linux-kernel - Re: Yes you have standing to sue GRSecurity

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Date:   Sun, 30 Jul 2017 10:15:44 +0000
From:   nisus@...chan.it
To:     "Paul G. Allen" <pgallen@...il.com>
Cc:     linux-kernel <linux-kernel@...r.kernel.org>, tytso@....edu
Subject: Re: Yes you have standing to sue GRSecurity - Yes there is a blatant
 violation

Or as Bruce Perens put it (and yes Bruce Perens is correct, and yes I am 
an attorney)

----------------
Bruce Perens wrote:

"Currently, Grsecurity is a commercial product and is distributed only 
to paying customers. Under their Stable Patch Access Agreement, 
customers are 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."

"By operating under their policy of terminating customer relations upon 
distribution of their GPL-licensed software, Open Source Security Inc., 
the owner of Grsecurity, creates an expectation  that the customer’s 
business will be damaged by losing access to support and later versions 
of the product, if that customer exercises their re-distribution right 
under the GPL license. Grsecurity’s Stable Patch Access Agreement adds 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 GPL does not apply when Grsecurity 
first ships the work to the customer, and thus the customer has paid for 
an unlicensed infringing derivative work of the Linux kernel developers 
with all rights reserved.  The contract from the Linux kernel developers 
to both Grsecurity and the customer which is inherent in the GPL is 
breached."

perens.com/blog/2017/06/28/warning-grsecurity-potential-contributory-infringement-risk-for-customers/

Stable patch agreement:
perens.com/wp-content/uploads/2017/06/grsecstablepatchaccessagreement_additionalterms.pdf

----------------

Again, Yes I am an attorney, yes Bruce Perens is correct, Yes I know 
what I'm talking about in this field more than you American Programmers, 
no you do not know what you are talking about if you have not studied 
law.