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Bruce Perens Warns Grsecurity Breaches the Linux Kernel's GPL License (perens.com)
Bruce Perens co-founded the Open Source Initiative with Eric Raymond. Now he's sharing a "strong opinion" that companies should avoid the Grsecurity security patch for the Linux kernel "because it presents a contributory infringement and breach of contract risk." Slashdot reader NewGnu shared Bruce's comments:
[I]t would fail a fair-use test... Because of its strongly derivative nature of the kernel, it must be under the GPL version 2 license, or a license compatible with the GPL and with terms no more restrictive than the GPL. Earlier versions were distributed under GPL version 2... My understanding from several reliable sources is that customers are verbally or otherwise warned that if they redistribute the Grsecurity patch, as would be their right under the GPL, that they will be assessed a penalty: they will no longer be allowed to be customers, and will not be granted access to any further versions of Grsecurity. GPL version 2 section 6 explicitly prohibits the addition of terms such as this redistribution prohibition...
This is tantamount to the addition of a term to the GPL prohibiting distribution or creating a penalty for distribution. GPL section 6 specifically prohibits any addition of terms. Thus, the GPL license, which allows Grsecurity to create its derivative work of the Linux kernel, terminates, and the copyright of the Linux Kernel is infringed. The contract from the Linux kernel developers to both Grsecurity and the customer which is inherent in the GPL is breached.
Perens advises companies to discuss his position with their attorneys, adding "In the public interest, I am willing to discuss this issue with companies and their legal counsel, under NDA, without charge."
This is tantamount to the addition of a term to the GPL prohibiting distribution or creating a penalty for distribution. GPL section 6 specifically prohibits any addition of terms. Thus, the GPL license, which allows Grsecurity to create its derivative work of the Linux kernel, terminates, and the copyright of the Linux Kernel is infringed. The contract from the Linux kernel developers to both Grsecurity and the customer which is inherent in the GPL is breached.
Perens advises companies to discuss his position with their attorneys, adding "In the public interest, I am willing to discuss this issue with companies and their legal counsel, under NDA, without charge."
Clippy says, "It appears you're starting yet another GPL vs. BSD holy war discussion. Would You Like Help?"
* Yes, please link to one of the approximately 17,000 near-identical discussions of this nature we've already had on Slashdot over the years.
* No, I'd rather pointlessly go through the exact same longwinded to-ing and fro-ing and restatements of the same old facts purely to indulge my personal need, despite the fact I know the chances of any new insight coming out of the billionth tedious discussion of this long-established subject is next to nothing, despite the fact that those on both sides feel the need to repeat the same entrenched positions- which mostly come down to personal philosophy and not an incomplete understanding of the issues (which everyone knows full well by now) and will therefore be unlikely to change in the face of the discussion (not that this was the point anyway).
(Joking aside, I'm pretty sure the OP knows all this and is intentionally trolling; I'm also pretty sure the replying AC above isn't, which IMHO makes it worse).
"Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
Submit good patches and we'll merge them. Hell, report some bugs. But no, that's not how you guys operate. You work in an ivory tower for months and send us a massive patch that lacks any organization or any reasonable way to break it down for review. At this point, we think you should take your pile of "security" patches and go write your own kernel to go with it.
The problem isn't with the text there. It's with what else they have told their customers. It doesn't even have to be in writing.
I have witnesses. If there was ever a case, obviously the prosecution would have to depose people to make this point. I am not actually planning on a case, though. I think this warning will have the desired effect.
Bruce Perens.
What I hear: "wah, you should be spoonfeeding us this because it's over our heads. Fuck the good ideas and flaws that get fixed, submit pretty patches or fuck off."
What I hear from you is that you have no idea how software development works. Yes, absolutely, if you supply something that cannot be integrated, then fuck off.