[mikekchar]

As much as I agree with you, I think it is unlikely to be cleared up to any great extent. In my mind, the main question of whether or not VMware is in violation of the GPL rests pretty squarely on whether or not it is a derived work. That definition, in a legal sense (AFAICT -- I'm not a lawyer) is intentionally vague. Potential violations in this sense will almost certainly have to be tested on a case by case basis. Which is frustrating for everyone.

Like you, I hope for a speedy resolution of the VMware situation, but I'm not so confident that such a resolution will shine much light on similar issues in the future.