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Bradley Kuhn (bkuhn) - 6 years ago 2015-11-29 20:03:58
Additional facts from in 2015-10-28 announcement.

The news announcement posted on Conservancy's site on 2015-10-28 at:

had additional facts. This commit incorporates those into the FAQ.

Additionally, a link to additional technical materials was also provided
that day.
1 file changed with 41 insertions and 2 deletions:
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@@ -33,13 +33,16 @@
  <dt id="court-documents">Are the court documents released?</dt>

  <dd>Not currently.  Court proceedings are not public by default in Germany
  (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  filings not to be published.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>

  <dd>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
@@ -110,12 +113,43 @@

 <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>

  <dt>What are VMware's primary defenses for their alleged copyright

  <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 &ldquo;interoperability module&rdquo; 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 &ldquo;communicate over an interface&rdquo;,
  rather they run in the same process as a single computer program.  Thus,
  VMK API, as used by vmklinux, is not an &ldquo;interface&rdquo; as set
  forth in
  the <a href="">EU
      Directive 2009/24/EC</a>.</dd>

  <dt>Can you explain further how VMware incorporated code from Linux into
  their kernel?</dt>

  <p id="diagram">
    Conservancy prepared this diagram to show the technical situation as we
@@ -438,13 +472,18 @@ static struct pci_driver tg3_driver = {
<dd><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
    <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=";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>

<li>Visit <a href=""></a>.</li>

<li>Click the &ldquo;Download&rdquo; button beside the text that reads
&ldquo;Open Source Code for VMware vSphere ESXi 5.5 Update 2&rdquo;.</li>
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