"The case then went quiet, save for Siemens arguing that its software licenses mean it can move the matter to Germany instead of the US court for the District of Delaware in which VMware brought its case. Siemens also argued that this was a contractual matter, not a copyright claim. On Wednesday, VMware fired back with filings that argue Siemens' interpretation of its software licenses is wrong and the agreements do not allow the case to be heard in Germany, as the defendant has sought."
"The Broadcom business unit launched the case in March, when it alleged that during negotiations over a support contract Siemens provided a list of the VMware software it used. That list, Broadcom alleged, mentioned many more products than Siemens had licensed. In VMware's telling, as negotiations progressed Siemens demanded the virtualization giant support its software - something VMware doesn't do for products sold under perpetual licenses - and didn't address its alleged use of unlicensed software."
VMware, a Broadcom business unit, filed a copyright lawsuit alleging Siemens used a large number of VMware products without purchasing licenses after Siemens provided a list of used software during support-contract negotiations. VMware contends Siemens demanded support for products not covered by perpetual-license support and did not address unlicensed usage, prompting the suit. Siemens sought to move the case to Germany and to treat the dispute as contractual rather than copyright-based. VMware countered that Siemens' license interpretation is incorrect, that the agreements do not permit transfer to Germany, and that the claim is properly a territorial copyright infringement matter.
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