Emilia Romagna Linux Users Group

[ThEgAmEr]

---------- Forwarded message ----------
From: Karen M. Sandler <karen@xxxxxx.xyz>
Date: Tue, Aug 9, 2016 at 5:32 PM
Subject: Christoph Appeals VMware Evidentiary Set Back & we need your help!
To: Savino Sasso <xthegamerx@xxxxxx.xyz>


Become a Conservancy Supporter to help us continuing fighting for the GPL:
https://sfconservancy.org/supporter/#annual
Hi,

A year and a half ago we announced that Christoph Hellwig sued VMware because
they violated the GPL and refused to come into compliance. We'd discovered
that VMware combined copyrighted Linux code with their own proprietary code
and distributed the entire combined work without providing or offering
complete, corresponding source code for that combined work under terms of the
GPLv2. After years of fruitless negotiations with VMware to achieve
compliance, Christoph decided to seek resolution in the German courts. At
that time, we asked you to stand up for the GPL, and you had our back. We
met our fundraising goals necessary to fund the case to conclusion in the
lower court.

Today, we bring the frustrating news that the lower court ruled on procedural
points to dismiss the case. The ruling discussed only evidence questions
under German law, and did not get to any analysis on the merits.

Many important causes throughout history succeeded because of adjudication on
appeal. The cause of software freedom, and the strategy of strong copyleft
that pursues it, requires similar adjudication. Appeals are often necessary
to ultimately achieve a correct Court decision. Today Christoph has announced
that he will appeal this dismissal. There are more details are here:
https://sfconservancy.org/news/2015/mar/05/vmware-lawsuit/

Christoph has published the decision, which contains summaries of both
Christoph's and VMware's arguments.

Of course, pursuing legal action is always expensive. You came through when
we needed your help in the past. Now we ask you to renew and, if you can,
increase your commitment in an ongoing way to this fight. Please become a
Conservancy Supporter today to help us defend software freedom through this
appeal and other enforcement efforts worldwide. While we have over a thousand
people standing with us, we still need 828 more Supporters to avoid
hibernating our license enforcement efforts. You can join as a supporter
here: https://sfconservancy.org/supporter/#annual

Please also help us spread the word. We're a very small charity, taking on
this important battle and without any dedicated public relations or
fundraising staff. With your help, we can continue to keep making the impact
of a much larger organization.

Most importantly, thank you for all of your support, we could not have gotten
to this point without you.

karen
--
Karen M. Sandler
Executive Director, Software Freedom Conservancy
__________
Become a Supporter today! http://sfconservancy.org/supporter/