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VMWare Taken to Court Over GPL Violation

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131–140 of 299 posts

Re: VMWare Taken to Court Over GPL Violation

#131
post #86
post #81

Earlier quoted context omitted.

Or you know, they can stop being jerks and release sources for the code they derived from the GPLed one. > It's just that this GPL thing doesn't even register on their legal radar It should register. > Similarly any concerns raised by engineering are never taken seriously by the legal council. Not in any serious company to my experience. Being so lax on legal matters for such company shows very low level of their man…

Especially since the GPL is one of the most widely known copyleft licenses out there. I can expect a layman to not know about it, but the software engineers at VMWare?

You assume that a software engineer knows any more about copyright law than a random person from the street? Cuz I'm pretty sure they don't also in virtually every company it will be "don't bother with this, let the lawyers deal with it".

Companies violate patents licenses agreements and all other legal nonsense all the time, that's what they got lawyers for.

Re: VMWare Taken to Court Over GPL Violation

#132
I'm no lawyer, but isn't the most exciting fact about this lawsuit that it takes place in Germany? That means no settlements or other silly American business.

Just two parties making their case in front of a judge, and the judge deciding who is right and what the repercussions are.

Re: VMWare Taken to Court Over GPL Violation

#133

I support Hellwig and the Conservancy in their claim, but I see an unfortunate consequence: This further hinders corporate adoption of open source software. This lawsuit reinforce the corporate legal mindset that "use of open source invites litigation...".

> This lawsuit reinforce the corporate legal mindset that "use of open source invites litigation...".

If this causes trained corporate attorneys to think that the use of open source software invites litigation then they should probably not be attorneys. If software comes with a license then follow the rules of the license. Is that really that hard to do? If you don't understand the terms of the license then that's what the lawyers are for.

Re: VMWare Taken to Court Over GPL Violation

#134
post #129
post #125

Earlier quoted context omitted.

[deleted]

Wait, Microsoft is distributing and loading GPL'ed kernel modules for windows? I did not even know windows kernel had modules, and even less so that they distribute and use third-party developed gplv2 modules. Are Microsoft shipping this with windows 7, windows 8, or windows server 2012, and is there a list somewhere for the shipped modules?

[deleted]

Re: VMWare Taken to Court Over GPL Violation

#135
post #4

I'm surprised it took this long. I can't really blame them, after 15 years of ignoring the GPL, they probably figured nobody would ever come up with the financial resources to actually go after them. This is going to take years to come to a resolution and millions and millions of dollars in lawyers fees.

I doubt that it'll come to that. There are some really nasty consequences of being found to violate the GPL: 4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License... From what I understand, there is no obvious…

One of the major changes to GPLv3 was to fix this problem, so companies that goes back into compliance can automatically get permission again. However, the code in question here is gplv2 so no such luck.

Re: VMWare Taken to Court Over GPL Violation

#136

I support Hellwig and the Conservancy in their claim, but I see an unfortunate consequence: This further hinders corporate adoption of open source software. This lawsuit reinforce the corporate legal mindset that "use of open source invites litigation...".

We are way past the point where that sort of advocacy is necessary. Companies need to understand that compliance is relevant too. VmWare has no excuse for this.

Re: VMWare Taken to Court Over GPL Violation

#137

Earlier quoted context omitted.

It started out that way, but as I understand the release materials here, this is now about Hellwig's copyright on core kernel code (e.g. the VFS), which VMWare has integrated into their product. I wonder what they're thinking. At least with nVidia there's a plausible sounding defense that goes like "hey, we just wrote a shim to load this platform independent code we already had lying around, so our platform independe…

I've seen it argued on HN that the GPL's definition of a derivative work differs from the legal definition, and if you never distribute the GPL'd code, you aren't bound by it. Thus, one could write kernel drivers, which (it was argued) are not derivative works under copyright, and be safe as long as the kernel is not redistributed by the same entity.

[deleted]

Re: VMWare Taken to Court Over GPL Violation

#138

I support Hellwig and the Conservancy in their claim, but I see an unfortunate consequence: This further hinders corporate adoption of open source software. This lawsuit reinforce the corporate legal mindset that "use of open source invites litigation...".

No it doesn't.

If there's a ruling it will create precisely the kind of clarity corporate users want.

If there's a settlement it will show that free software developers are reasonable.

Either way, it will encourage corporations who are concerned about using free software to educate themselves rather than rely on FUD.

Re: VMWare Taken to Court Over GPL Violation

#139
post #15

Earlier quoted context omitted.

Please help ! There's currently a $50k challenge match going on so anything you donate will be doubled. Disclaimer - I'm on the Board of Directors of Conservancy.

Your ticker doesn't appear to be updating? Maybe that's by design?

It's updating now, although I think it's manual, not automatic.

Re: VMWare Taken to Court Over GPL Violation

#140
post #102
post #96

Earlier quoted context omitted.

vmnix aka Service Console aka Console OS aka the Fuzzy part, was part of ESX, which was discontinued with the 5.0 series of ESX products.

They still use it for bootstrapping, right? I know they've gotten rid of the Red Hat-ish userspace, but according to the LWN article, there's still a Linux kernel involved and a kernel module used to pass control to vmkernel. (Is the word "vmnix" wrong? Does it apply only to the entire Red Hat-ish distribution in the COS, and not to the Linux stepping stone alone?)

Nope, that stuff is all gone with the ESXi product. The vmkernel can bootstrap itself now.

Basically the old 1.0 - 4.0 process for _ESX_ was like this:

* Bootloader

* Linux Kernel boot

* Load VMnix module.

* Load VMkernel

* hardware control passed to VMkernel

* Linux continues running as a sort of 'super' VM with some limited hardware access.

For _ESXi_ from 4.0 - now :

* Bootloader

* VMkernel

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