Unfortunately, this will come down to who has the better resources with regard to the legal costs involved. If VMware decides to really fight this in court, the

Unfortunately, this will come down to who has the better resources with regard to the legal costs involved. If VMware decides to really fight this in court, they may prevail, regardless of truth. IBM had an army of lawyers that were able to fight of the SCO case regarding Linux code coming from AIX. I don't know how great the resources that the Software Freedom Conservancy has.