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Application virtualisation meaning

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What does Application virtualisation mean?
In legal practice, application virtualisation describes delivering and running a software application in an isolated “package” on a host device or from a central server, without installing it conventionally or virtualising the full operating system. It is a forerunner to containerisation and remains common in legacy and managed desktop environments. The term is not defined in UK or Irish legislation or case law; it is a descriptive technology concept used across IT, outsourcing, software licensing and data protection contexts. Usage and meaning are broadly consistent in England and Wales, Scotland, Northern Ireland and Ireland. Key legal issues include: whether the software licence expressly permits virtualisation, streaming or layering; licence metrics (per device, per user, concurrent use) and their application to virtual instances and thin clients; audit and technical controls; use by affiliates, contractors and in bring-your-own-device programmes; location of processing and logging for UK/EU GDPR compliance; security obligations where sandboxing/isolation is relied upon; support, patching and compatibility commitments; and disaster recovery and business continuity rights. Contracts should define the deployment model (on-premises, VDI/DaaS, hybrid), clarify sublicensing and indirect access, and address performance and uptime where applications are centrally hosted. Care is needed where vendor terms restrict virtualising or “repackaging” software.
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View the related Practice Notes about Application virtualisation

PRACTICE NOTES
EU merger control: Broadcom/VMware (M.10806) cleared with interoperability commitments addressing FC HBA foreclosure; decision summary, remedies and timeline; appeal pending before the General Court

CASE HUB Note—appeal lodged before the General Court in Case T- 503/25 ARCHIVED — this case hub records the position as at the decision of 12 July 2023 and is no longer being maintained. See further, timeline. Case facts Outline European Commission merger review of Broadcom’s proposed acquisition of VMware (M.10806). The transaction entails horizontal overlaps in the supply of network interface cards, fibre channel host-bus adapters and storage adapters. Latest developments On 12 July 2023, the Commission cleared the deal subject to commitments. The Commission was concerned Broadcom would have the ability and incentive to foreclose Marvell, the sole rival in the market for FC HBAs, by limiting or degrading interoperability between VMware’s server virtualisation software and Marvell’s hardware. To address these issues, Broadcom offered: guaranteed access to the interoperability application programming interfaces, as well as the materials, tools and technical support required for developing and certifying third-party FC HBAs; a commitment to ensure interoperability with VMware’s server virtualisation software,...

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