Kyle McDonald <kmcdon...@egenera.com> wrote:

> > Apple can currently just take the ZFS CDDL code and incorporate it 
> > (like they did with DTrace), but it may be that they wanted a "private 
> > license" from Sun (with appropriate technical support and 
> > indemnification), and the two entities couldn't come to mutually 
> > agreeable terms.
> Indemnification, I think reakky could have been a sticking point. I 
> beleive that the NetApp <-> Sun Legal disputes are still working their 
> way through the legal process. If I were Apple I would have wanted some 
> protection in the case Sun loses the case. I don't think I'd want to be 
> target #2 with precedent already set.

It would be really bad if this would have been finished jst as a result of the 
way the US law system works :-(


> That said, from what I've read, I don't beleive NetApp has a leg to 
> stand on.... But then again I'm not a lawyer. ;)


NetApp did just take ideas that I published before in my diploma thesis, so 
I cannot see that there are things they could patent.

Jörg

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