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www/conservancy/static/copyleft-compliance/vmware-lawsuit-faq.html
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{% extends "base_compliance.html" %}
 
{% block subtitle %}Copyleft Compliance Projects - {% endblock %}
 
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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
 
  &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>
 

	
 
  <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>