Here is an update on the law-suit. If you are interested please also read a declaration by Dave Hitz. He basically does confess that NetApp is scared of ZFS and that it makes NetApp out of business. I agree - while I like NetApp from the economic point of view in most cases it doesn't make sense to buy it - build your storage box yourself using ZFS. Ok, you need certain skills to do so... but I'm 100% confident that sooner or later we will see appliances based on ZFS.
It's really sad that instead of innovating NetApp is going to court...
If your mortgage and comfortable home in Montana were dependent on earning $200,000 a year selling NetApps then you would sue as well.
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