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.
Bob -- Bob Friesenhahn bfrie...@simple.dallas.tx.us, http://www.simplesystems.org/users/bfriesen/ GraphicsMagick Maintainer, http://www.GraphicsMagick.org/ _______________________________________________ zfs-discuss mailing list zfs-discuss@opensolaris.org http://mail.opensolaris.org/mailman/listinfo/zfs-discuss
