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VMWare Taken to Court Over GPL Violation

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Re: VMWare Taken to Court Over GPL Violation

#231
post #228

Earlier quoted context omitted.

Ethics don't enter into it--you might be thinking of negative externalities. That's the responsibility of the person running things next fiscal year. In the mean time, quit worrying and go deliver shareholder value.

> That's the responsibility of the person running things next fiscal year. In the mean time, quit worrying and go deliver shareholder value. No, that's a weird attitude (i.e. I'll create a mess today, next person will clean it tomorrow). One has to be responsible for the mess, and actually preventing it to begin with. What you described is exactly the lack of professionalism.

http://en.wikipedia.org/wiki/Subprime_mortgage_crisis

http://en.wikipedia.org/wiki/Black_Wednesday

http://en.wikipedia.org/wiki/Criticism_of_Comcast

It's only unprofessional if you're bad at it.

Re: VMWare Taken to Court Over GPL Violation

#232
post #228

Earlier quoted context omitted.

> That's the responsibility of the person running things next fiscal year. In the mean time, quit worrying and go deliver shareholder value. No, that's a weird attitude (i.e. I'll create a mess today, next person will clean it tomorrow). One has to be responsible for the mess, and actually preventing it to begin with. What you described is exactly the lack of professionalism.

http://en.wikipedia.org/wiki/Subprime_mortgage_crisis http://en.wikipedia.org/wiki/Black_Wednesday http://en.wikipedia.org/wiki/Criticism_of_Comcast It's only unprofessional if you're bad at it .

It's unprofessional for normal companies. Unless you are talking about being a professional crook (and that's not what I'm talking about).

Re: VMWare Taken to Court Over GPL Violation

#233

LWN has a very clear explanation of just how clear-cut this is: https://lwn.net/SubscriberLink/635290/e501ce0264c182f4/ In particular, this isn't just a question of whether a kernel module is a derived work of the kernel. Apparently VMWare has copied code from the Linux kernel, with GPLed headers on top, and compiled that code directly into some of their code.

I don't think it is as clear cut at all, but that makes it much more interesting. I left a comment there, but it bears some repeating I think ESXi's kernel does not bootstrap itself from Linux at all. There is no linux kernel as such [1] ESXi does reuse linux kernel drivers ... a lot of them. But the way this happens is through a well-defined API provided by (proprietary) vmkernel called vmkapi. What you are seeing i…

That sounds an awful lot like embrace, extend, and extinguish in my woefully uneducated opinion.

Re: VMWare Taken to Court Over GPL Violation

#234

LWN has a very clear explanation of just how clear-cut this is: https://lwn.net/SubscriberLink/635290/e501ce0264c182f4/ In particular, this isn't just a question of whether a kernel module is a derived work of the kernel. Apparently VMWare has copied code from the Linux kernel, with GPLed headers on top, and compiled that code directly into some of their code.

I don't think it is as clear cut at all, but that makes it much more interesting. I left a comment there, but it bears some repeating I think ESXi's kernel does not bootstrap itself from Linux at all. There is no linux kernel as such [1] ESXi does reuse linux kernel drivers ... a lot of them. But the way this happens is through a well-defined API provided by (proprietary) vmkernel called vmkapi. What you are seeing i…

Re: [1] There's an argument that ESXi was released to handle these concerns, which predate ESXi's release. I ran venturecake which first published the story, showing how the Linux kernel started vmkernel, not the other way around. Proprietary kernel modules are considered derived works unless they can run independently (eg, nvidia.ko isn't generally considered to be a derived work because it's largely code ported from other platforms). However retrospectively making something portable doesn't change it's previous status as a derived work, and ESXi wouldn't be popular without ESX, which wouldn't exist without Linux booting vmware (despite vmware's protestation otherwise - load ESX and watch the boot process).

Re: VMWare Taken to Court Over GPL Violation

#235
post #223

Earlier quoted context omitted.

Implicit is that I believe commercial software can exist while still being free.

How so? Commercial -support-, perhaps. Butt in not sure how offering to sell software that is free I'd any business model. And that's my point, Stallman absolutely DOES want to kill commercial software (as is this right)

I consider commercial support a business model for commercial software. Commercial software does not have to mean non-free proprietary software.

Re: VMWare Taken to Court Over GPL Violation

#236
post #214

Earlier quoted context omitted.

> It's just that this GPL thing doesn't even register on their legal radar, so it never percolates down to engineering. VMware engineer here. This should not be construed as commenting on an ongoing court case (and I've never worked on the vmkernel), but I would like to respond to: At least in my organization: Legal is definitely aware of the GPL. Engineers are definitely aware of the GPL. Adding a dependency on a GP…

Out of curiosity - if GPL is taken so seriously, why do customers have to jump through so many hoops to get copies of source. Last I checked you are required to send a letter via snailmail to legal counsel @vmware and if they deem you worthy, they send back physical media with copies of the source. I can't imagine a less open-source friendly system...

If you want a copy of the source you can get it via the Open Source tab on most VMware products download page. You'll find the open source distributed for ESXi under the VMware vSphere Open Source group on this page -> https://my.vmware.com/web/vmware/info/slug/datacenter_cloud_...

It doesn't require a snail mail letter as far as I can tell.

Re: VMWare Taken to Court Over GPL Violation

#237
post #192

Earlier quoted context omitted.

Commercial engines generally are not compatible with license requirement from other licenses. That is however outside the point since the argument parent post made is that the threat of enforcing third-party licenses will make every company switch to self-production only.

> [...] the argument parent post made is that the threat of enforcing third-party licenses will make every company switch to self-production only. Note this problem only applies (in practice) to GPL licenses which are explicitly disallowed in all gaming environments I have encountered. As such the problem is moot. There are lots of Open Source code in computer games, just not GPL. It's a non issue.

How would this problem only apply to GPL? If you do not give the 5% revenue to unreal when using their engine, I am sure they will sue. A company can not pick and choose which license agreement to follow and which to ignore, or they risk inoperation from lawsuits.

In practice, license conditions are balanced to the interest of the company. Some might be perfectly fine with 5% revenue losses in order to pay for a engine, where others would strongly disallow it. If this lawsuit succeed, my guess is that any damages will be far less than 5% total revenue from the years of Linux usage.

Re: VMWare Taken to Court Over GPL Violation

#239
post #41
post #3

Earlier quoted context omitted.

This is just speculation but I suspect this is a matter of being caught with their pants down. They violated the GPL, but to comply with the license would mean that they'd have to release a lot of code that they don't want to release. From the page, it seems like there's been ongoing negotiation, so I am guessing there's been a lot of stalling.

> They violated the GPL, but to comply with the license would mean that they'd have to release a lot of code that they don't want to release. Well they could replace the component with proprietary (so there is not license to comply with), stop releasing the old version and then probably settle to pay fines or damages. In other words the legal outcome of GPL violations is not necessarily being forced to release the re…

>In other words the legal outcome of GPL violations is not necessarily being forced to release the rest of the code as GPL.

True. I have met many people who didn't make that connection. They had this idea that if they found GPL code inside a commercial, closed source product, that it would be completely okay to start distributing this software themselves. Because in their minds, "GPL is in there, so the entire thing automatically becomes GPL licensed and everybody can distribute GPL licensed code and even charge money for it".

I had to explain to them that is doesn't work that way. And if they found such a component, all they would have found was a GPL violation which they can report and which then would be an issue between the software's developers to resolve. Which may either end in them actually releasing their entire product under GPL or simply paying a fine. Out of those options I am pretty sure most would rather pay a fine than to give up their own IP to the GPL.

Re: VMWare Taken to Court Over GPL Violation

#240
post #67

Earlier quoted context omitted.

Depending on what you're looking to do, you might investigate Xen or KVM, possibly with OpenStack on top.

The problem with OpenStack as a replacement for VMware (outside of the complexity of installation), is that most people using VMware have an expectation of high availability being table stakes (a VM automatically being rebooted on a different node in the event of a node failure). OpenStack assumes the software on the front end can tolerate a node going down in it's current form and that the front-end application will…

Also available in some commercial distro's of OpenStack, like Metacloud.

I always cringe when people believe VMware HA == HA solution. No. It's part of a HA strategy, but 30 seconds to declare a node is dead, and then however long booting up a big server full of VM's takes - if your storage is not that great, that can be quite a while (boot storms are fun).

If up to 15 mins of complete downtime counts as HA for you, great! But that's already risking 99.99% SLA.

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