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[Direct download of cast in MP3 format]

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,


    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


. (07:50)

Till Jaeger

was Christoph's lawyer; Till was also the lawyer for Harald Welte's

(currently defunct)

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


. (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)


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


The rest of the Netfilter team,

except for Patrick McHardy

, endorsed the


. (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)

Send feedback and comments on the cast

to <[email protected]>.

You can keep in touch with Free as in Freedom

by following Conservancy on

on Twitter and and FaiF on Twitter. We are working on setting up a group chat again, too!

Free as in Freedom is produced by Dan Lynch



music written and performed

by Mike Tarantino

with Charlie Paxson on drums.

Creative Commons License

The content

of this

audcast, and the accompanying show notes and music are licensed

under the Creative

Commons Attribution-Share-Alike 4.0 license (CC BY-SA 4.0).

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