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October 25, 2007 5:22 PM PDT

NetApp founder brushes off Sun threat

by Stephen Shankland

A day after Sun Microsystems Chief Executive Jonathan Schwartz said his company will sue to have Network Appliances' file-server products removed from the market, NetApp's founder Dave Hitz brushed off the threat and took issue with Schwartz's open-source reasoning.

"This sounds like Sun's broad threats when they sued Azul, but in the end, Sun didn't put Azul out of business or even stop them from shipping products. I'm quite confident that two years from now--or however long it takes this suit to reach court--NetApp will be doing just fine," Hitz said in a blog posting Thursday.

In a September lawsuit, NetApp accused Sun of infringing seven patents. Specifically, NetApp believes Sun's ZFS file system infringes on patents related to NetApp's rival WAFL software. Sun has released ZFS as open-source software, and Apple is among those using it.

According to Schwartz, NetApp wants Sun to "retract (ZFS) from the free software community," but he said that's impossible. Hitz sees things differently.

"Jonathan seems to be arguing that once something has been put into open source, it is beyond the law," Hitz said. "Jonathan's claim that 'you cannot unfree what is free' sets a very dangerous precedent. It says that you can steal anything, as long as you open source it afterwards. That can't be right!...One of the most important rules of open source is that you must only give away things that belong to you."

Stephen Shankland writes about a wide range of technology and products, but has a particular focus on browsers and digital photography. He joined CNET News in 1998 and since then also has covered Google, Yahoo, servers, supercomputing, Linux and open-source software, and science. E-mail Stephen, or follow him on Twitter at http://www.twitter.com/stshank.
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Add a Comment (Log in or register)
Practically speaking...
by sigzero October 25, 2007 6:05 PM PDT
You cannot un-free something like that. The only thing that could
happen is that it is considered polluted and nobody would use it.
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About Underexposed

This blog sheds light on digital photography subjects such as cameras, photo editing, and Web sites. Shankland joined CNET News in 1998 after a five-year stint as a science writer. He's a lab rat who grew up in Los Alamos, N.M., and graduated from Harvard.

Contact Stephen at Stephen.Shankland@cnet.com

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