VMware May Violate Linux Copyrights
Apparently the argument goes as follows:
>> 1) A Linux kernel is used to boot the VMWare kernel.
Yes, through a binary blob loaded by a driver, that does not run on any kernel other than Linux.
>> 2) This makes the VMWare kernel a "derived work."
According to Linux logic, and Christoph Hellwig, yes.
>> 3) The Linux kernel source used to boot the VMWare kernel is not available.
Er no. You made that up. The article doesn't say that anywhere.
The issue is that the source for vmkernel is not available.
>> 4) Therefore we can't tell if the VMWare kernel is a "derived work" or not.
Er no. You made that up too. The article doesn't say that anywhere.
The vmkernel would be considered derived unless it has been ported from another Operating System (proving it does no requite Linux to function). VMware could prove this without giving away the code.
>> 5) And if the Linux kernel source for the kernel used to boot the VMWare kernel is not available, it's a violation of the GPL on its own.
Er no. You made that up again. The article doesn't say that anywhere.
The source for the Linux kernel used to start VMware is available from the VMware website. The source for vmkernel is not.
If you need to lie to prove your point, you clearly don't have one.