@@ -171,24 +171,33 @@ Code, and for which (at least some) source code is provided.
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 “vmkernel” in a tightly coupled manner.</p>
</dd>
<dt id="shim-meaningless">Wait, is Conservancy proposing that a
“shim” layer is a viable solution for VMware to comply with
GPL?</dt>
<dd>No, in fact, as we say above, Conservancy doesn't think the
phrase 'shim layer' has any meaning, despite its regular use in the
media.</dd>
<dt>Can you give a <em>specific</em> example, with code, showing how
VMware combined Linux source code with their binary-only components?</dt>
<dd><p>There are numerous examples available that show this. The
details of alleged infringement specifically relating to Hellwig's
contributions to Linux are of course the main matter of the
allegations in the litigation, and Conservancy
released <a href="#diagram">the diagram above</a> to exemplify that
issue. Conservancy continues to <a href="#court-documents">hope VMware will
agree to make public all court documents</a> as a matter of public
good, since the court documents discuss the specifics of alleged
infringement on Hellwig's copyrights.</p>