> I hate to point this out, but this only demonstrates Linux Torvalds doesn't know much about copyright law.
Maybe.
When I was young I had an honestly awful employment contract waved under my nose that I was expected to sign. It included waivers of "moral rights" - like the company was allowed to give credit for my work to someone else and lie and say I never contributed to a project I worked on. I felt weird about it, so I talked to some senior people I respected.
Some of the advice I got was that the existence of a signed contract only gave the employer cover to could sue me if they wanted to. But if a company starts suing ex-employees over things that sound capricious and unfair, even if they win the court case its an incredibly bad look. Doing so would probably cost them employees and customers. So in a very real sense, particularly awful terms would never be enforced anyway.
This cuts the other way when it comes to Linux, ZFS and Oracle. Imagine Linux includes ZFS in the kernel. Oracle decides that maybe they can claim that linux is thus a derived work of ZFS. Ridiculous, but that might be enough cover to start suing companies who use linux. If it went to court they might eventually lose. So they don't go after Google. They sue smaller companies. They sue Notion. They sue banks. They sue random YC companies right after a raise. And then they graciously offer to settle each time for a mere hundreds of thousands of dollars. Much less than the court case would cost.
It doesn't matter that they're legally in the wrong. Without a court case to demonstrate that they're wrong, they get to play mafia boss and make a killing. This really hurts Linux - which gets a reputation as a business liability. And thats what Linus wants to avoid.
I'm sure Apple has fantastic lawyers. It might surprise you to learn that Apple's lawyers came to the same decision as Linus. Apple was in the process of transitioning MacOS to ZFS when Oracle bought SUN (and by extension acquired ZFS). They'd done all the technical work to make that happen - and they were set to announce it at WWDC, launching ZFS as a headlining feature of the next version of macos. But after oracle got involved, they pulled the plug on the project and threw out all their work. We can only assume Apple's lawyers considered it too big of a legal liability. Even if they might have won the court case, they didn't want to take the risk. Cheaper in the long run to make their own ZFS-like filesystem (APFS) instead. So thats what they did.
It doesn’t need to make sense for oracle to use the threat of lawsuits to bully small companies. It doesn’t matter if it’s crazy if your pockets aren’t deep enough to survive the legal challenge.
I don’t blame people for deciding zfs isn’t worth the risk.
Maybe.
When I was young I had an honestly awful employment contract waved under my nose that I was expected to sign. It included waivers of "moral rights" - like the company was allowed to give credit for my work to someone else and lie and say I never contributed to a project I worked on. I felt weird about it, so I talked to some senior people I respected.
Some of the advice I got was that the existence of a signed contract only gave the employer cover to could sue me if they wanted to. But if a company starts suing ex-employees over things that sound capricious and unfair, even if they win the court case its an incredibly bad look. Doing so would probably cost them employees and customers. So in a very real sense, particularly awful terms would never be enforced anyway.
This cuts the other way when it comes to Linux, ZFS and Oracle. Imagine Linux includes ZFS in the kernel. Oracle decides that maybe they can claim that linux is thus a derived work of ZFS. Ridiculous, but that might be enough cover to start suing companies who use linux. If it went to court they might eventually lose. So they don't go after Google. They sue smaller companies. They sue Notion. They sue banks. They sue random YC companies right after a raise. And then they graciously offer to settle each time for a mere hundreds of thousands of dollars. Much less than the court case would cost.
It doesn't matter that they're legally in the wrong. Without a court case to demonstrate that they're wrong, they get to play mafia boss and make a killing. This really hurts Linux - which gets a reputation as a business liability. And thats what Linus wants to avoid.
I'm sure Apple has fantastic lawyers. It might surprise you to learn that Apple's lawyers came to the same decision as Linus. Apple was in the process of transitioning MacOS to ZFS when Oracle bought SUN (and by extension acquired ZFS). They'd done all the technical work to make that happen - and they were set to announce it at WWDC, launching ZFS as a headlining feature of the next version of macos. But after oracle got involved, they pulled the plug on the project and threw out all their work. We can only assume Apple's lawyers considered it too big of a legal liability. Even if they might have won the court case, they didn't want to take the risk. Cheaper in the long run to make their own ZFS-like filesystem (APFS) instead. So thats what they did.