NetApp says Sun wrong. Sun says: You wanna fight buster? Okay then, let's have one.
Sun has issued a statement in response to NetApp's legal claims:-
"NetApp's legal attack against Sun's open source ZFS solution which is freely available in the marketplace is a clear indication that NetApp considers Sun technology a threat, and is a direct attack on the open source community. ZFS is the fastest growing storage virtualization technology in the marketplace, and NetApp's attempt to use patent litigation to inhibit the meteoric rise of open source technologies like ZFS is tantamount to being unhappy with gravity. As Sun knows well, and NetApps' customers obviously recognize, innovation works better than litigation. "
"Many of the claims raised in the lawsuit are factually untrue. For example, it was NetApp who first approached Sun seeking to acquire the Sun patents NetApp is now attempting to invalidate. It is unfortunate that NetApp has now resorted to resolving its business issues in a legal jurisdiction (East Texas) long favored by ‘patent trolls.'"
"Bottom line, Sun indemnifies its customers, and stands behind the innovations we deliver to the marketplace."
Oh dear; hopes of a warming CEO-level chat between Sun and NetApp just evaporated. What a stupid, stupid, stupid response.
To say that NetApp's actions are 'tantamount to being unhappy with gravity' is very witty but also insolent. Does Sun want to put Warmenhoeven's back against the wall?
To say that 'innovation works better than litigation' is trite and ignores the point that discussion between positively-minded people works better than litigation.
Better no response at all than this fighting talk of 'patent trolls'. The lawyers must be open-mouthed in amazement at the fee possibilities here.
I've seen some corporate knee-jerk responses in my time but this one..... jerk is the word that comes to mind thinking of whoever agreed to it.