back to article NetApp's ZFS lawyer's letter and Nexenta

NetApp has sent an almost cease-and-desist letter to Coraid saying withdraw your EtherDrive Z-series NAS product, which uses ZFS, or we will take appropriate action. Coraid did, But NetApp appears not to have written to Coraoid's ZFS supplier Nexenta, which also supplies Compellent with ZFS technology for its NAS product. …

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Return the FUD to sender

Here are a few additional points:

1) ZFS is open source. Oracle can no more pull back code from ZFS than Nexenta and our founders can pull back the iSCSI code we developed years ago and contributed to the Linux kernel.

2) The case is bi-directional. NetApp is being threatened legally by Oracle.

3) If you are one of the 78% percent of enterprises that support OpenSource (see my related blog on a recent Accenture survey), please understand that if you buy legacy storage you are helping fund unnecessary lawsuits

One interesting question is -- which community is more threatened: the broader ZFS community, which has OpenSource case law on its side and more than 1 million members, or the community of users of NetApp, who has chosen to escalate by threatening Coraid with a lawsuit?

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Stop

Open Sores

"1) ZFS is open source. Oracle can no more pull back code from ZFS than Nexenta and our founders can pull back the iSCSI code we developed years ago and contributed to the Linux kernel."

Wha? ZFS is licensed under the CDDL. Not GNU. In fact, the CDDL seems so awful that Apple can't use it specifically because of the licensing terms.

My Suggestion: Quit repeating Pony Fail talking points from 8 months ago regarding the "Opensourciness" of ZFS. Larry is running the show now and he's not as reality challenged as the legacy Sun team.

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fch

NetApp has little choice ...

... as by patent law, you loose exclusivity rights granted to you under the patent if you become aware of infringement but neglect it long enough. Don't escalate, and the main lawsuit might chuck you out saying "by not acting, you've proven the counterparty's point [ of not having a case ]".

If they don't plan to withdraw from the lawsuit, they must be seen to defend against not only Sun/Oracle but also against other "freeriders".

I'm not a lawyer but it seems a logical / inevitable action.

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