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Story: ZFS Puts Net App Viability at Risk?Total Replies: 1
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tuxchick

Oct 25, 2007
8:51 AM EDT
Apparently Sun threw the first punch, and is not the innocent victim Mr. Schwartz is making them out to be: http://blogs.netapp.com/dave/2007/09/netapp-sues-sun.html "About 18 months ago, Sun’s lawyers contacted NetApp with a list of patents they say we infringe, and requested that we pay them lots of money."
number6x

Oct 25, 2007
10:31 AM EDT
It looks even more complicated than that: http://blogs.sun.com/jonathan/entry/on_patent_trolling

So StorageTek and Net App were sparring over this before Sun aquired Storage Tek.

Sun couldn't throw the first punch if the fists were flying before they got involved. It may be that Storage Tek swung first. Jonathon Schwartz says no, but he wasn't involved yet, so would he really know?

Quoting:"NetApps first approached StorageTek behind the cover of a third party intermediary (yes, it sounds weird, doesn't it?) seeking to purchase STK patents. After Sun acquired STK, we were not willing to sell the patents, We've always been willing to license them. But instead of engaging in licensing discussions, NetApp decided to file a suit to invalidate them. To be clear, we never filed a complaint or threatened to do so, nor did anyone, to the best of my knowledge, in the ZFS community. "


I think this is a CEO-said / CEO-said kind of thing.

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