The VMware GPL case

My absence from blogging meant that I didn't really publicly comment on the continued GPL violations by VMware, and the 2015 legal case that well-known kernel developer Christoph Hellwig has brought forward against VMware.

The most recent update by the Software Freedom Conservancy on the VMware GPL case can be found at

In case anyone ever doubted: I of course join the ranks of the long list of Linux developers and other stakeholders that consider VMware's behavior completely unacceptable, if not outrageous.

For many years they have been linking modified Linux kernel device drivers and entire kernel subsystems into their proprietary vmkernel software (part of ESXi). As an excuse, they have added a thin shim layer under GPLv2 which they call vmklinux. And to make all of this work, they had to add lots of vmklinux specific API to the proprietary vmkernel. All the code runs as one program, in one address space, in the same thread of execution. So basically, it is at the level of the closest possible form of integration between two pieces of code: Function calls within the same thread/process.

In order to make all this work, they had to modify their vmkernel, implement vmklinux and also heavily modify the code they took from Linux in the first place. So the drivers are not usable with mainline linux anymore, and vmklinux is not usable without vmkernel either.

If all the above is not a clear indication that multiple pieces of code form one work/program (and subsequently must be licensed under GNU GPLv2), what should ever be considered that?

To me, it is probably one of the strongest cases one can find about the question of derivative works and the GPL(v2). Of course, all my ramblings have no significance in a court, and the judge may rule based on reports of questionable technical experts. But I'm convinced if the court was well-informed and understood the actual situation here, it would have to rule in favor of Christoph Hellwig and the GPL.

What I really don't get is why VMware puts up the strongest possible defense one can imagine. Not only did they not back down in lengthy out-of-court negotiations with the Software Freedom Conservancy, but also do they defend themselves strongly against the claims in court.

In my many years of doing GPL enforcement, I've rarely seen such a dedication and strong opposition. This shows the true nature of VMware as a malicious, unfair entity that gives a damn sh*t about other peoples' copyright, the Free Software community and its code of conduct as a whole, and the Linux kernel developers in particular.

So let's hope they waste a lot of money in their legal defense, get a sufficient amount of negative PR out of this to the point of tainting their image, and finally obtain a ruling upholding the GPL.

All the best to Christoph and the Conservancy in fighting this fight. For those readers that want to help their cause, I believe they are looking for more supporter donations.