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Institut für Rechtsfragen der Freien und Open Source Software


Hellwig vs VMware – GPL Enforcement Lawsuit in Hamburg District Court

by Florian Idelberger


The Software Freedom Conservancy recently announced that they are supporting a lawsuit against virtualization company VMware in a case of supposed GPL violation. Christoph Hellwig, a developer and thereby copyright holder in the Linux Kernel filed suit in the district court of Hamburg  March. The suit covers VMware’s alleged failure to comply with the terms of the GPL v2 when incorporating the Linux Kernel or other products in its ESXi line of products. Allegations of misuse have been made since 2007 and the investigation dragged on, with attempts for an alternative resolution not getting anywhere. Last year, the Software Freedom Conservancy was apparently informed by VMware’s legal counsel that they did not intend to comply and they actually thought they were in compliance. » Weiter

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