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Intel EULA License prohibits benchmarks on new Linux microcode Patches
Intel recently has provided its microcode updates for Linux distributions. The Register reports that Debian is rejecting a new Intel microcode update because of a new license term prohibiting the use of the CPU for benchmarks and profiling.
There is a new license term applied to the new microcode: "You will not, and will not allow any third party to (i) use, copy, distribute, sell or offer to sell the Software or associated documentation; (ii) modify, adapt, enhance, disassemble, decompile, reverse engineer, change or create derivative works from the Software except and only to the extent as specifically required by mandatory applicable laws or any applicable third party license terms accompanying the Software; (iii) use or make the Software available for the use or benefit of third parties; or (iv) use the Software on Your products other than those that include the Intel hardware product(s), platform(s), or software identified in the Software; or (v) publish or provide any Software benchmark or comparison test results."
According to Debian and Gentoo, benchmarking the performance effect is prohibited in a modified update policy for software manufacturers. It now actually includes a restriction that prohibits users from carrying out benchmarks based on the microcode update.
Meanwhile, benchmarks have been published by for example Phoronix and Red Hat. It remains unknown whether these parties have actually violated the conditions by publishing the benchmarks and measurements.
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Fender178
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#5577858 Posted on: 08/25/2018 06:36 PM
Fair use is about using copyrighted work that you do not own in your own work. Benchmark results are not copyrighted work.
So it's not even about fair use. It's just BS some companies put in their EULAs. VMware is doing the same. If you use a VMware product, you are not allowed to run benchmarks and publish the results. In other words, the EULA prohibits reviews of the product.
Imagine if this was actually enforceable. Like NVidia or AMD putting such a clause in their EULA. You are not allowed to review/bench their GPUs. Unfortunately, the legal teams of companies who do put this kind of BS in their EULA are in a position to push the "little guy" (small sites) around with legal threats. Even if you are 101% in the right, you can't afford to go against them and need to comply because they have infinite money compared to you. Just like Warranty voided if removed BS that turned out to be illegal. Never new about VMware doing that kind of thing. Yeah a sad but true statement that the little guy cannot challenge the big guy because of $$$.
Fair use is about using copyrighted work that you do not own in your own work. Benchmark results are not copyrighted work.
So it's not even about fair use. It's just BS some companies put in their EULAs. VMware is doing the same. If you use a VMware product, you are not allowed to run benchmarks and publish the results. In other words, the EULA prohibits reviews of the product.
Imagine if this was actually enforceable. Like NVidia or AMD putting such a clause in their EULA. You are not allowed to review/bench their GPUs. Unfortunately, the legal teams of companies who do put this kind of BS in their EULA are in a position to push the "little guy" (small sites) around with legal threats. Even if you are 101% in the right, you can't afford to go against them and need to comply because they have infinite money compared to you. Just like Warranty voided if removed BS that turned out to be illegal. Never new about VMware doing that kind of thing. Yeah a sad but true statement that the little guy cannot challenge the big guy because of $$$.
ruthan
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Posts: 565
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#5580062 Posted on: 08/31/2018 03:48 PM
Patent trolling refers to random companies, owned by random nobodies, that never invented anything, going out and buying patents so that they can then extort money out of others. Many of these patents don't even hold up if they went to court (most fall under prior art.) But in some cases, the targets just want to avoid lawsuits, so they pay up.
This is not the case with Intel. They did invent the x86 architecture. It's not a BS patent that wouldn't hold up. It's legit. If you want to compete with Intel, invent your own instruction sets. Like AMD, ARM, IBM, and others do.
I now this definition, but they are just doing other sort of patent exploitation what is sort of trolling too in my book. They can sell something and still control resales of already sold property its against open market, which is making capitalism working.
Patent trolling refers to random companies, owned by random nobodies, that never invented anything, going out and buying patents so that they can then extort money out of others. Many of these patents don't even hold up if they went to court (most fall under prior art.) But in some cases, the targets just want to avoid lawsuits, so they pay up.
This is not the case with Intel. They did invent the x86 architecture. It's not a BS patent that wouldn't hold up. It's legit. If you want to compete with Intel, invent your own instruction sets. Like AMD, ARM, IBM, and others do.
I now this definition, but they are just doing other sort of patent exploitation what is sort of trolling too in my book. They can sell something and still control resales of already sold property its against open market, which is making capitalism working.
D3M1G0D
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Joined: 2017-03-10
#5580104 Posted on: 08/31/2018 05:19 PM
Perhaps this is the reason why?
The Performance Cost Of Spectre / Meltdown / Foreshadow Mitigations On Linux 4.19
Intel CPUs suffer far more than AMD as a result of the patches.
Perhaps this is the reason why?
The Performance Cost Of Spectre / Meltdown / Foreshadow Mitigations On Linux 4.19
Intel CPUs suffer far more than AMD as a result of the patches.
D3M1G0D
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Joined: 2017-03-10
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Posts: 2068
Joined: 2017-03-10
#5580105 Posted on: 08/31/2018 05:22 PM
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They reversed the restrictions in their EULA license... after apparently feeling the sting of widespread outrage.
Intel flips over Microcode Update benchmarking stance