0x66: The End of Hellwig vs. VMware

22/04/2019 38 min
0x66: The End of Hellwig vs. VMware

Listen "0x66: The End of Hellwig vs. VMware "

Episode Synopsis








Bradley and Karen discuss the details of the completion
of the lawsuit (which Conservancy supported) between Christoph Hellwig and
VMware in Germany.


Show Notes:

Segment 0 (00:37)


Bradley mentioned the episode of Red Dwarf,
White
Hole, where the characters
are speaking too slowly or two quickly due to time
differentials. (01:30)

Bradley explained that the
Hellwig vs. VMware suit in Germany has concluded. (03:30)

German is a civil law
legal system. (05:15)

Christoph Hellwig announced
on his website that he has decided not to appeal. (07:18)

Bradley did a technical
analysis how much of Christoph's code appeared in the infringing VMware
product. (07:50)

Till Jaeger
was Christoph's lawyer; Till was also the lawyer for Harald Welte's
(currently defunct) gpl-violations.org
project. (09:04)

Segment 1 (09:26)



“Trolling”
refers to being a non-practicing entity. Patrick McHardy is specifically
a practicing entity, since he upstreamed a lot of code in
Linux. (09:50)

Bradley was thinking of the patent troll, Intellectual
Ventures. (10:40)

Bradley that the Eastern
district of Texas hears many patent cases in the USA. (10:50)

Bradley mentioned a This
American Life, Episode 411, which discussed patents. Show
hosts/producers Laura Sydell and Alex Blumberg visit one of those
“empty-but-not” office buildings in the Eastern District of
Texas. (11:18)

Bradley
and Karen wrote about Patrick McHardy's behavior back in July 2016
— Conservancy was the first to talk about it publicly. Bradley
sought to prevent the “compliance industrial complex” from
using knowledge of Patrick's behavior to unduly scare people. (13:10)

Conservancy (with FSF) also published the
Principles of Community-Oriented GPL Enforcement (15:10)

The rest of the Netfilter team,
except for Patrick McHardy, endorsed the
Principles. (16:30)

The VMware suit started 2015-03-05, and began before Patrick McHardy
started his problematic behavior. While the VMware suit was working its
way through the court, McHardy had filed many inappropriate
lawsuits. (18:30)

German court decisions are very rarely published, but thanks to hard
work by everyone involved, the appeal
decision, and the lower
Court's decision (the latter of which was also translated
into English.) (27:30)

Segment 2 (33:01)

In the next episode, Karen will discuss the Kernel Enforcement
Statement Additional Permission, and the Red Hat “Cooperation
Commitment”. (35:40)




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