Intel EULA License prohibits benchmarks on new Linux microcode Patches

by Hilbert Hagedoorn on: 08/24/2018 09:17 AM | source: slashdot and register | 55 comment(s)

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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schmidtbag
Senior Member

Posts: 6693
Joined: 2012-11-10

#5577161 Posted on: 08/23/2018 04:51 PM

so if I put linux on my system and do a micocode update and run a benchmark I brake the EULA?
That makes me want to install the update and run a benchmark just to tell intel to suck it.
No - to my understanding, you're just not allowed to compare benchmarks of old microcode to new microcode.
Though honestly, when you compare the performance of Kaby Lake back when it was released compared to today's performance with all of the mitigations, it still doesn't look so great. Intel's IPC has suffered quite a bit, where AMD's is nearly on-par.

Intel news keeps bringing a Smile to AMD's stock owners

https://finance.yahoo.com/quote/AMD/?guccounter=1
Wow that's quite the spike. Are we sure there isn't something else driving that? I find this EULA a little too obscure to be the culprit.

HWgeek
Senior Member

Posts: 441
Joined: 2005-04-04

#5577163 Posted on: 08/23/2018 05:00 PM

Wow that's quite the spike. Are we sure there isn't something else driving that? I find this EULA a little too obscure to be the culprit.
Rosenblatt Securities raises its price target for AMD shares to $30 from $27, citing the chipmaker’s process manufacturing advantage versus Intel.
https://finance.yahoo.com/m/777f90a6-8ce8-37d7-b684-e7248731b097/analyst-says-market%E2%80%99s-top.html

And just look at the trading volume- its just opened and already on 39M when 69M it the avg.

southamptonfc
Senior Member

Posts: 2256
Joined: 2006-04-10

#5577166 Posted on: 08/23/2018 05:10 PM

What a ridiculous thing to try to do. Do they really think this behavior is acceptable to enterprise customers?

Intel, you've raised a big red flag by appearing to try to cover up performance issues. Guess what the first thing we're going to do is when we get new OS patches?

lucidus
Senior Member

Posts: 11835
Joined: 2011-12-31

#5577168 Posted on: 08/23/2018 05:13 PM

Let the benchmarks begin.

tunejunky
Senior Member

Posts: 2552
Joined: 2017-08-18

#5577191 Posted on: 08/23/2018 06:08 PM

Intel, as a Californian company, should know better as this is patently illegal and unenforceable in California.

but like i've been moaning on about, Intel is run by the marketing folks who likely see (wrongly) this as a way to avoid embarrassment re: Epyc and Threadripper

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