Christoph Hellwig's case against VMware dismissed

The GPL-infringement case brought against VMware by Christoph Hellwig inGermany has been dismissed by the court; the ruling is available in Germanand English.The decision seems to be based entirely on uncertainty over where hiscopyrights actually lie and not on the infringement claims."Nonetheless, these questions (on which the legal interest of theparties and their counsel presumably focus) can and must remainunanswered. This is because the very first requirement for conducting anexamination, namely that code possibly protected for the Plaintiff as aholder of adapter's copyright has been used in the Defendant's product,cannot be established. " The ruling will beappealed.