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175
www/conservancy/static/copyleft-compliance/vmware-lawsuit-faq.html
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@ -27,51 +27,59 @@
&lt;info@sfconservancy.org&gt;</a>, but understand that we may often need
to answer: <q>We cannot comment on this while litigation is pending</q>.</p>
<dl>
<dt>Who is the Plaintiff in the lawsuit?</dt>
<details>
<summary>Who is the Plaintiff in the lawsuit?</summary>
<dd>Christoph is one of most active developers of the Linux kernel. He has
<p>Christoph is one of most active developers of the Linux kernel. He has
contributed 279,653 lines of code to the latest Linux 3.19 kernel, and
thus ranks 20th among the 1,340 developers involved in that release.
Christoph also ranks 4th among those who have reviewed third-party source
code, and he has tirelessly corrected and commented on other developers'
contributions.</dd>
contributions.</p>
</details>
<dt id="court-documents">Are the court documents released?</dt>
</details>
<dd>Not currently. Court proceedings are not public by default in Germany
(unlike in the USA). Conservancy will continue to update this FAQ with
<details>
<summary id="court-documents">Are the court documents released?</summary>
<p>Not currently. Court proceedings are not public by default in Germanyg (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. 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filings not to be published.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>
response to that statement of defense.</p>
</details>
<dt id="funding">Who's funding this lawsuit?</dt>
<details>
<summary id="funding">Who's funding this lawsuit?</summary>
<dd>Conservancy has engaged in a grant agreement with Christoph Hellwig for
<p>Conservancy has engaged in a grant agreement with Christoph Hellwig for
the purposes of pursuing this specific legal action in Germany.
Conservancy is funding this legal action specifically as part of
Conservancy's program activity in
its <a href="/copyleft-compliance/about.html">GPL Compliance
Project for Linux Developers</a>.</dd>
Project for Linux Developers</a>.</p>
</details>
<dt id="combined-and-derivative-works">Is this the Great Test Case of Combined / Derivative Works?</dt>
<details>
<summary id="combined-and-derivative-works">Is this the Great Test Case of Combined / Derivative Works?</summary>
<dd>This case is specifically regarding a combined work that VMware
<p>This case is specifically regarding a combined work that VMware
allegedly created by combining their own code (&ldquo;vmkernel&rdquo;) with
portions of Linux's code, which was licensed only under GPLv2. As such,
this, to our knowledge, marks the first time an enforcement case is
exclusively focused on this type of legal question relating to GPL.
However, there are so many different ways to make combined and/or
derivative works that are covered by GPL that no single case could possibly
include all such issues. </dd>
include all such issues. </p>
</details>
<dt id="why-lawsuit">Why must you file a lawsuit? Isn't there any other way to convince
VMware to comply with GPL?</dt>
<details>
<summary id="why-lawsuit">Why must you file a lawsuit? Isn't there any other way to convince VMware to comply with GPL?</summary>
<dd><p>Neither Conservancy nor Christoph takes this action lightly nor without
<p>Neither Conservancy nor Christoph takes this action lightly nor without
exhausting every other possible alternative first. This lawsuit is the
outgrowth of years of effort to convince VMware to comply with GPL.</p>
@ -121,22 +129,26 @@
<p>Simply put, Conservancy and Christoph fully exhausted every possible
non-litigation strategy and tactic to convince VMware to do the right thing
before filing this litigation.</p>
</dd>
</p>
</details>
<dt>What are VMware's primary defenses for their alleged copyright
infringement?</dt>
<details>
<summary>What are VMware's primary defenses for their alleged copyright
infringement?</summary>
<dd>With the guidance of counsel, Christoph was able to provide Conservancy
<p>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 &ldquo;interoperability module&rdquo; which communicates
through a stable interface called VMK API.</dd>
through a stable interface called VMK API.</p>
</details>
<dt>How did Christoph respond to VMware's statement of defense?</dt>
<details>
<summary>How did Christoph respond to VMware's statement of defense?</summary>
<dd>Christoph's response discusses his extensive contributions to the Linux
<p>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
@ -152,12 +164,14 @@
VMK API, as used by vmklinux, is not an &ldquo;interface&rdquo; 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>
Directive 2009/24/EC</a>.</p>
</details>
<dt id="tech">Can you explain further how VMware incorporated code from Linux into
their kernel?</dt>
<details>
<summary id="tech">Can you explain further how VMware incorporated code from Linux into
their kernel?</summary>
<dd>
<p>
<p id="diagram">
Conservancy prepared this diagram to show the technical situation as we
understand it. The diagram compares the technical architecture of a full,
@ -173,11 +187,13 @@
(English)</a>, <a href="/copyleft-compliance/linux-vs-vmkernel_de.svg">SVG
(German)</a>, and <a href="/copyleft-compliance/linux-vs-vmkernel_de.png">PNG
(German)</a>.</p>
</dd>
</p>
</p>details>
<dt>Can you explain further in words (rather than a picture) about the central
component in ESXi that the lawsuit alleges violates the GPL?</dt>
<dd>
<details>
<summary>Can you explain further in words (rather than a picture) about the central
component in ESXi that the lawsuit alleges violates the GPL?</summary>
<p>
<p>The GPL violation at issue involves VMware's ESXi product.
Conservancy independently reviewed ESXi and its incomplete
<abbr title="complete, corresponding source">CCS</abbr>
@ -198,13 +214,15 @@ Code, and for which (at least some) source code is provided.
<p>Conservancy examined the incomplete CCS alongside the
binary &ldquo;vmkernel&rdquo; component. Such examination indicates that functions
in &ldquo;vmkernel&rdquo; do make function calls to Linux's kernel code
in the usual way for a single program written in C.</p></dd>
in the usual way for a single program written in C.</p></p>
</li>details>
<dt>Doesn't VMware's &ldquo;shim layer&rdquo; insulate them from GPL
<details>
<summary>Doesn't VMware's &ldquo;shim layer&rdquo; insulate them from GPL
obligations and allow them to keep certain code in their kernel
proprietary?</dt>
proprietary?</summary>
<dd>
<p>
<p>Many in the media have talked about the possibility that VMware might
use some so-called &ldquo;shim layer&rdquo; between Linux code and
VMware's proprietary code. While, for decades, there has been much talk of
@ -220,20 +238,24 @@ Code, and for which (at least some) source code is provided.
code in their own kernel, and evidence seems to indicate the work as a
whole was developed by modifying Linux code in tandem with
modifications to &ldquo;vmkernel&rdquo; in a tightly coupled manner.</p>
</dd>
<dt id="shim-meaningless">Is Conservancy proposing a &ldquo;shim
layer&rdquo; as a viable solution for GPL compliance?</dt>
</p></details>
<dd>No, in fact, as we say above, Conservancy doesn't think the phrase
<details>
<summary id="shim-meaningless">Is Conservancy proposing a &ldquo;shim
layer&rdquo; as a viable solution for GPL compliance?</summary>
<p>No, in fact, as we say above, Conservancy doesn't think the phrase
&ldquo;shim layer&rdquo; has any meaning, despite regular use of that
phrase in the media. Conservancy generally doubts there is any
technological manipulation that changes the outcome of a
combined/derivative work analysis.</dd>
combined/derivative work analysis.</p>
</details>
<dt id="example">Can you give a <em>specific</em> example, with code, showing how
VMware combined Linux source code with their binary-only components?</dt>
<details>
<summary id="example">Can you give a <em>specific</em> example, with code, showing how
VMware combined Linux source code with their binary-only components?</summary>
<dd><p>There are numerous examples available that show this. The
<p><p>There are numerous examples available that show this. The
details of alleged infringement specifically relating to Hellwig's
contributions to Linux are of course the main matter of the
allegations in the litigation, and Conservancy
@ -282,7 +304,7 @@ LinuxPCIDeviceRemoved(vmk_PCIDevice vmkDev)
VMKAPI_MODULE_CALL_VOID(pciDevExt-&gt;moduleID,
linuxDev-&gt;driver-&gt;remove,
linuxDev);
</pre>
</pre>
<h4>Combination of &ldquo;vmkernel&rdquo; code with &ldquo;vmkdrivers&rdquo;</h4>
@ -476,10 +498,12 @@ static struct pci_driver tg3_driver = {
to explain some of the &ldquo;combined work&rdquo; violations found in
VMware's ESXi product. Conservancy did a similar analysis for ESXi 5.0
as well as ESXi 5.5 Update 2 and found nearly identical results.</p>
</p>details>
<dt id="verify">How can I verify Conservancy's technical findings above?</dt>
<details>
<summary id="verify">How can I verify Conservancy's technical findings above?</summary>
<dd><p>The binary and source packages mentioned above are available
<p><p>The binary and source packages mentioned above are available
on VMware's website. These packages contain the
previously-mentioned <code>linux_pci.c</code>,
<code>vmkapi_pci_incompat.h</code>, and <code>k.b00</code> files, as well as
@ -577,22 +601,26 @@ at <code>bin/vmtar</code> inside
terms in great detail with the assistance of your own legal counsel before
downloading the software and/or engaging in the process that Conservancy
discusses above.</p>
</p>details>
<dt id="similarity-analysis">How do you know Christoph's code is present in
VMware's work?</dt>
<details>
<summary id="similarity-analysis">How do you know Christoph's code is present in
VMware's work?</summary>
<dd>Conservancy
<p>Conservancy
published <a href="/copyleft-compliance/vmware-code-similarity.html">its
comparison analysis between Christoph's code and VMware's code</a>. This
particular analysis uses a two step process: (a) use Linux's public Git logs
to find Christoph's contributions from Christoph, and (b) use a widely
accepted and heavily academically cited tool, CCFinderX, to show that VMware
copied Christoph's code into their product.</dd>
copied Christoph's code into their product.</p>
</details>
<dt id="appeal">I heard that Christoph's case was dismissed. Is that
true?</dt>
<details>
<summary id="appeal">I heard that Christoph's case was dismissed. Is that
true?</summary>
<dd>There was a ruling in July 2016 in the Hamburg District Court, which
<p>There was a ruling in July 2016 in the Hamburg District Court, which
dismissed Christoph's case against VMware. The ruling concerned German
evidence law and the Court did not rule on the merits of the case. The
ruling centered around German evidentary rules related to documenting
@ -605,9 +633,11 @@ copied Christoph's code into their product.</dd>
the Court's ruling</a> which explains why the materials submitted did not
satisfy German evidence rules &mdash; despite publicly available
information in Linux's Git repositories. In addition, the Court chose not
to seek expert testimony.</dd>
<dt id="statements-of-support">Have others issued statements of support about this action?</dt>
<dd>Various individuals and groups have publicly stated their support for
to see</p>details>
<details>k expert testimony.</p>
<summary id="statements-of-support">Have others issued statements of support about this action?</summary>
<p>Various individuals and groups have publicly stated their support for
Conservancy's and Hellwig's actions in this matter. They include:
<ul>
<li><a href="http://www.april.org/en/statement-support-software-freedom-conservancy-and-christoph-hellwig-gpl-enforcement-lawsuit">APRIL</a></li>
@ -631,15 +661,17 @@ copied Christoph's code into their product.</dd>
Triplett, Linux Developer</a></li>
<li><a href="https://lwn.net/Articles/635617/">Rik van Riel, Linux Developer</a></li>
</ul>
</dd>
</p>
</details>
<dt>I
<details>
<summary>I
see <a href="https://fsf.org/news/conservancy-and-christoph-hellwig-gpl-enforcement-lawsuit">FSF's
statement of support</a>, but why
isn't <a href="https://www.fsf.org/licensing/compliance">FSF enforcing</a> in
this case?</dt>
this case?</summary>
<dd>While FSF are the authors and license steward of the GNU GPL, it's up to
<p>While FSF are the authors and license steward of the GNU GPL, it's up to
the copyright holder to enforce GPL. VMware created an operating system by
combining parts of the kernel named Linux with their own proprietary code,
and then added BusyBox to provide the userspace operating system components.
@ -648,11 +680,13 @@ a <a href="https://www.gnu.org/gnu/linux-and-gnu.html">traditional GNU/Linux
system</a>. FSF has many copyrights of its own, but these are almost
exclusively on various parts of the GNU system, not on the kernel, Linux. As
such, FSF probably does not have copyright interests available to directly
enforce the GPL regarding the primary issue in this case.</dd>
enforce the GPL regarding the primary issue in this case.</p>
</details>
<dt><em>I</em> care about copyleft and the GPL. How can I help?</dt>
<details>
<summary><em>I</em> care about copyleft and the GPL. How can I help?</summary>
<dd>Conservancy needs <a href="#donate-box" class="donate-now">your immediate financial
<p>Conservancy needs <a href="#donate-box" class="donate-now">your immediate financial
support to proceed with this litigation</a>. Litigation costs are
unpredictable, and this lawsuit may take years to resolve. Conservancy is
prepared to fund this case through its conclusion, but we can only do so
@ -661,18 +695,19 @@ enforce the GPL regarding the primary issue in this case.</dd>
donate now. And, if you make a public statement of support, please email the
URL
to <a href="mailto:info@sfconservancy.org">&lt;info@sfconservancy.org&gt;</a>,
as we'd like to include representative selection of supportive statements above.</dd>
as we'd like to include representative selection of supportive statements above.</p>
</details>
<dt>Why is the case in Germany?</dt>
<details>
<summary>Why is the case in Germany?</summary>
<dd>Copyright infringement claims can be brought anywhere that distribution
<p>Copyright infringement claims can be brought anywhere that distribution
of the copyrighted works occur. VMware distributes ESXi throughout the
world, but Germany is close to Christoph's home and his lawyer was
available to do the litigation work there. Finally, historically,
Mr. Jaeger's cases in Germany have usually achieved worldwide compliance on
the products at issue in those cases.</dd>
</dl>
the products at issue in those cases.</p>
</details>
{% endblock %}
<!-- LocalWords: Christoph Hellwig VMware vmkernel Linux's GPLv VMware's

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@ -477,6 +477,7 @@ blockquote, div.quote /* div.quote is used by conservancy whitepaper */ {
min-width: 8%;
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width: auto;
box-shadow: 1px 1px 2px rgba(0,0,0,.3);
}
.picture-small img {
width: 100%;
@ -652,3 +653,32 @@ div.small-right, div.medium-right {
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text-align: center;
}
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font-weight: bold;
padding: 0.5rem 0;
}

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@ -9,6 +9,9 @@
{% block subtitle %}{{ object.headline|striptags|safe }} - Conservancy Blog - {% endblock %}
{% block content %}
<div class="breadcrumbs">
<p><a href="/">Home</a> / <a href="#fixme">News</a> / <a href="/blog/">Blog</a></p>
</div>
{% include "blog/entry_partial.html" with entry=object htag="h2" only %}

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@ -2,6 +2,9 @@
{% block subtitle %}Conservancy Blog - {% endblock %}
{% block content %}
<div class="breadcrumbs">
<p><a href="/">Home</a> / <a href="#fixme">News</a></p>
</div>
<h2><a href="/feeds/blog/" class="feedlink"><img src="/img/feed-icon-14x14.png" alt="[RSS]"/></a> Conservancy Blog{% if author %} &mdash; {{ author.formal_name }}{% endif %}</h2>

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@ -11,6 +11,9 @@
{% block content %}
<div id="mainContent">
<div class="breadcrumbs">
<p><a href="/">Home</a> / <a href="#fixme">News</a></p>
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{% include "news/pressrelease_partial.html" with pressr=object htag="h2" only %}
</div>
{% endblock %}

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@ -10,6 +10,9 @@
</ul>
</div>
<div id="mainContent">
<div class="breadcrumbs">
<p><a href="/">Home</a> / <a href="#fixme">News</a></p>
</div>
<h1><a href="/feeds/news/" class="feedlink"><img src="/img/feed-icon-14x14.png" alt="[RSS]"/></a> Conservancy News</h1>

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@ -6,6 +6,9 @@
{% endblock %}
{% block content %}
<div class="breadcrumbs">
<p><a href="/">Home</a> / <a href="#fixme">Who We Are</a></p>
</div>
<h1>Conservancy's Sponsors &amp; Sustainers</h1>

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@ -10,6 +10,10 @@
{% endblock %}
{% block content %}
<div class="breadcrumbs">
<p><a href="/">Home</a> / <a href="#fixme">Who We Are</a></p>
</div>
<div class="donate-sidebar">
<table style="background-color:#afe478;width:100%;">
<tr><td style="text-align:center;padding:10px;padding-bottom:10px;">