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Submission + - Linux kernel hardeners Grsecurity sue open source's Bruce Perens (theregister.co.uk)

Submitted by Anonymous Coward
An anonymous reader writes: Our customer contract doesn't violate GPLv2, biz insists in defamation lawsuit

In late June, noted open-source programmer Bruce Perens warned that using Grsecurity's Linux kernel security could invite legal trouble.

"As a customer, it's my opinion that you would be subject to both contributory infringement and breach of contract by employing this product in conjunction with the Linux kernel under the no-redistribution policy currently employed by Grsecurity," Perens wrote on his blog.

The following month, Perens was invited to court. Grsecurity sued the open-source doyen, his web host, and as-yet-unidentified defendants who may have helped him draft that post, for defamation and business interference.

Grsecurity offers Linux kernel security patches on a paid-for subscription basis. The software hardens kernel defenses through checks for common errors like memory overflows. Perens, meanwhile, is known for using the Debian Free Software Guidelines to draft the Open Source Definition, with the help of others.

Linus Torvalds, who oversees the Linux kernel, has called Grsecurity's patches "garbage".

(read the rest at el reg)
https://www.theregister.co.uk/...

https://lwn.net/Articles/72980...

Submission + - Bruce Perens: Potential Contributory Infringement Risk for Grsecurity Customers (perens.com)

Submitted by NewGnu
NewGnu writes: Grsecurity is a patch for the Linux kernel which, it is claimed, improves its security. It is a derivative work of the Linux kernel which touches the kernel internals in many different places. It is inseparable from Linux and can not work without it. it would fail a fair-use test (obviously, ask offline if you don’t understand). 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.

        Currently, Grsecurity is a commercial product and is distributed only to paying customers. 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.

        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. 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.

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