“A decision in the GPL enforcement case in Germany between Christoph Hellwig (supported by the Software Freedom Conservancy) and VMware recently became public. The court dismissed the case after concluding that Hellwig failed to identify in the VMware product the specific lines of code for which he owned copyright. The GPL interpretation question was not addressed. Hellwig has indicated that he will appeal the courtâ€™s decision.”
See GPL enforcement action in Hellwig v. VMware dismissed, with an appeal expected
“But even if the changelogs were to name the Plaintiff as the most recent adapter, the Defendant has correctly argued that changelogs are not copies of the computer program concerned, so that no presumption of authorship pursuant to Copyright Act Ã‚Â§ 10 can result from them. Nonetheless, any indicative value that might still be assumed would have to be substantiated by the Plaintiff and pleaded in relation to each respective function. The Plaintiff has not done this.”
See Unofficial English Translation Of The Court’s DecisionThe court in Hellwig v VMware has dismissed the case due to lack of specificity in pleading by the plaintiff. This, despite including the entire source code of Linux and the changelogs from the git repository. The court considers that inadequate. An appeal will require a lot more detailed work by Hellwig and/or convincing a higher court that changelogs are sufficient. The court considered them indirect. They wanted line by line evidence, not pointers to the lines. You’d think there would be a script for that…
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My MissionMy observations and opinions about IT are based on 40 years of use in science and technology and lately, in education. I like IT that is fast, cost-effective and reliable. My first use of GNU/Linux in 2001 was so remarkably better than what I had been using, I feel it is important work to share GNU/Linux with the world. Now that I'm retired I still use GNU/Linux on every computer in my home except the smartphones which run Android/Linux.
Lately, I've been giving lots of thought to the world I inherited and which I will leave to my descendants. I'm planting grass, trees, flowers and vegetables in my large lot and I've ordered a Solo EV. I plan to charge my Solo by means of a tracking solar array. Life is good if you have a purpose. I do.