</p>

    <p>If you want to download the diagram, it's available

    in <a href="/linux-compliance/linux-vs-vmkernel_en.svg">SVG

    (English)</a>, <a href="/linux-compliance/linux-vs-vmkernel_en.png">PNG

    (English)</a>, <a href="/linux-compliance/linux-vs-vmkernel_de.svg">SVG

    (German)</a>, and <a href="/linux-compliance/linux-vs-vmkernel_de.png">PNG

    (German)</a>.</p>

  </dd>

  <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>

    <p>The GPL violation at issue involves VMware's ESXi product.

    Conservancy independently reviewed ESXi 5.5 and its incomplete

      <acronym title="complete, corresponding source">CCS</acronym>

    release as part of our GPL enforcement efforts described above.</p>

    <p>Conservancy's preliminary investigation indicated that the operating

    system kernel of VMware ESXi product consists of three key components:

        <ul>

          <li> the proprietary component &ldquo;vmkernel&rdquo;, which is

            released in binary form only,</li>

            <li>the kernel module &ldquo;vmklinux&rdquo;, which contains modified Linux

            <li>other kernel modules with device drivers, most of which are

            modified Linux drivers, and for which (at least some) source code

              is provided.</li>

        </ul>

    <p>Conservancy examined the incomplete CCS alongside the

           in “vmkernel” do make function calls to Linux's kernel code

      in the usual way for a single program written in C.</p></dd>

    <dt>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>

    <dd>

    <p>Many in the media have talked about the possibility that VMware might

    use some so-called “shim layer” between Linux code and

    VMware's proprietary code.  While, for decades, there has been much talk of

    various mechanisms of GPL obligation avoidance, Conservancy believes that

    merely modifying technical details of a combination's construction

    does not typically influence the legal analysis in a combined or

    derivative work scenario.</p>

    <p>Furthermore, the technical details of VMware's alleged GPL violation

    do not even mirror the typical scenarios that have usually been called

    “shim layers”.  Conservancy's analysis of VMware's ESXi

    product, in fact, indicates that VMware rather flagrantly combined Linux

    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>