Christoph Hellwig's case against VMware dismissed
The GPL-infringement case brought against VMware by Christoph Hellwig in
Germany has been dismissed by the court; the ruling is available in German
and English.
The decision seems to be based entirely on uncertainty over where his
copyrights actually lie and not on the infringement claims.
"Nonetheless, these questions (on which the legal interest of the
parties and their counsel presumably focus) can and must remain
unanswered. This is because the very first requirement for conducting an
examination, namely that code possibly protected for the Plaintiff as a
holder of adapter’s copyright has been used in the Defendant’s product,
cannot be established. " The ruling will be
appealed.