The Problem with Silence...
It's understandable and sensible that a company would tell its developers and support staff to not engage in legal arguments on blogs.
However, this is has been an open question for some time now that goes back to the ESX 2.x days. If VMware is going to go public, make a BILLION dollars, and subject its shareholders to potential risk about their flagship product that brings in that BILLION dollars, that is indeed irresponsible and I'm more than a little surprised that no one from Wall Street is asking for a public response on this issue.
This could be considered a form of "cooking the books" if there's any merit behind it. The REASONABLE and RESPONSIBLE things to do is for VMware to respond so we can decide for ourselves. If there is indeed "nothing to see here," then GREAT! lets agree and move on. Not responding is the equivalent of Alberto Gonzales stating "he couldn't recall" a few dozen times in front of the Senate. No one's buying this.
As for the FSF, WTF? Why aren't you pressing this? What exactly do the FSF guys do other than go online and whine about OSS religion? This is a PERFECT EXAMPLE of what the FSF should be investigating.
We need to get to the bottom of this.