""What's the point of the GPL if you're never going to enforce it?" Perens asked".
There's even less point if you abandon talks in favour of hasty and ill-conceived litigation that you have little chance of winning and then go on to lose that case because it's misguided efforts like that which really helps to erode GPL licensing.
Congratulations on the supreme own goal, Software Freedom Conservancy. There are times when it's actually better to live with a bit of ambiguity rather than have a definite negative result which is what happened in this VMware case.