Linux Kernel Developer Sues VMware Over GPL Compliance

A Linux kernel developer has initiated a lawsuit against VMware in Germany, after the company allegedly refused to publish code containing Linux components licensed under the GNU Public Licence (GPL) v2.

The licence, like other open source licences, requires the source code of works derived from software covered by it to be made publicly available for the use of other developers.

Christoph Hellwig, who holds copyrights on some of the Linux components allegedly used by VMware, is to file the lawsuit in the district court of Hamburg. The action, which is funded by the Software Freedom Conservancy, a New York State-based non-profit that supports open source software projects, follows several years of negotiations with VMware, the organisation said.

“This is the regretful but necessary next step in both Hellwig and Conservancy’s ongoing effort to convince VMware to comply properly with the terms of the GNU General Public License version 2 (GPLv2),” the Conservancy stated.

Hellwig alleges that VMware’s ESXi line of virtualisation products combine open source elements, including those covered by his copyrights, with a component called the vmkernel, which, if true, would oblige VMware to publish vmkernel’s source code.

The Conservancy is funding Hellwig’s case through a grant, and said it is accepting donations to help pay the case’s legal expenses.

‘Without merit’

VMware said it believes the case is “without merit”.

“VMware embraces, participates in and is committed to the open source community,” the company said in a statement. “We believe we will prevail on all issues through the judicial process in Germany.”

The Conservancy alleges that the vmklinux module used in ESXi, which contains the Linux emulation layer used by VMware’s own proprietary vmkernel, includes elements covered by PLv2; specifically, this module’s SCSI subsystem and Radix tree allegedly include elements copyrighted by Hellwig.

The organisation also alleges that VMware has not fully complied with its GPLv2 obligations with regard to BusyBox, a set of Unix utilities included with ESXi.

Hellwig’s lawyer in the case, Till Jaeger of JBB Rechtsanwälte, has filed several previous lawsuits regarding GPL violations and his successes in Germany have in the past resulted in worldwide compliance, the Conservancy said.

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