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    VMware Sued Over Unlicensed Use of Linux Kernel Code

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    linux vmware open source gpl lawsuit
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    • ?
      A Former User
      last edited by

      Woah! What happened to we make our own from scratch kernel

      1 Reply Last reply Reply Quote 3
      • Reid CooperR
        Reid Cooper
        last edited by

        Maybe they do. They've only been sued, not found guilty or liable or whatever. Could be that they are totally innocent and wrongfully accused. Although the developer must feel that he has a really compelling case to take on someone like VMware. That is not a trivial suit.

        1 Reply Last reply Reply Quote 4
        • nadnerBN
          nadnerB
          last edited by nadnerB

          Oh, well this, potentially, could change the IT World as we know it.
          This will be a long, drawn out case.

          1 Reply Last reply Reply Quote 0
          • scottalanmillerS
            scottalanmiller
            last edited by

            So whatever came of this? This just silently went away. I'm guessing that it was like thrown out or something. It seemed like a ridiculous claim at the time.

            1 Reply Last reply Reply Quote 1
            • thwrT
              thwr
              last edited by

              @scottalanmiller said in VMware Sued Over Unlicensed Use of Linux Kernel Code:

              So whatever came of this? This just silently went away. I'm guessing that it was like thrown out or something. It seemed like a ridiculous claim at the time.

              http://laforge.gnumonks.org/blog/20160225-vmware-gpl/

              1 Reply Last reply Reply Quote 0
              • scottalanmillerS
                scottalanmiller
                last edited by

                Wow, so that sounds like VMware have openly admitted to software theft, but are safe as only one contributor rather than the Linux project itself is suing them. Basically they are trying to get away with theft based on the complexities of the German courts requiring every programmer to sue individually so that theft of a "whole" is permissible as long as the "parts" are small. Basically robbing a grocery store would be okay as long as all of the stuff stolen was not significant from any one vendor 😞

                thwrT 1 Reply Last reply Reply Quote 1
                • thwrT
                  thwr @scottalanmiller
                  last edited by

                  @scottalanmiller said in VMware Sued Over Unlicensed Use of Linux Kernel Code:

                  Wow, so that sounds like VMware have openly admitted to software theft, but are safe as only one contributor rather than the Linux project itself is suing them. Basically they are trying to get away with theft based on the complexities of the German courts requiring every programmer to sue individually so that theft of a "whole" is permissible as long as the "parts" are small. Basically robbing a grocery store would be okay as long as all of the stuff stolen was not significant from any one vendor 😞

                  It looks a little bit like that. Anyway, we don't have anything like your fines and settlement deals here.

                  scottalanmillerS 1 Reply Last reply Reply Quote 0
                  • scottalanmillerS
                    scottalanmiller @thwr
                    last edited by

                    @thwr said in VMware Sued Over Unlicensed Use of Linux Kernel Code:

                    It looks a little bit like that. Anyway, we don't have anything like your fines and settlement deals here.

                    VMware seems pretty unconcerned about having used Linux code and violating the GPL in Germany, though.

                    Deleted74295D 1 Reply Last reply Reply Quote 1
                    • mlnewsM
                      mlnews
                      last edited by

                      https://opensource.com/law/16/8/gpl-enforcement-action-hellwig-v-vmware

                      A decision in the GPL enforcement case in Germany between Christoph Hellwig (supported by the Software Freedom Conservancy) and VMware recently became public. The court dismissed the case after concluding that Hellwig failed to identify in the VMware product the specific lines of code for which he owned copyright. The GPL interpretation question was not addressed. Hellwig has indicated that he will appeal the court’s decision.

                      The case has attracted particular attention because the allegations involve interpretation of the scope of the copyleft feature of the GPL. This differs from prior GPL enforcement cases, which have involved relatively straightforward failures to meet the license requirements, such as failure to provide source code for software that was clearly licensed under the GPL......

                      1 Reply Last reply Reply Quote 0
                      • Deleted74295D
                        Deleted74295 Banned @scottalanmiller
                        last edited by

                        @scottalanmiller said in VMware Sued Over Unlicensed Use of Linux Kernel Code:

                        @thwr said in VMware Sued Over Unlicensed Use of Linux Kernel Code:

                        It looks a little bit like that. Anyway, we don't have anything like your fines and settlement deals here.

                        VMware seems pretty unconcerned about having used Linux code and violating the GPL in Germany, though.

                        Too big to care.

                        1 Reply Last reply Reply Quote 0
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