Will Torvalds Sue VMWare?

Seems VMWare's premier product uses an illegal hack of an unsupported Linux kernel as a bootloader. This issue has been raised before and ignored, but that was then and this is Day IPO+1. Quoting a post from VentureCake:

Is VMware a derived product of Linux? Unless vmkernel can be loaded without the Linux kernel, it would appear so. VMware was developed from another, long ago OS created as a research project, but it’s unclear whether vmkernel was ported from that OS or rewritten as the Linux-requiring binary blob. What’s more of an issue is that VMware had these serious questions posed directly to them a year ago, repeated in a public forum many times since, but have yet to respond at all.

VMWare stock opened today at 52 but dropped quickly to 48, rebounding to a high of 55.5, and closing at 51 -- will VMWare be explosive, like Red Hat, and if so, will they get sued?

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