In a blog post, Sun's Jonathan Schwartz has announced that Sun will counter-sue Net App, after negotiations proved to be fruitless. "So now it looks like we can't avoid responding to their litigation, as frustrated as I am by that (as I said, we have zero interest in suing them). I wanted to outline our response (even if it tips off the folks at Net App), and for everyone to know where we're headed. First, the basics. Sun indemnifies all its customers against IP claims like this. [...] Second, Sun protects the communities using our technologies under free software licenses. [...] Third, we file patents defensively."
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Member since:2005-07-08
Yeah, and here (http://blogs.netapp.com/dave/2007/09/litigoperation-.html) is a post from Netapps with an email from Sun's lawers:
http://www.netapp.com/go/Sun%20Lawyer%20Email.pdf "Over a year and half ago, StorageTek/Sun provided claim charts mapping onto NetApp products and you claimed they were inadequate. Yet you didn't provide any such claim chart in your letter [...]"
So, this phrase from Schwartz's blog: "Sun did not approach NetApps about licensing any of Sun's patents" looks at least a bit contradictory with...what his own lawyer says.
As much as I hate patents, to it looks clearly like it was Sun who started it all - so i don't fully believe Jonathan when he tries to make Netapp look like the evil, propietary company that is trying to kill Open Source. When it comes to patents, Sun is not very different from Microsoft or many other big company.
Edited 2007-10-24 21:27
Member since:2006-07-15
>So, this phrase from Schwartz's blog: "Sun did not approach NetApps about licensing any of Sun's patents" looks at least a bit contradictory with...what his own lawyer says.
I don't know any people who call this letter 'suing'. It's just the usual talk between lawyers. Some sabre-rattling.
Member since:
2006-09-30
http://blogs.sun.com/jonathan/entry/on_patent_trolling
Dmitri