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https://www.itwire.com/open-source/linux-kernel-patch-maker-says-court-case-was-only-way-out.html
The head of security firm Open Source Security, Brad Spengler, says he had little option but to file a lawsuit against open source advocate Bruce Perens, who alleged back in 2017 that security patches issued for the Linux kernel by OSS violated the licence under which the kernel is distributed.
The case ended last week with Perens coming out on the right side of things; after some back and forth, a court doubled down on its earlier decision that OSS must pay Perens' legal costs as awarded in June 2018.
The remainder of the article is an interview with Brad Spengler about the case and the issue.
iTWire contacted Spengler soon after the case ended, as he had promised to speak at length about the issue once all legal issues were done and dusted. Queries submitted by iTWire along with Spengler's answers in full are given below:
Previously:
Court Orders Payment of $259,900.50 to Bruce Perens' Attorneys
(Score: 0) by Anonymous Coward on Friday February 21 2020, @07:54AM
>Grsec is not violating the GPL.
Grsecurity is violating the Copyright of the Linux kernel and of GCC.
>6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
>4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
Grsecurity is modifying, distributing, and sublicensing the Program under terms NOT expressly provided under "this License"
It has placed thos term, which are not expressly provided under "this License" in it's access agreement:
>https://perens.com/wp-content/uploads/sites/4/2017/06/grsecstablepatchaccessagreement_additionalterms.pdf
This is one of the terms that Grsecurity has the distributee agree to, which is not expressly provided under "this License":
>Notwithstanding these rights and obligations, the User acknowledges that redistribution of the provided stable patches or changelogs outside of the explicitobligations under the GPL to User's customers will result in termination of accessto future updates of grsecurity stable patches and changelogs.
What does notwithstanding mean?
> Notwithstanding \Not`with*stand"ing\, prep.
> Without prevention, or obstruction from or by; in spite of.
IE: "In spite of, the previously mentioned disclaimer, you will not redistribute the Program, or else"