Date: Thu, 01 Jun 2017 18:51:23 +0000 From mrcluckles@airmail.cc Thu Jun 1 14:51:27 2017 From: mrcluckles@airmail.cc To: Brad Spengler Cc: contact@grsecurity.net Subject: Re: Notice of GNU GPLv2 Grsecurity Distribution and Source Request Dear Mr. Spengler, Thank you for your reply. I have reason to believe, with evidence, that the grsecurity team is indeed distributing grsecurity (derivative work). Grsecurity's own website, at https://grsecurity.net/purchase.php (Accessed June 1 2017), indicates a paid offering for distribution of grsecurity software. Grsecurity's announcement titled "Passing the Baton" at https://grsecurity.net/passing_the_baton_faq.php (Accessed June 1 2017) states that "[s]ubscribers may opt-in to gain access to our -beta patches". With these pieces of information in mind, it is frivolous to claim that grsecurity team is not distributing copies of the software. Under the GNU GPL version 2 Section 0 (§0), '[e]ach licensee is addressed as "you"' (https://www.gnu.org/licenses/old-licenses/gpl-2.0.en.html; Accessed June 1 2017). Since grsecurity modifies the Linux Kernel, grsecurity is a licensee of Linux Kernel's GNU GPL version 2 license. Hence, in order for grsecurity to be allowed to distribute grsecurity software, a derivative work of the Linux Kernel, pursuant to Section 4 (§4) of the License, grsecurity must comply with all provisions of Section 2 (§2), including Section 2 b. (§2b), which mandates that I, as a third party, am licensed to grsecurity software. Please submit the previously-requested versions of grsecurity software and source code to me as soon as possible. On 2017-06-01 10:55, Brad Spengler wrote: > Dear Mr Cluckles Team, > > Thank you for your mail. You are very confused about the GPL -- > you are not a customer of ours and we have not distributed > anything to you. Please read: > https://copyleft.org/guide/comprehensive-gpl-guidech6.html > specifically 5.1.2 to there which states: > > In considering GPLv2 §2(b), first note the qualifier: it only > applies to derivative, combined and/or modified works that > "you distribute or publish". Despite years of education > efforts on this matter, many still believe that modifiers of > GPL'd software must publish or otherwise share their changes. > On the contrary, GPLv2 §2(b) does not apply if the changes are > never distributed. Indeed, the freedom to make private, personal, > unshared changes to software for personal use only should be > protected and defended.1In considering GPLv2 §2(b), first note > the qualifier: it only applies to derivative, combined and/or > modified works that "you distribute or publish". Despite > years of education efforts on this matter, many still believe > that modifiers of GPL'd software must publish or otherwise > share their changes. On the contrary, GPLv2 §2(b) does not apply > if the changes are never distributed. Indeed, the freedom to make > private, personal, unshared changes to software for personal use > only should be protected and defended. > > Also please read: > https://www.gnu.org/licenses/old-licenses/gpl-2.0-faq.en.html#TOCDoesTheGPLAllowMoneyhttps://www.gnu.org/licenses/old-licenses/gpl-2.0-faq.en.html#TOCDoesTheGPLAllowMoney > https://www.gnu.org/licenses/old-licenses/gpl-2.0-faq.en.html#TOCDoesTheGPLRequireAvailabilityToPublic > https://www.gnu.org/licenses/old-licenses/gpl-2.0-faq.en.html#TOCCanIDemandACopyhttps://www.gnu.org/licenses/old-licenses/gpl-2.0-faq.en.html#TOCCanIDemandACopy > > I'll be forwarding your mail to the FSF as an example of the kind > of nonsense requests we get from "internet lawyers" who don't > understand the GPL at all. In your feigned concern about software > freedom, you attempt to deny our own freedom granted to us by the > GPL. Your "request" is an insult to the hard work we've done and > distributed for free for 16 years, and a demonstration that you > care about nothing more than exploiting the work of others. > > Thanks, > -Brad > > On Thu, Jun 01, 2017 at 04:53:34AM +0000, mrcluckles@airmail.cc wrote: >> Dear Grsecurity Team, >> >> >> I am writing to invoke my rights as a grsecurity third party under >> the GNU General Public License, version 2, that grsecurity and the >> Linux Kernel are licensed under >> (https://www.gnu.org/licenses/old-licenses/gpl-2.0.en.html). >> Pertaining to Section 0 (??0), which states that 'a "work based on >> the Program" means... a work containing the Program or a portion of >> it, either verbatim or with modifications and/or translated into >> another language,' grsecurity is a work based off of, and bound to, >> the Linux Kernel's GNU GPL v2 >> (https://www.kernel.org/pub/linux/kernel/COPYING). Besides >> grsecurity patch files ("derivative work") directly modifying the >> Linux Kernel ("Program"), as shown by the definition of the word >> "patch," the grsecurity public website itself states: "Grsecurity?? >> is an extensive security enhancement to the Linux kernel" >> (https://grsecurity.net/index.php, accessed May 31 2017). It has >> been demonstrated that grsecurity is a derivative work of the Linux >> Kernel, and that the grsecurity team itself is aware of, and >> advertising, grsecurity as such. >> >> >> With that in mind, pertaining to Section 2 b. (??2b) of the License, >> I would like to request a copy of the distribution version and >> source code for the following downloads/"versions" of grsecurity: >> >> 1) grsecurity-3.1-3.14.79-201705311946.patch >> 2) grsecurity-3.1-4.4.70-201705311947.patch >> 3) grsecurity-3.1-3.14.79-vs2.3.6.15-201705311946.patch >> 4) grsecurity-3.1-4.10.17-201705311947.patch >> >> >> As a reminder, Section 2 b. (??2b) mandates the following of the >> grsecurity team, as the maintainer of a derivative work: >> >> "b) You must cause any work that you distribute or publish, that in >> whole or in part contains or is derived from the Program or any part >> thereof, to be licensed as a whole at no charge to all third parties >> under the terms of this License." >> (https://www.gnu.org/licenses/old-licenses/gpl-2.0.en.html, ??2b) >> >> >> Section 2 (??2) mandates that all subsections must be met if a >> derivative work is to be copied and distributed: >> >> "2. You may modify your copy or copies of the Program or any portion >> of it, thus forming a work based on the Program, and copy and >> distribute such modifications or work under the terms of Section 1 >> above, provided that you also meet all of these conditions:" >> (https://www.gnu.org/licenses/old-licenses/gpl-2.0.en.html, ??2) >> >> As I am licensed to grsecurity "as a whole at no charge," please >> send me the above-requested copies of grsecurity, in distribution >> and source form, as soon as possible. >> >> >> Thank you in advance for your cooperation and understanding, and I >> look forward to working with you in the future.