Bonum Certa Men Certa

VMWare GPL case: Linux Foundation reneged on Conservancy funding

posted by Roy Schestowitz on Apr 04, 2024

[Article 2 years old]

Reprinted with permission from the Free Software Fellowship.

Bounced cheque, Linux foundation, conservancy, GPL, vmware

The leaked email below may be a bit old but it reveals the consequences suffered by Conservancy when they began the VMware GPL lawsuit.

The key point is that a sponsor canceled a donation after signing documentation. It is believed to be Linux Foundation.

In one case, a major donation was outright canceled after we'd already received commitment documentation from the funder. The funder told us they specifically reneged due to the VMware lawsuit.

The Register already reported on a leaked copy of the email but they didn't mention that a sponsor had reneged on a signed agreement.

Karen Sandler nominated in the Linux Foundation elections and Linux Foundation responded by removing the independent membership class, effectively expelling Sandler and all other private members in one go.

That expulsion looks a lot like the membership frauds committed by Matthias Kirschner in the FSFE. █

Date: Wed, 25 Nov 2015 09:24:22 -0800
From: "Bradley M. Kuhn" <bkuhn@sfconservancy.org>
Subject: Our fundraiser & the potential for "hibernation" of GPL enforcement.

You may have seen that Conservancy launched its annual fundraiser yesterday: https://sfconservancy.org/news/2015/nov/23/2015fundraiser/ The details of our appeal are here: https://sfconservancy.org/supporter/

You may be wondering what it means to "hibernate" GPL enforcement. I explain below what is happening.

As most of you know, we announced funding for the ground-breaking VMware lawsuit in March. That lawsuit is the first in history specifically considering the combined/derived work issue under copyright law and its interaction with strong copyleft. While there are no guarantees in litigation, we remain confident that the Courts in Germany will adjudicate the GPL positively. However, it *will* be a while before the suit is decided. We've set aside the funding we raised earlier in 2015 specifically for that lawsuit. Both organizationally -- and personally for me and Karen -- we plan to stick with Christoph to the end and to fund and guide the lawsuit to its conclusion.

However, the VMware lawsuit has not been without consequences for us. Companies have withdrawn funding from Conservancy, and a few industry insiders are actively working to discredit Conservancy and GPL enforcement generally; they're encouraging larger donors not to contribute. In one case, a major donation was outright canceled after we'd already received commitment documentation from the funder. The funder told us they specifically reneged due to the VMware lawsuit.

In short, looking at our 2016 budget, we cannot continue other GPL enforcement without substantially more funding. Karen and I pored over the numbers; we built the fundraiser around the needs in that budget.

I know that many of you have a specific GPL violation that you want us to do something about and we want to be responsive. But we need resources to proceed. Indeed, Karen and I have a large, strategic plan of how to resolve the proprietary LKM issues and other threats to strong copyleft, but it won't be easy and it will take time and resources.

Thus, we need a mandate from the community in two directions. First, we need resilient funding that's only available from lots of small, individual donors. Large donations, particularly from for-profit companies, are just too fickle and capricious. Second, with a Supporter base of 2,500 individuals, we have a public mandate that allows us to show violators that not only all of you -- as an enforcement coalition of copyright holders -- support what we do, but a large constituency who don't necessarily hold copyright want to see us enforce your copyrights to benefit the public good and software freedom.

Finally, we ask for your assistance in two directions. First, we ask each of you to consider becoming a Supporter at https://sfconservancy.org/supporters/. Second, and more importantly, we ask that you publicly talk on social media over the next two months (and beyond, if you like) about why you're part of an license enforcement coalition at Conservancy and ask your friends and colleagues to become Supporters so we can effectively do the work to defend copyleft via your copyrights. We ask in particular that those of you who have hitherto been anonymous members of these coalitions consider whether you're ready to come forward publicly now.

Thank you again for sticking with us, and Karen and I are both happy to discuss any questions here on these lists or privately with you.

--
Bradley M. Kuhn
President & Distinguished Technologist of Software Freedom Conservancy

Other Recent Techrights' Posts

81% Voted in Favour of EPO Strikes Until End of This Year
Who's in the line of succession at EPO?
 
Gemini Links 20/10/2026: The Brothers Who Fought Mussolini and a Dying Main Laptop
Links for the day
Brett Wilson LLP Has Almost Zero Litigation Clients This Year (in the Area They Specialise in)
The silence on the financial front, combined with the lack of new clients, is deafening
Where to Celebrate the 20-Year Anniversary
let us know in IRC
Cheapening of the Workforce at IBM and Microsoft, Typically Without Even Announcing Any Layoffs
from leadership to compelled "retirement"
Help Us Improve Techrights
The site relies on teamwork in a growing community; even readers are part of it
Links 20/10/2026: $100 Million ICE “Intelligence” Program and France Riots
Links for the day
Gemini Links 20/10/2026: GAFAM GCP Outage in the UK and New Oddμ Release
Links for the day
Articles in The Register MS Composed by Employees of the Companies They're About
The Register MS is the place to be
Intercontinental Brigading - Part IX - Swatting is Not Funny, Swatting is a Murder Attempt
“Swatting is not harmless. It is a serious crime that can lead to dangerous situations and divert law enforcement away from someone facing an actual emergency. What callers may believe to be a ‘joke’ actually risks the public safety of our communities and can carry lifelong consequences for those responsible”
Links 20/10/2026: Facebook Scraping and Plagiarising News Sites, Copyright Act Turns 50
Links for the day
Microsoft's XBox Leadership and Strategy is Slop
XBox sales are already worst in the entire history of XBox
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 19, 2026
IRC logs for Monday, October 19, 2026
Gemini Links 20/10/2026: Old Movies, Bandera Hike, and Mongolian
Links for the day
Techrights Search One Year Later
This year, as we turn 20 in just over 2 weeks, we'll have more surprises and enhancements
EPO Strikes Will Carry on Until End of This Year (as We Predicted), Will Likely Continue Next Year/s
Do we still have media in Europe?
'Cocaine King' Campinos Doesn't Have Sufficient Votes to Carry On Unchallenged, But He Has 2 More Months to Bribe Voters With 'Cooperation Money'
In any democratic, functioning institution they would not even ask if he can continue another term; he would be summarily sacked and investigated over the corruption, the cocaine, the racism and so on
Media 'Blackout' About Microsoft-Danfoss Connection After Almost 1,000 Supermarkets in France Get Cracked, Huge Amount of Food Destroyed
someone deployed malware to fridges
Today The Register MS Published "SPONSORED POST" Paid for by the Communist Party of China, It Mentions "AI" 19 Times
The Register MS is a marketing company
In Late October 2025 Spouse of Matthew Garrett Said He Had Them Raped and Broke Legs of Puppies, This Week Says He "Doesn’t Know How to Use Computers or Power Tools" (He Studied Genetics, Not Computers)
Harvey Weinstein did the same
Microsoft is Paying Many Workers to Leave the Company This Year, Just Don't Call it "Layoffs"
in some cases Microsoft pays people to leave while calling it "voluntary"
Gemini Links 19/10/2026: Orchids, Reducing GAFAM Reliance, and Deploying on OpenBSD
Links for the day
Links 19/10/2026: Intense Protests in France and "Zelenskyy Says Russia Seeking Blackout In Ukraine"
Links for the day
Intercontinental Brigading - Part VIII - How We Convinced British Police That the Americans Were Just Manipulating and Tricking Them at the Expense of British Taxpayers
Their job is to protect communities, not the feelings of Americans who threaten violence
IBM CEO Boasts to the Media About "AI" Momentum While Sacking His Workers Who Worked On It
Recently, IBM took a bailout and got rid of many workers
Corrupt Media Benefits Corrupt Officials (the Case of IBM)
IBM’s Pre-Earnings Publicity Blitz
Links 19/10/2026: "Investors Disturbed by Anthropic's Financial Data" and "The "Dead Internet" Is Here" (Slop and Bots Running on Huge Debt)
Links for the day
Gemini Links 19/10/2026: ICEYE/SAR, Smol Servers, and Starting an Open Access Journal
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 18, 2026
IRC logs for Sunday, October 18, 2026
Gemini Links 18/10/2026: Hobbies, RAM Prices, and Avoiding GAFAM
Links for the day
Intercontinental Brigading - Part VII - Weekend Abuse Reported to British Police (Rogue Actors Take No Breaks)
Some time in the next few days I'll share an elaborate report
Gemini Links 18/10/2026: Hospitals, Literature, Fixed IP Addresses, and Sunday Types
Links for the day
Links 18/10/2026: Brazil Reduces Deforestation, Some 4-5 Gray's Inn Square Scandals in Insolvency Petition of Reform UK
Links for the day
UbuntuBuzz is LLM Slop
Tragic
"Assisted by NSA" and "It's Just a Tool" (So Fine!)
Free software is meant to be produced by people who value and pursue Software Freedom
Slop is "just a hobby, won't be big and professional like GNU."
What Torvalds says about "hey hi" ("AI") does not prove he is in charge
Gemini Links 18/10/2026: Movies, Greenland, and Detectors of Slop Plagiarism
Links for the day
Links 18/10/2026: TikTok Censors Criticism of MElon, "Trump’s Latest Attempt to Be the King", and "Big Tech Oligarchs Have a Terrible Plan for Humanity"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 17, 2026
IRC logs for Saturday, October 17, 2026