> From: Bob Friesenhahn [mailto:bfrie...@simple.dallas.tx.us] > > > A private license, with support and indemnification from Sun, would > > shield Apple from any lawsuit from Netapp. > > The patent holder is not compelled > in any way to offer a license for use of the patent. Without a patent > license, shipping products can be stopped dead in their tracks.
It may be true, that Netapp could stop apple from shipping OSX, if Apple had ZFS in OSX, and Netapp won the lawsuit. But there was a time when it was absolutely possible for Sun & Apple to reach an agreement which would limit Apple's liability in the event of lawsuit waged against them. CDDL contains an explicit disclaimer of warranty, which means, if Apple were to download CDDL ZFS source code and compile and distribute it themselves, they would be fully liable for any lawsuit waged against them. But CDDL also allows for Sun to distribute ZFS binaries under a different license, in which Sun could have assumed responsibility for losses, in the event Apple were to be sued. _______________________________________________ zfs-discuss mailing list zfs-discuss@opensolaris.org http://mail.opensolaris.org/mailman/listinfo/zfs-discuss
