Additional facts from in 2015-10-28 announcement.
The news announcement posted on Conservancy's site on 2015-10-28 at: https://sfconservancy.org/news/2015/oct/28/vmware-update/ had additional facts. This commit incorporates those into the FAQ. Additionally, a link to additional technical materials was also provided that day.
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		|  | @ -36,7 +36,10 @@ | |||
|   (unlike in the USA).  Conservancy will continue to update this FAQ with | ||||
|   information that Conservancy knows about the case.  We would all also | ||||
|   welcome an agreement with VMware whereby both sides would agree to publish | ||||
|   all Court documents. </dd> | ||||
|   all Court documents.  Unfortunately, VMware has explicitly asked for the | ||||
|   filings not to be published.   Accordingly, Conservancy itself has not | ||||
|   even been able to review VMware's statement of defense nor Christoph's | ||||
|   response to that statement of defense.</dd> | ||||
| 
 | ||||
|   <dt>Who's funding this lawsuit?</dt> | ||||
| 
 | ||||
|  | @ -113,6 +116,37 @@ | |||
|  before filing this litigation.</p> | ||||
|   </dd>     | ||||
| 
 | ||||
|   <dt>What are VMware's primary defenses for their alleged copyright | ||||
|     infringement?</dt> | ||||
| 
 | ||||
|   <dd>With the guidance of counsel, Christoph was able to provide Conservancy | ||||
|   with a high-level summary of VMware's statement of defense, which we share | ||||
|   in this FAQ.  Specifically, VMware's statement of defense primarily focuses | ||||
|   on two issues.  First, VMware questions Christoph's copyright interest in | ||||
|   the Linux kernel and his right to bring this action.  Second, VMware claims | ||||
|   vmklinux is an “interoperability module” which communicates | ||||
|   through a stable interface called VMK API.</dd> | ||||
| 
 | ||||
|   <dt>How did Christoph respond to VMware's statement of defense?</dt> | ||||
| 
 | ||||
|   <dd>Christoph's response discusses his extensive contributions to the Linux | ||||
|   kernel and disputes the technical merits of VMware's assertions. The | ||||
|   response points out that vmklinux is <strong>not</strong> an | ||||
|   interoperability module, but rather an arbitrary separation of the Linux | ||||
|   derived module from vmkernel.   Specifically, vmklinux is nonfunctional | ||||
|   with any non-ESX OS, and vmklinux is tied intimately to a specific version | ||||
|   of ESXi.  Vmklinux does not allow reuse of unmodified Linux drivers in | ||||
|   binary or source form.  Christoph further points out that if the Court | ||||
|   allows proprietarization of an arbitrary split portion of GPL'd computer | ||||
|   programs, it could allow redistributors to trivially bypass the strong | ||||
|   copyleft terms found in the GPL.  Finally, the response explains that | ||||
|   vmkernel and vmklinux don't “communicate over an interface”, | ||||
|   rather they run in the same process as a single computer program.  Thus, | ||||
|   VMK API, as used by vmklinux, is not an “interface” as set | ||||
|   forth in | ||||
|   the <a href="http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32009L0024&from=EN">EU | ||||
|       Directive 2009/24/EC</a>.</dd> | ||||
| 
 | ||||
|   <dt>Can you explain further how VMware incorporated code from Linux into | ||||
|   their kernel?</dt> | ||||
| 
 | ||||
|  | @ -441,7 +475,12 @@ previously-mentioned <code>linux_pci.c</code>, | |||
| <code>vmkapi_pci_incompat.h</code>, and <code>k.b00</code> files, as well as | ||||
|     <code>vmklinux_9</code> and the source code that builds the latter.</p> | ||||
| 
 | ||||
|   <p>To obtain the source components, follow these steps (no login is required):</p> | ||||
|   <p>To speed up the process, Conservancy has provided | ||||
|   a <a href="https://git.sfconservancy.org/?p=vmkdrivers;a=summary">Git | ||||
|   repository that we built that includes the source components that VMware | ||||
|   released</a>, and which are discussed above in our examples.  However, one | ||||
|   can also obtain the source components directly from VMware, by following | ||||
|   these steps (no login is required):</p> | ||||
| 
 | ||||
| <ol> | ||||
| <li>Visit <a href="https://my.vmware.com/web/vmware/details?downloadGroup=ESXI55U2_OSS&productId=353">https://my.vmware.com/web/vmware/details?downloadGroup=ESXI55U2_OSS&productId=353</a>.</li> | ||||
|  |  | |||
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	 Bradley M. Kuhn
						Bradley M. Kuhn