https://sfconservancy.org/news/2019/apr/02/vmware-no-appeal/ Today, Christoph Hellwig announced the conclusion of his case against VMware in Germany. The Hamburg Higher Regional Court affirmed the lower court's decision, which dismissed the case on purely procedural grounds; they did not address the main question of the case. Hellwig has decided with his legal counsel, Till Jaeger, and after conferring with Conservancy, to not appeal the case further in German courts. “The subject of the complaint I filed was the question of whether the distribution of the software Hypervisor vSphere VMware ESXi 5.5.0 software is copyright infringement because VMware has no permission to create a derivative work from Linux under the GNU General Public License (GPL)” says Hellwig. Both courts declined to consider that essential question. VMware, in their news item about the decision by the Court, announced that they will finally remove vmklinux from vSphere. Both Hellwig and Conservancy had asked VMware to remove the Linux code from VMware's proprietary kernel many times. While the preferred form of GPL compliance is release of the entire work under the terms of the GPL, a common alternative is to merely remove the GPL'd code from the product. VMware chose the latter method to comply. [...]