Report to Court
I am not in any way legally involved in the lawsuit. However, as a fellow (former) Linux kernel developer myself, and a long-term Free Software community member who strongly believes in the copyleft model, I of course am very interested in this case - and of course in an outcome in favor of the plaintiff. Nevertheless, the below report tries to provide an un-biased account of what happened at the hearing today, and does not contain my own opinions on the matter. I can always write another blog post about that :)
I blogged about this case before briefly, and there is a lot of information publicly discussed about the case, including the information published by the Software Freedom Conservancy (see the link above, the announcement and the associated FAQ.
Still, let's quickly summarize the facts:
- VMware is using parts of the Linux kernel in their proprietary ESXi product, including the entire SCSI mid-layer, USB support, radix tree and many, many device drivers.
- as is generally known, Linux is licensed under GNU GPLv2, a copyleft-style license.
- VMware has modified all the code they took from the Linux kernel and integrated them into something they call vmklinux.
- VMware has modified their proprietary virtualization OS kernel vmkernel with specific API/symbol to interact with vmklinux
- at least in earlier versions of ESXi, virtually any block device access has to go through vmklinux and thus the portions of Linux they took
- vmklinux and vmkernel are dynamically linked object files that are linked together at run-time
- the Linux code they took runs in the same execution context (address space, stack, control flow) like the vmkernel.
Ok, now enter the court hearing of today.
Christoph Hellwig was represented by his two German Lawyers, Dr. Till Jaeger and Dr. Miriam Ballhausen. VMware was represented by three German lawyers lead by Matthias Koch, as well as a US attorney, Michael Jacobs (by means of two simultaneous interpreters). There were also several members of the in-house US legal team of VMware present, but not formally representing the defendant in court.
As is unusual for copyright disputes, there was quite some audience following the court. Next to the VMware entourage, there were also a couple of fellow Linux kernel developers as well as some German IT press representatives following the hearing.