On Thu, Sep 9, 2010 at 2:49 PM, Bob Friesenhahn < bfrie...@simple.dallas.tx.us> wrote:
> On Thu, 9 Sep 2010, Garrett D'Amore wrote: > >> >> True. But, I wonder if the settlement sets a precedent? >> > > No precedent has been set. > > > Certainly the lack of a successful lawsuit has *failed* to set any >> precedent conclusively indicating that NetApp has enforceable patents >> where ZFS is concerned. >> > > Right. > > > IANAL, but it seems like if Oracle and NetApp were to reach some kind of >> licensing arrangement, then it might be construed to be anticompetitive >> if NetApp were to fail to offer similar licensing arrangements to >> downstream consumers? Does anyone know if there is any basis for such a >> theory, or are these just my idle imaginings? >> > > Idle imaginings. A patent holder is not compelled to license use of the > patent to anyone else, and can be selective regarding who gets a license. > > > As far as I know, Nexenta has not been approached by NetApp. I'd like >> to see what happens with Coraid ... but ultimately those conversations >> are between Coraid and NetApp. >> > > There should be little doubt that NetApp's goal was to make money by suing > Sun. Nexenta does not have enough income/assets to make a risky lawsuit > worthwhile. > There should be little doubt it's a complete waste of money for NetApp go to court with a second party when the outcome of their primary lawsuit will determine the outcome of the second. They had absolutely nothing to gain by suing Nexenta if they still had a pending lawsuit with Sun. Furthermore, unless you work as legal counsel for Nexenta, I'd say you have absolutely no clue whether or not they received a cease and desist from NetApp. I *STRONGLY* doubt the goal was money for NetApp. They've got that coming out of their ears. It was either cross licensing issues (almost assuredly this), or a hope to stop/slow down ZFS. If they had, I strongly doubt it's something they would want to publicize. It wouldn't exactly give potential customers the warm and fuzzies. --Tim
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