VMware's in court again. Customer relationships rarely go this wrong
- Reference: 1757320211
- News link: https://www.theregister.co.uk/2025/09/08/vmware_in_court_opinion/
- Source link:
"VMware is essential for the operations of Tesco's business and its ability to supply groceries" is a great candidate from 2019.
Broadcom's answer to VMware pricing outrage: You're using it wrong [1]READ MORE
Or it would be, if it wasn't followed by accusations of massive contractual misbehavior threatening the client, and requests for many millions of dollars in damages – and rising. What looks great as marketing blurb [2]isn't so hot on a court filing .
What a filing it is, too. Tesco is the UK's biggest supermarket chain by revenue, with around 40,000 server workloads keeping the ship afloat. Before Broadcom swallowed VMware, Tesco bought perpetual licenses and support that could run to 2030. Broadcom, Tesco claims, is refusing to honor the support contracts until Tesco switches to new licenses. This, it is further claimed, puts the retail giant at risk of being unable to operate.
Thus, Tesco is looking for damages of £100 million and rising from Broadcom, VMware, and the somewhat unfortunate reseller Computacenter. It's hard to feel sorry for a reseller. That's how bad this is.
[3]
Assuming Tesco's claims are true, this is extortion. Running an enterprise on unsupported software, while not exactly unknown, is corporate malpractice. Running unsupported software on which your entire business depends is nigh on suicidal. But who's holding the gun here?
[4]
[5]
Pulling patches, support, and upgrades that you are contractually obliged to provide, while demanding more money for a worse deal, doesn't look like being a good partner. It looks like running a protection racket. It looks like extortion. Nice multibillion business you've got there, man. Shame if anything, y'know, happened to it.
Can we assume Tesco is entirely accurate in its claims? Not until the case is heard, but the circumstantial evidence is there. The affair is in danger of turning into a class action lawsuit. The UK company is joining [6]Siemens and [7]AT&T .
[8]
Perhaps Broadcom has never lost similar cases? Um, [9]no . Perhaps Broadcom is putting up a spirited public defense, rather than blaming its clients for doing it wrong? Um, [10]no . Surely, it couldn't be so crass as to say its new licensing policy is not only blameless but very popular because it's bringing in so much more money, man, rather than [11]1,000-percent-plus price hikes? It [12]is . All these stories are from just three months this year.
As The Register's European editor wearily remarked: "Search the site for Simon and VMware. We've got [13]pages of this stuff . Go. Look."
[14]How Windows 11 is breaking from its bedrock and moving away
[15]Two wrongs don't make a copyright
[16]When hyperscalers can't safeguard one nation's data from another, dark clouds are ahead
[17]Fear of the unknown keeps Broadcom's VMware herd captive. Don't be cowed
It's not hard to guess Broadcom's motivation. Perpetual licenses can be a very bad idea for a vendor unless carefully constructed to be not really perpetual at all – the thing being licensed can cease to be under agreed conditions, for example. You can unilaterally revoke them if your client base is too poor to sue, or you have an off-ramp that doesn't hurt too much. Neither seems to be the case here, in which case you negotiate with the licensees. If you try to strong-arm your clients by removing support, especially contracted support, you are not only acting unethically, to say the least, you are putting both you and your client at tremendous risk. Plus, you look like a gangster betting that a company will cave from fear of the consequences rather than stick it out.
Broadcom's policy seems to accept that. And the bigger the client, the better. Bigger equals more pressure, right? To which the right answer is do you feel lucky, punk? Do you think you'll win in court?
Does Broadcom think there's no real chance of a big client getting crippled because it didn't honor a contract and bad things happened? Better pray that doesn't happen.
[18]
Even if you win, somehow voiding the contracts that were signed in good faith and that so many of your best clients are confident taking to court, then what? Migrations will flock faster than swallows, African or European. If you're reading this, Broadcom, click on that search link above.
Broadcom admits it's sold a lot of shelfware to VMware customers [19]READ MORE
Ask yourself: would you want to trust your company to someone like that? How does someone like that look to the industry? If you didn't answer arrogant, greedy, unethical, untrustworthy, and full of it, why not?
While your respectable, blue-chip, long-established clients are taking you to court because they can find no other responsible way to continue to use your product, consider how many enemies you want to make before it becomes too many. Sure, court cases can be part of hardball negotiation, yet that's not what this looks like.
At some point, this has to stop. Virtualization, even as a deeply embedded framework, is a layer in the stack that can be replaced. The equation of migration is always complicated. It balances risk versus reward, ROI, inertia, future roadmaps, and more. Overarching it all is trust.
When you look in the mirror, Broadcom, what do you see? ®
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[1] https://www.theregister.com/2025/06/20/vmware_price_hikes_excuse/
[2] https://www.theregister.com/2025/09/03/tesco_sues_vmware_broadcom_computacenter/
[3] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/virtualization&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2aL6pNqRR5ifQvEwfL4VFugAAAEk&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/virtualization&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44aL6pNqRR5ifQvEwfL4VFugAAAEk&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[5] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/virtualization&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33aL6pNqRR5ifQvEwfL4VFugAAAEk&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[6] https://www.theregister.com/2025/06/16/vmware_vs_siemens/
[7] https://www.theregister.com/2024/09/05/att_sues_broadcom_vmware_support/
[8] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/virtualization&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44aL6pNqRR5ifQvEwfL4VFugAAAEk&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[9] https://www.theregister.com/2025/06/30/dutch_agency_wins_right_to/
[10] https://www.theregister.com/2025/06/20/vmware_price_hikes_excuse/
[11] https://www.theregister.com/2025/05/22/euro_cloud_body_ecco_says_broadcom_licensing_unfair/
[12] https://www.theregister.com/2025/06/06/broadcom_q2_2025/
[13] https://search.theregister.com/?q=simon+vmware&site=
[14] https://www.theregister.com/2025/08/29/opinion_windows_11/
[15] https://www.theregister.com/2025/08/26/opinion_column_copyright_ads/
[16] https://www.theregister.com/2025/08/04/when_hyperscalers_cant_safeguard_one/
[17] https://www.theregister.com/2025/01/28/opinion_column_software_licensing/
[18] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_software/virtualization&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33aL6pNqRR5ifQvEwfL4VFugAAAEk&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[19] https://www.theregister.com/2025/09/05/broadcom_q3_2025/
[20] https://whitepapers.theregister.com/
All praise be to Trump
They may be relying on the orange wigged occupant of the White House to defend their interests, Trump said that he would "stand up to Countries that attack our incredible American Tech Companies.”
Broadcom can just bung Trump a few Bitcoin (or some other ultimately valueless geegaw token) and he'll be happy to do their bidding.
I know people who have worked for Tesco in the back office (not IT); they are ruthless and not a company that I'd want to tangle with. If someone's running a book then I'd have a flutter on Tesco to come out best, even if they don't win outright.
As for the contract, IANAL but in my experience most contracts contain a continuity clause such that it has to be honoured by any company that buys or acquires it. I'd be very surprised if Tesco''s lawyers didn't have such a clause in a contract which they assumed would apply in perpetuity.
Tesco do not strike me as a company whose lawyers negotiate bad (to Tesco) contracts.
Popcorn futures are looking like a good investment right now
https://www.tesco.com/groceries/en-GB/products/297512245
Get 'em while you can!
Thirty years ago I had a passing acquaintance with Tesco retail IT systems, where the networks and back office systems that supported the tills were all duplicated with automated failover. They were very, very serious about maintaining their ability to trade, and willing to spend to protect it.
I would say that "ruthless" would be a pretty good description of their attitude to anything that got in the way of that ability, so I'm not surprised if their attitude to VMware is similar.
About the same time I had a summer job as a checkout operator with them and they even had plans & procedures for when the tills went offline.
"At some point, this has to stop"
and it will, probably after the 3-5 years that Broadcom management get rewarded for increased revenue and their bonus shares vest.
At which point the gutted VMWare can be sold off to some loser company to support on it's way to extinction.