:: [DNG] on the supposed grsec gpl vio…
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Auteur: Jaromil
Date:  
À: dng
Anciens-sujets: Re: [DNG] I have a question about libsystemd0 in devuan ascii,
Sujet: [DNG] on the supposed grsec gpl violation
dear Bruce,


On Sun, 02 Jul 2017, Bruce Perens wrote:

>    This might make a little more sense if you still can't
>    understand: By operating under their previously-stated policy of
>    denying further service to clients who exercise their right to
>    distribute under the GPL license, Open Source Security
>    Inc. creates an expectation that exercise of the re-distribution
>    right required under the terms of the  GPL will lead to business
>    damage to the customer. This practice effectively is an added
>    term to the license, and addition of such a term is prohibited
>    under language in GPL section 6. This leads to termination of the
>    GPL license granted to Open Source Security Inc., and thus to
>    copyright infringement of the Linux Kernel by that entity. In
>    addition, the GPL is breached as a contract from the copyright
>    holders of the Linux software to which Open Source Security
>    Inc. and the customer are both joined.



I first thought grsec was not in GPL violation, but then in your last
3 mails and this one you made the point very clear and I'm more than
half-way convinced (yet my opinion is of little value here, IANAL nor
a scholar in law)

Are there other cases in which a license (whatever license) has been
breached (and ruled as broken) by such a business arrangement?

My "feeling" is that this case breaks the GPL license especially
because the client can demonstrate that, by exercising his/her rights
granted by the license, a damage is caused by a business arrangement
enforced by those who distributed the software under that very
license.

it is overall an interesting case which may or may not confirm the
viability of a new (is it new?) business model in open source.

thanks for the forthcoming article post btw, will read it.

ciao