The Linux source code is at the center of a cause once again, but this time, there is no shadow troll patent involved. The debate is on VMware (VMW), which has been accused Germany of problems using open source code.The origins of the case back to 2007, when Christoph Hellwig, a developer of the Linux kernel, argues first that VMware has violated provisions of the copyright associated with the GNU Public License, which governs the code of the Linux kernel and most of the other projects open source software. The complaints concern the kernel Linux with VMware as a key element of its ESX virtualization platform (and, later, the products that have successfully ESXi ESX), without publicly release the source code for the platform.
Hellwig was supported by the Software Freedom Conservancy, which they advanced further allegations against VMware since 2011, when it is determined that the company illegally used in the source code of BusyBox, a set of open source tools that are packaged in As part of VMware virtualization products. Conservation finance the ongoing trial against VMware.
In their words, "Conservation and especially the state Hellwig VMware combined Linux code copyright under the GPLv2 license, with its own proprietary code named" vmkernel "and distributed the entire combined work without providing or provide complete source code for this combined work conditions of the GPLv2. Hellwig owns the copyright in the Linux extended portions VMware misappropriation and used together in a single new job without authorization. "VMware has released a statement on the case, which is based in Hamburg, Germany, the journalists who read, "We believe that the case is without merit. VMware embraces participates, and is committed to the open-source community. We believe it will prevail on all issues through legal proceedings in Germany. "
Like most legal cases involving open source software, it is likely to be long and complicated. But it is worth looking at, because it is to establish important precedents to support the protections of the GPL, which requires developers that use GPL code to make the source code of a software derived available to the public. This is a clause that is difficult to apply because it is difficult to prove that someone has used open source code in a project, if he or she refuses to make the code available for project control.
VMware will show us the code? Time will tell.
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