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<h1>Frequently Asked Questions about Christoph Hellwig's VMware Lawsuit</h1>
<p><strong>Update 2019-04-02:</strong> Please
see <a href="https://sfconservancy.org/news/2019/apr/02/vmware-no-appeal/">this
announcement regarding conclusion of the VMware suit in Germany</a>. Since the suit has
concluded, any funds you donate here will support our ongoing compliance efforts. The
remaining material below is left as it was before that announcement:</p>
<p>Conservancy maintains this
<abbr title="Frequently Asked Questions">FAQ</abbr> list regarding
<a href="/news/2015/mar/05/vmware-lawsuit/">Christoph Hellwig's lawsuit against VMware
in Germany over alleged GPL violations on Linux</a> as a service to the
Free Software community, and in particular, the copyleft community. Conservancy
realizes this lawsuit generates many questions and interest
from the community. Legal counsel (both Conservancy's own, and
Christoph's lawyer, Till Jaeger) correctly advise us to limit our public
comments regarding specific details of the case while litigation remains
pending in court. Nevertheless, Conservancy, as a
non-profit charity serving the public good, seeks to be as transparent as
possible. If you have additional questions you'd like to see answered
here, please <a href="mailto:info@sfconservancy.org">email
<info@sfconservancy.org></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>
<dd>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>
<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. 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filings not to be published.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 id="funding">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
Conservancy's program activity in
its <a href="/copyleft-compliance/about.html">GPL Compliance
Project for Linux Developers</a>.</dd>
<dt id="combined-and-derivative-works">Is this the Great Test Case of Combined / Derivative Works?</dt>