Re: Yes you have standing to sue GRSecurity - Yes there is a blatant violation

From: nisus
Date: Sun Jul 30 2017 - 06:15:52 EST


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

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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 customerâs 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. Grsecurityâs 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

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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.