A couple of points:
First their patents are very much tied into their implementation
of WAFL, your implementation of Tux2 should be sufficiently different
not to cause a problem. You mentioned multi-bit maps which sounds
like a big enough difference on its own.
Second Netapp are a pretty nice bunch and chasing someone doing GPL
code isn't their style.
Thirdly a hell of a lot of people buying Netapp products are fans
of linux/*BSD, I very much doubt that they're going to risk their
bottom line.
Chris
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