[conspire] (forw) Re: [DNG] Debian blocks latest Intel microcode update

[Rick Moen]

In case you're wondering what 'microcode' is all about, brief summary:
o  Microcode comprises very low-level hardware instructions for a CPU.
o  All real-world CPUs need tweaks to microcode for security and
   stability reasons, as problems get found.
o  De-facto, the CPU designer/manufacturer needs to provide those.
o  It's routine for OSes to bundle up microcode fixes with their bootup
   routines.
o  Lack of current microcode updates is a Very Bad Thing. 

----- Forwarded message from Rick Moen <rick at linuxmafia.com> -----

Date: Wed, 22 Aug 2018 17:40:08 -0700
From: Rick Moen <rick at linuxmafia.com>
To: dng at lists.dyne.org
Subject: Re: [DNG] Debian blocks latest Intel microcode update
Organization: If you lived here, you'd be $HOME already.

Quoting Don Wright (wmail at dslextreme.com):

> El Reg has [1]published a disagreement between a Debian maintainer and Intel
> over changes to license terms in the latest CPU microcode updates. The added
> terms (see comments) appear to attach liability to both Debian and mirror
> sites if the end user violates certain new restrictions regarding
> benchmarking. Debian has chosen not to play.
> 
> [1] https://www.theregister.co.uk/2018/08/21/intel_cpu_patch_licence/

According to the article, Intel corporate VP and general manager of the
Intel Open Source Technology Center Imad Sousou denies there's a
problem, claiming that 'section 2, subsection (iii) grants rights needed
for redistribution'.  

tl;dr:  No, Mr. Sousou.  That is not an answer.


Article links to an Ubuntu pastebin copy of the licence text, here:
https://paste.ubuntu.com/p/z2F3Cj6R8Q/

  [...]
  BY INSTALLING, COPYING, ACCESSING, OR USING THE SOFTWARE, YOU AGREE TO
  BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
  [...]
  2. LIMITED LICENSE. Conditioned on Your compliance with the terms and 
  conditions of this Agreement, Intel grants to You a limited,
  nonexclusive, nontransferable, revocable, worldwide, fully paid-up
  license during the term of this Agreement, without the right to
  sublicense, under Intel's copyrights (subject to any third party
  licensing requirements), to
  [...]
  (iii) distribute an object code representation of the Software, provided
  by Intel, through multiple levels of distribution, solely as embedded in
  or for execution on an Intel-based product and subject to these license
  terms, and if to an end user, pursuant to a license agreement with terms
  and conditions at least as restrictive as those contained in the Intel
  End User Software License Agreement in Appendix A hereto.

  If You are not the final manufacturer or vendor of an Intel-based
  product incorporating or designed to incorporate the Software, You 
  may transfer a copy of the Software to Your Original Equipment 
  Manufacturer (OEM), Original Device Manufacturer (ODM), distributors, 
  or system integration partners ("Your Partner") for use in accordance 
  with the terms and conditions of this Agreement, provided Your Partner 
  agrees to be fully bound by the terms hereof and provided that You 
  will remain fully liable to Intel for the actions and inactions of 
  Your Partner(s).

Mr. Sousou's assertion, to quote Rod Blaine's diplomatic line from Niven &
Pournelle's novel _The Mote in God's Eye_, 'turns out not to be the case.'[1]


The passage about benchmarking, which indeed _is_ purportedly applied to
and required of all licensees, immediately follows:

  3. LICENSE RESTRICTIONS.
  [...]
  Unless expressly permitted under the Agreement, You will not, and 
  will not allow any third party to
  [...]
  (v) publish or provide any Software benchmark or comparison test results.

Here, 'Software' is captalised because it is a legally defined term of
art within context of this licence, defined thus in section 1:

  "Software" refers to certain software or other collateral, including, 
  but not limited to, related components, operating system, application 
  program interfaces, device drivers, associated media, printed or 
  electronic documentation and any updates, upgrades or releases 
  thereto associated with Intel product(s), software or service(s).

And right to redisribute is explicitly tied to accepting rights and
conditions of the agreement, et voila.  Roadblock.


I hope and expect that (substantively) all Linux distributions will 
thus consider this a complete dealbreaker, once they catch wind of it.



[1] "Wrong," said Renner. 
"The tactful way," Rod said quietly, "the polite way to disagree with
the Senator would be to say, 'That turns out not to be the case.'" 
Renner's face lit up.  "Hey. I like that.  Anyway, the Senator's
wrong...."

-- 
Cheers,              "I am a member of a civilization (IAAMOAC).  Step back
Rick Moen            from anger.  Study how awful our ancestors had it, yet
rick at linuxmafia.com  they struggled to get you here.  Repay them by appreciating
McQ! (4x80)          the civilization you inherited."           -- David Brin

----- End forwarded message -----