Hi there, I was looking at using something very similar to arc.c <http://src.opensolaris.org/source/xref/onnv/onnv-gate/usr/src/uts/common/fs/zfs/arc.c> for an open source project. However, I''m a bit worried about the patent IBM is holding on the ARC data structure. http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.html&r=1&f=G&l=50&s1=%2220040098541%22.PGNR.&OS=DN/20040098541&RS=DN/20040098541 I remember PostgreSQL dropping their ARC implementation for 2Q some time ago. But I was hoping, that someone on this list might have some constructive input on this issue? cheers Kasper
With US patent laws the way they are, no one but a patent lawyer could safely give you an answer. If by some chance a patent lawyer is lurking and decided to comment, none of the rest of us could safely read such comments. No one working on ZFS could even safely look at the patent you''ve referenced. On Jun 5, 2007, at 11:40 PM, Kasper Nielsen wrote:> Hi there, > > I was looking at using something very similar to arc.c <http:// > src.opensolaris.org/source/xref/onnv/onnv-gate/usr/src/uts/common/ > fs/zfs/arc.c> for an open source project. > However, I''m a bit worried about the patent IBM is holding on the > ARC data structure. > http://appft1.uspto.gov/netacgi/nph-Parser? > Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=%2Fnetahtml%2FPTO% > 2Fsrchnum.html&r=1&f=G&l=50&s1=%2220040098541%22.PGNR.&OS=DN/ > 20040098541&RS=DN/20040098541 > I remember PostgreSQL dropping their ARC implementation for 2Q some > time ago. > But I was hoping, that someone on this list might have some > constructive input on this issue? > > cheers > Kasper > > _______________________________________________ > zfs-discuss mailing list > zfs-discuss at opensolaris.org > http://mail.opensolaris.org/mailman/listinfo/zfs-discuss
zfs-discuss-bounces at opensolaris.org wrote on 06/06/2007 11:45:48 AM:> With US patent laws the way they are, no one but a patent lawyer > could safely give you an answer. > If by some chance a patent lawyer is lurking and decided to comment, > none of the rest of us > could safely read such comments. No one working on ZFS could even > safely look at the patent > you''ve referenced.Kasper, In the United States, just the fact that you are aware of the patent (you linked to) and alluded to it being of potential conflict with your software opens you up to double damages if a judgment were to go against you. That said, IBM has been pretty forgiving on the patent side for opensource for a while. After talking with a patent lawyer, maybe toss IBM''s patent group an email asking for clarification or usage for your app. Free legal advice usually only defers higher payments into the future. -Wade
A patent lawyer could give his *opinion*, but actual infringement would likely have to be determined in court. Before that happens, most corporations end up signing a cross license agreement and not actually answering the question of infringement. -- mark Chad Lewis wrote:> With US patent laws the way they are, no one but a patent lawyer could > safely give you an answer. > If by some chance a patent lawyer is lurking and decided to comment, > none of the rest of us > could safely read such comments. No one working on ZFS could even > safely look at the patent > you''ve referenced. > > > On Jun 5, 2007, at 11:40 PM, Kasper Nielsen wrote: > >> Hi there, >> >> I was looking at using something very similar to arc.c >> <http://src.opensolaris.org/source/xref/onnv/onnv-gate/usr/src/uts/common/fs/zfs/arc.c> >> for an open source project. >> However, I''m a bit worried about the patent IBM is holding on the ARC >> data structure. >> http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.html&r=1&f=G&l=50&s1=%2220040098541%22.PGNR.&OS=DN/20040098541&RS=DN/20040098541 >> >> I remember PostgreSQL dropping their ARC implementation for 2Q some >> time ago. >> But I was hoping, that someone on this list might have some >> constructive input on this issue? >> >> cheers >> Kasper >> >> _______________________________________________ >> zfs-discuss mailing list >> zfs-discuss at opensolaris.org >> http://mail.opensolaris.org/mailman/listinfo/zfs-discuss > > _______________________________________________ > zfs-discuss mailing list > zfs-discuss at opensolaris.org > http://mail.opensolaris.org/mailman/listinfo/zfs-discuss