of many of SCO's legal threats back in the day.

      So you get the store down the street to sell Product Y, I can sue the store down the street. Bob buys Product Y from the store and puts it to use, in theory I can probably sue Bob. Sue enters into an OEM arrangement with you and embeds Product Y in Product Z, I can sue Sue, and Sue's distributors and users as well. All because I have a patent on something I did in Product X.

    2. Re:Here, here... by Luminary+Crush · · Score: 5, Interesting

      So the story goes, this dates back to some interns who worked at NetApp and then went to Sun and perhaps influenced ZFS.

      The technology in WAFL is that of a pointer-based filesystem - which itself is pretty ingenious and is only now being feature-emulated (ZFS, BRTFS, etc).

      One can say what they want of Netapp's pricing, but the technology is extremely solid and simple to operate compared to managing Linux or Solaris boxes running a filesystem as a NAS; the snapshots are without I/O penalty and you can take a lot of them, the clustering is *FAR* simpler than anything happening on general-purpose OSes, the support for protocols is industry-leading (FCoE, NFSv4, SMB 2.0 - they have a codeshare w/ Microsoft and do not use a reverse-engineered Samba implementation or run any kind of Windows storage server like competitors do).

      ZFS has a lot of promise, but does not have nearly the performance that WAFL does (considering RAID-DP versus ZFS RAID6) and has only some of the feature set of mirroring, snapshot vaulting, filesystem and file cloning, WORM-compliance, etc. Companies don't want to bet their business on a science project of roll-your-own NAS which doesn't have the feature set the Netapps do, and no serious competitor (eg a company with the ability to financially stand behind the product) in the enterprise space has anything like the feature set.

      I work for a systems integrator and I've messed with hundreds of Netapps, Sun and Linux appliances, and competitors over the years. I use ZFS at home because I can't afford a Netapp (and wouldn't want to pay the electricity bill if I could!) but if I ran an IT department I'd put my data on a Netapp FAS over a ZFS appliance any day.

  16. Re:why? by mysidia · · Score: 4, Informative

    ZFS is not encumbered by asshattery any more than Linux is.

    It's encumbered by a patent dispute

    While Linux is encumbered by the SCO mess, which is basically the same thing, except related to copyrights and ownership of codes, rather than ownership of the whole concept of copy on write.