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Linux Developer Loses GPL Suit Against VMware (itwire.com)

An anonymous Slashdot reader quotes ITWire: Linux kernel developer Christoph Hellwig has lost his case against virtualisation company VMware, which he had sued in March 2015 for violation of version 2 of the GNU General Public Licence... The case claimed that VMware had been using Hellwig's code right from 2007 and not releasing source code as required. The Linux kernel, which is released under the GNU GPL version 2, stipulates that anyone who distributes it has to provide source code for the same...

In its ruling, the court said that Hellwig had failed to prove which specific lines of code VMware had used, from among those over which he claimed ownership.

In a statement, Hellwig said he plans to appeal, adding that "The ruling concerned German evidence law; the Court did not rule on the merits of the case, i.e. the question whether or not VMware has to license the kernel of its product vSphere ESXi 5.5.0 under the terms of the GNU General Public License, version 2." The Software Freedom Conservancy has described the lawsuit as "the regretful but necessary next step in both Hellwig and Conservancy's ongoing effort to convince VMware to comply properly with the terms of the GPLv2, the license of Linux and many other Open Source and Free Software included in VMware's ESXi products."

3 of 162 comments (clear)

  1. Re: Wrong again by sexconker · · Score: -1, Flamebait

    The old "opt-out" mentality? For all you know the PHBs at VMware wipe their asses with toilet paper with the GPL printed on it.

    By reading this post you implicitly agree that you're a dumbass.

  2. Re: Que the consultant guy... by Anonymous Coward · · Score: -1, Flamebait

    Hello,

    Consulting for several large companies, I'd always done my work on Windows. Recently however, a top online investment firm asked us to do some work using Linux. The concept of having access to source code was very appealing to us, as we'd be able to modify the kernel to meet our exacting standards which we're unable to do with Microsoft's products.

    Although we met several technical challenges along the way (specifically, Linux's lack of support for some things and the fact that we were unable to defrag some stuff), all in all the process went smoothly. Everyone was very pleased with Linux, and we were considering using it for a great deal of future internal projects.

    So you can imagine our suprise when we were informed by a lawyer that we would be required to publish our source code for others to use. It was brought to our attention that Linux is copyrighted under something called the GPL, or the Gnu Protective License. Part of this license states that any changes to the kernel are to be made freely available. Unfortunately for us, this meant that the great deal of time and money we spent "touching up" Linux to work for this investment firm would now be available at no cost to our competitors.

    Furthermore, after reviewing this GPL our lawyers advised us that any products compiled with GPL'ed tools - such as gcc - would also have to its source code released. This was simply unacceptable.

    Although we had planned for no one outside of this company to ever use, let alone see the source code, we were now put in a difficult position. We could either give away our hard work, or come up with another solution. Although it was tought to do, there really was no option: We had to rewrite the code, from scratch, for Windows 10.

    I think the biggest thing keeping Linux from being truly competitive with Microsoft is this GPL. Its draconian requirements virtually guarentee that no business will ever be able to use it. After my experience with Linux, I won't be recommending it to any of my associates. I may reconsider if Linux switches its license to something a little more fair, then maybe. Until then its attempts to socialize the software market will insure it remains only a bit player.

    Thank you for your time my friends.

  3. Why use VMWare? by whoever57 · · Score: 0, Flamebait
    I don't know about the ESX version, but in my opinion, VMWare Workstation is a heap of steaming crap. We see VMs that slow down, even though the slow VM is the single VM that is busy on the host. Frequent re-starts appear to be the only solution to this.

    We tried a shared filesystem (shared between the host and other guests) and performance was terrible.

    Combined with VMWare firing the desktop developers, I cannot understand why anyone would pay for this.

    --
    The real "Libtards" are the Libertarians!