"Last Wednesday, VMware filed new court documents in its case against Siemens. This is the company's response to Siemens' attempts to move the dispute to Germany and have it treated as a purely contractual matter. This is according to The Register. In the new documents, VMware emphasizes that, in its view, the core of the case concerns copyright infringement and that the legal proceedings should therefore remain in the United States."
"The legal battle began in March. During negotiations for a new support contract, Siemens provided an overview of all the VMware software it was using. According to Broadcom, which acquired VMware, the list showed that Siemens was running many more products than it had purchased licenses for. VMware claims that during the same period, Siemens continued to insist on support for this software, even though Broadcom's policy does not allow this for products that were once sold under a perpetual license."
"Siemens then argued that the dispute does not belong in the United States. The company refers to a 2012 Master Software License and Service Agreement with VMware's Irish subsidiary, which, according to Siemens, stipulates that legal disputes must be handled by a court in Munich. Siemens also argues that the disagreement revolves around the interpretation of contract terms and is therefore not a copyright issue."
VMware filed court documents asserting that the dispute with Siemens centers on alleged copyright infringement and should remain in U.S. courts. The conflict began during March negotiations for a new support contract when Siemens provided an overview showing far more VMware products in use than licensed, according to Broadcom. VMware says Siemens continued to request support for products that Broadcom's policy excludes for previously perpetual-licensed items, causing negotiations to stall and prompting a copyright lawsuit. Siemens cites a 2012 Master Software License and Service Agreement pointing to Munich jurisdiction and frames the matter as contractual. VMware rejects that framing and attributes the situation to Siemens' large-scale unlicensed deployments.
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