Changeset - c87d37688f50
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Bradley Kuhn (bkuhn) - 8 years ago 2016-08-09 13:12:34
bkuhn@ebb.org
Update FAQ entries from material from appeal.
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www/conservancy/static/copyleft-compliance/vmware-lawsuit-faq.html
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@@ -565,12 +565,40 @@ at <code>bin/vmtar</code> inside
 
  <p>Note that VMware may present you with <abbr title="End User Licensing Agreement">EULA</abbr>s and <abbr title="Terms of Service">ToS</abbr> when you download
 
  software from VMware's website.  Conservancy strongly suggests that you review these
 
  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>
 

	
 
<dt id="similarity-analysis">How do you know Christoph's code is present in
 
  VMware's work?</dt>
 

	
 
<dd>Conservancy
 
published <a href="/linux-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>
 

	
 
<dt id="appeal">I heard that Christoph's case was dismissed.  Is that
 
  true?</dt>
 

	
 
  <dd>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
 
    Christoph's contributions that appear in VMware's product.
 
    In <a href="http://bombadil.infradead.org/~hch/vmware/2016-08-09.html">a
 
    statement on his website</a>, Christoph Hellwig announced that he will
 
    appeal the ruling. Christoph also published
 
    (in <a href="http://bombadil.infradead.org/~hch/vmware/Urteil_2016-07-08.pdf">German</a>
 
    and <a href="http://bombadil.infradead.org/~hch/vmware/Judgment_2016-07-08.pdf">English)
 
    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
 
    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>
 
        <li><a href="https://fsf.org/news/conservancy-and-christoph-hellwig-gpl-enforcement-lawsuit">Free
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