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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."
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."
Did Vmware actually agree to the GPL? If not, they are not in violation. This is getting old. They did not violate the GPL if they did not agree to it.
But they did violate copywrite law, provided that this fellow can prove it. I hope he can prove it in court. But "violating the GPL" is not correct unless the company explicitly agreed to it.
A dingo ate my sig...
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