Software Freedom Conservancy Announces End to VMware Lawsuit
VMware agrees to remove the offending code in a future release.
Linux developer Christoph Hellwig has announced that he is discontinuing his lawsuit against VMware for non-compliance with the terms of the GPL. Hellwig and the Software Freedom Conservancy accused VMware of including GPLed code associated with vmklinux into VMware’s proprietary vSphere product. A German appeals court dismissed the case on February 28. Hellwig and the Software Freedom Conservancy have decided they will not appeal the case further in German courts.
The judge appears to have decided the case on procedural grounds without taking on the larger questions related to the GPL and the power of the copyleft protection. The questions hinged around whether the plaintiffs had successfully proven that the code was present in VMware’s code base and that the use of the code was non-compliant. VMware maintains that the vmklinux code is a separate component that does not force release of vSphere under the copyleft requirement.
Software Freedom Conservancy executive director Karen Sandler expressed disappointment, “VMware knew what they were doing was wrong but continued to generate revenue by infringing copyrights in Linux, while slowly working toward non-infringement.”
The Free Software community has always been more focused on achieving compliance than on punishment or punitive damages. By that standard, the case appears to have succeeded despite the outcome. Vmware announced that it will remove vmklinux from vSphere and hopes to accomplish this “...in an upcoming major release.”
Subscribe to our Linux Newsletters
Find Linux and Open Source Jobs
Subscribe to our ADMIN Newsletters
Support Our Work
Linux Magazine content is made possible with support from readers like you. Please consider contributing when you’ve found an article to be beneficial.
News
-
openSUSE Joins End of 10
openSUSE has decided to not only join the End of 10 movement but it also will no longer support the Deepin Desktop Environment.
-
New Version of Flatpak Released
Flatpak 1.16.1 is now available as the latest, stable version with various improvements.
-
IBM Announces Powerhouse Linux Server
IBM has unleashed a seriously powerful Linux server with the LinuxONE Emperor 5.
-
Plasma Ends LTS Releases
The KDE Plasma development team is doing away with the LTS releases for a good reason.
-
Arch Linux Available for Windows Subsystem for Linux
If you've ever wanted to use a rolling release distribution with WSL, now's your chance.
-
System76 Releases COSMIC Alpha 7
With scores of bug fixes and a really cool workspaces feature, COSMIC is looking to soon migrate from alpha to beta.
-
OpenMandriva Lx 6.0 Available for Installation
The latest release of OpenMandriva has arrived with a new kernel, an updated Plasma desktop, and a server edition.
-
TrueNAS 25.04 Arrives with Thousands of Changes
One of the most popular Linux-based NAS solutions has rolled out the latest edition, based on Ubuntu 25.04.
-
Fedora 42 Available with Two New Spins
The latest release from the Fedora Project includes the usual updates, a new kernel, an official KDE Plasma spin, and a new System76 spin.
-
So Long, ArcoLinux
The ArcoLinux distribution is the latest Linux distribution to shut down.