VMware Suit Concludes in Germany

My memory of the original verdict is that the court decided that Cristoph's contribution to the stolen source was not significant enough to give him standing using VmWare's argument that it constituted less than 2% of the total stolen code. And that the court used this standing argument to dismiss the case. The documentation issue was secondary in my memory of the lower court verdict, the decision turned on Vmware's argument about Christoph's code being insignificant in the whole. Maybe the appeal turning on other factors but the original court decision wasn't about how the information was presented IIRC.

The result being that if you still a big enough chunk of FOSS code you can apparently use it in Germany because no individual author will have standing to sue without gettting a large percentage of the code base's authors to step forward.

Vmware should have lost this case, they are using FOSS drivers in their commercial product.