"Garrett D'Amore" <garr...@nexenta.com> wrote:

> This situation is why I'm coming to believe that there is almost no case
> for software patents.  (I still think there may be a few exceptions --
> the RSA patent being a good example where there was significant enough
> innovation to possibly justify a patent).  The sad fact is that when a

RSA never has been a patent in Europe as it was files after the decription
was published ;-)

> company feels it can't compete on the merits of innovation or cost, it
> seeks to litigate the competition.  What NetApp *should* be doing is
> figuring out how to out-innovate us, undercut us ("us" collectively
> meaning Oracle and all other ZFS users), or find other ways to compete
> effectively.  They can't, so they resort to litigation.  Sounds like a

Patent claims in this area are usually a result of missing competitive products
at the side of the plaintiff.

Jörg

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