VMware Merges "vmwgfx_branch" To Master

[jltyper]

I'd be surprised if any such clauses in an EULA are actually legal in any European country, I think they are just void. With regard to the US, that country has unfortunately been taking over by corporate lawyers, it's almost like fascism.

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This is just a bit extreme in regards to kernel module. Linus would never knowingly except fascism. Likely, this possibility has already discussed and analyzed in the kernel team to the maximum extent.

Politics in the US, fluctuates with every generation. Think of it like the Linux kernel, with an unstable ABI. If there really was some kind of corporate take-over, this whole Occupy movement wouldn't even exist.

[ChrisXY]

A benchmark result is not copyrightable, so that requirement can be safely ignored.

That's not the point. The point is that they have this policy.

[AnonymousCoward]

I'd be surprised if any such clauses in an EULA are actually legal in any European country, I think they are just void. With regard to the US, that country has unfortunately been taking over by corporate lawyers, it's almost like fascism.

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[RealNC]

Nah, it's probably gonna be Death Row.

[allquixotic]

I did not sign anything. Also, NDAs fall under a different law; that of trade secrets. A bench result is not a trade secret because it does not belong to VMWare. It belongs to whoever ran the benchmark (if it even belongs to anyone at all.)

Well, if you think that VMware is attempting to impose restrictions that are unenforceable under the law, then go ahead and publish some benchmarks from VMware. Better yet, do so while being a resident of Sunnyvale, California, USA. I'll make sure that you have access to a computer with the Internet and your favorite Linux distribution from your prison cell.

[RealNC]

An NDA limits your civil rights and freedom of speech; by signing it, you surrender your right to speak freely about the subject matter under the NDA. And people have been tried, and convicted, of violating an NDA, and have served jail time and paid fines.

Talking about the USA, yes, but since quite a few people who use VMware happen to live there, it's kind of relevant.

I did not sign anything. Also, NDAs fall under a different law; that of trade secrets. A bench result is not a trade secret because it does not belong to VMWare. It belongs to whoever ran the benchmark (if it even belongs to anyone at all.)

[allquixotic]

I'd like to see a country that allows a license to limit your civil rights and freedom of speech. Is this another USA thing?

An NDA limits your civil rights and freedom of speech; by signing it, you surrender your right to speak freely about the subject matter under the NDA. And people have been tried, and convicted, of violating an NDA, and have served jail time and paid fines.

Talking about the USA, yes, but since quite a few people who use VMware happen to live there, it's kind of relevant.

[RealNC]

That said, if you specifically agree to an End User License Agreement with them in order to use their software, then they can limit you however they want, up to the limits of what's enforceable under contract law in your jurisdiction. So if you live in a jurisdiction where contract law allows the contract to say pretty much anything, then you're really in trouble if you contravene it. It's probably a bit more complicated than that, but IANAL. Just saying: just because an activity isn't a copyright violation, doesn't mean that it can't be illegal.

I'd like to see a country that allows a license to limit your civil rights and freedom of speech. Is this another USA thing?

[allquixotic]

A benchmark result is not copyrightable, so that requirement can be safely ignored. If they complain, you tell them to go **** themselves. If they reply, you tell them that they are not allowed to use any of the letters you used in your first email. Make sure to use all the letters in the alphabet.

That said, if you specifically agree to an End User License Agreement with them in order to use their software, then they can limit you however they want, up to the limits of what's enforceable under contract law in your jurisdiction. So if you live in a jurisdiction where contract law allows the contract to say pretty much anything, then you're really in trouble if you contravene it. It's probably a bit more complicated than that, but IANAL. Just saying: just because an activity isn't a copyright violation, doesn't mean that it can't be illegal.

And AFAIK, it is not possible to boot up any technology based on a VMware Hypervisor without either (a) violating copyright and distributing unauthorized copies, or (b) explicitly accepting a EULA from them (which authorizes you to a copyright license to use the software, but only under their terms).

[RealNC]

vmware is certainly interesting: On the one side very closed source and their no benchmarks publishing policy doesn't make me want to use their software

A benchmark result is not copyrightable, so that requirement can be safely ignored. If they complain, you tell them to go **** themselves. If they reply, you tell them that they are not allowed to use any of the letters you used in your first email, and until they comply you will not be taking their mails into account. Make sure to use all the letters in the alphabet in your first email.