Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-13 Thread Rob Windsor
[EMAIL PROTECTED] wrote: From what I gather about the East Texas venue they tend to repeatedly dismiss very competent technical testimony (prior art/non-infringement) -- instead relying more on the lawyer's arguments, lay conjecture and soft fact. This seems to be why the venue is so

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-11 Thread Wade . Stuart
Invalidating COW filesystem patents would of course be the best. Unfortunately those lawsuits are usually not handled in the open and in order to understand everything you would need to know about the background interests of both parties. IANAL, but I was under the impression that it

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-10 Thread Joerg Schilling
David Hopwood [EMAIL PROTECTED] wrote: Al Hopper wrote: So back to patent portfolios: yes there will be (public and private) posturing; yes there will be negotiations; and, ultimately, there will be a resolution. All of this won't affect ZFS or anyone running ZFS. It matters a great

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-10 Thread David Hopwood
Joerg Schilling wrote: David Hopwood [EMAIL PROTECTED] wrote: Al Hopper wrote: So back to patent portfolios: yes there will be (public and private) posturing; yes there will be negotiations; and, ultimately, there will be a resolution. All of this won't affect ZFS or anyone running ZFS.

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-08 Thread W. Wayne Liauh
Curiously, I posted to the blog comments last night discussing some of the prior art, going back to some of the disks could do this too discussions by early tree structured binary data structures inventions, mentioning other copy-on-write structure ideas floating around in the late 80s

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-07 Thread David Magda
On Sep 6, 2007, at 10:41, [EMAIL PROTECTED] wrote: Quite; it seems to all be done with blogs. After Netapp's blog, we now see Sun's CEO enter into the fray: http://blogs.sun.com/jonathan/entry/on_patent_trolling And now NetApp's response:

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-07 Thread George William Herbert
http://blogs.netapp.com/dave/2007/09/netapp-sues-sun.html Curiously, I posted to the blog comments last night discussing some of the prior art, going back to some of the disks could do this too discussions by early tree structured binary data structures inventions, mentioning other copy-on-write

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-07 Thread David Hopwood
George William Herbert wrote: http://blogs.netapp.com/dave/2007/09/netapp-sues-sun.html Curiously, I posted to the blog comments last night discussing some of the prior art, going back to some of the disks could do this too discussions by early tree structured binary data structures

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-06 Thread Paul Kraus
More here http://www.computerworld.com/action/article.do?command=viewArticleBasicarticleId=9034496 On 9/5/07, David Magda [EMAIL PROTECTED] wrote: Hello, Not sure if anyone at Sun can comment on this, but I thought it might be of interest to the list: This morning, NetApp filed an IP

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-06 Thread Wade . Stuart
This is my personal opinion and all, but even knowing that Sun encourages open conversations on these mailing lists and blogs it seems to falter common sense for people from @sun.com to be commenting on this topic. It seems like something users should be aware of, but if I were working

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-06 Thread Casper . Dik
This is my personal opinion and all, but even knowing that Sun encourages open conversations on these mailing lists and blogs it seems to falter common sense for people from @sun.com to be commenting on this topic. It seems like something users should be aware of, but if I were working

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-06 Thread Harold Ancell
At 09:33 AM 9/6/2007, [EMAIL PROTECTED] wrote: This is my personal opinion and all, but even knowing that Sun encourages open conversations on these mailing lists and blogs it seems to falter common sense for people from @sun.com to be commenting on this topic. It seems like something

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-06 Thread Al Hopper
On Thu, 6 Sep 2007, Harold Ancell wrote: At 09:33 AM 9/6/2007, [EMAIL PROTECTED] wrote: This is my personal opinion and all, but even knowing that Sun encourages open conversations on these mailing lists and blogs it seems to falter common sense for people from @sun.com to be

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-06 Thread Casper . Dik
Playing with patent portfolios is the modern equivalent to playing the mutually assured destruction game with nuclear missiles. Yes we all appreciate how dangereous this game is and how high the stakes are. But ... notice that a live/armed ballistic missile has never been fired at a target.

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-06 Thread Harold Ancell
At 11:06 AM 9/6/2007, Al Hopper wrote: On Thu, 6 Sep 2007, Harold Ancell wrote: At 09:33 AM 9/6/2007, [EMAIL PROTECTED] wrote: This is my personal opinion and all, but even knowing that Sun encourages open conversations on these mailing lists and blogs it seems to falter common sense for

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-06 Thread Wade . Stuart
Playing with patent portfolios is the modern equivalent to playing the mutually assured destruction game with nuclear missiles. Yes we all appreciate how dangereous this game is and how high the stakes are. But ... notice that a live/armed ballistic missile has never been fired at a

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-06 Thread Casper . Dik
It really is a shot in the dark at this point, you really never know what will happen in court (take the example of the recent court decision that all data in RAM be held for discovery ?!WHAT, HEAD HURTS!?). But at the end of the day, if you waited for a sure bet on any technology or potential

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-06 Thread Wade . Stuart
[EMAIL PROTECTED] wrote on 09/06/2007 01:14:56 PM: It really is a shot in the dark at this point, you really never know what will happen in court (take the example of the recent court decision that all data in RAM be held for discovery ?!WHAT, HEAD HURTS!?). But at the end of the day,

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-06 Thread johansen-osdev
It's Columbia Pictures vs. Bunnell: http://www.eff.org/legal/cases/torrentspy/columbia_v_bunnell_magistrate_order.pdf The Register syndicated a Security Focus article that summarizes the potential impact of the court decision: http://www.theregister.co.uk/2007/08/08/litigation_data_retention/

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-06 Thread Nicolas Williams
On Thu, Sep 06, 2007 at 01:18:27PM -0500, [EMAIL PROTECTED] wrote: [EMAIL PROTECTED] wrote on 09/06/2007 01:14:56 PM: It really is a shot in the dark at this point, you really never know what will happen in court (take the example of the recent court decision that all data in RAM be held

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-06 Thread Wade . Stuart
If that's the correct reading of the story then the story is very badly written. Or am I misreading the story? Hmmm, the order itself goes on and on about RAM. I think the judge should have been clearer that the issue is the specific data, as opposed to generic RAM contents.

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-06 Thread Nicolas Williams
On Thu, Sep 06, 2007 at 01:38:22PM -0500, [EMAIL PROTECTED] wrote: If that's the correct reading of the story then the story is very badly written. Or am I misreading the story? Hmmm, the order itself goes on and on about RAM. I think the judge should have been clearer that the issue

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-06 Thread mike
On 9/6/07, [EMAIL PROTECTED] [EMAIL PROTECTED] wrote: This is my personal opinion and all, but even knowing that Sun encourages open conversations on these mailing lists and blogs it seems to falter common sense for people from @sun.com to be commenting on this topic. It seems like

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-06 Thread Nicolas Williams
On Thu, Sep 06, 2007 at 04:16:50PM -0400, Jonathan Edwards wrote: On Sep 6, 2007, at 14:48, Nicolas Williams wrote: Allowing for technical illiteracy in judges I think the obvious interpretation is that discoverable data should be retained and that but it exists only in RAM is not a defense,

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-06 Thread Jonathan Edwards
On Sep 6, 2007, at 14:48, Nicolas Williams wrote: Exactly the articles point -- rulings have consequences outside of the original case. The intent may have been to store logs for web server access (logical and prudent request) but the ruling states that RAM albeit working memory is no

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-06 Thread Casper . Dik
That but it existed only in RAM in my servers should not be a defense for failing to retain discoverable evidence is distinct from the issue of what constitutes discoverable evidence. But only if you were told you needed to retain the data in the first place. How can you be faulted for not

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-06 Thread Nicolas Williams
On Thu, Sep 06, 2007 at 10:45:01PM +0200, [EMAIL PROTECTED] wrote: That but it existed only in RAM in my servers should not be a defense for failing to retain discoverable evidence is distinct from the issue of what constitutes discoverable evidence. But only if you were told you needed to

Re: [zfs-discuss] ZFS/WAFL lawsuit

2007-09-06 Thread Sean Sprague
Casper, Do you have a reference for all data in RAM most be held. I guess we need to build COW RAM as well. Is that one of those genetic hybrids? Regards... Sean. BTW: I remember the days when only RAS and CAS kept your data in memory intact ;-)

[zfs-discuss] ZFS/WAFL lawsuit

2007-09-05 Thread David Magda
Hello, Not sure if anyone at Sun can comment on this, but I thought it might be of interest to the list: This morning, NetApp filed an IP (intellectual property) lawsuit against Sun. It has two parts. The first is a “declaratory judgment”, asking the court to decide whether we infringe