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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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Alessio1989
Senior Member
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Joined: 2015-06-11
Senior Member
Posts: 1879
Joined: 2015-06-11
#5577129 Posted on: 08/23/2018 02:51 PM
Disgusting.
PS: this kind of EULA do not have any legal effect in EU at all.
Disgusting.
PS: this kind of EULA do not have any legal effect in EU at all.
schmidtbag
Senior Member
Posts: 5485
Joined: 2012-11-10
Senior Member
Posts: 5485
Joined: 2012-11-10
#5577130 Posted on: 08/23/2018 02:54 PM
I don't really see how Intel could possibly succeed by taking legal action with this new license. Most users have no idea that their microcode is updated, what it is updated to, and/or the fact it may come with an EULA. A lot of people can't control this update. So if they took someone to court over this, the hardware reviewer could be like "what EULA? I wasn't presented one and I didn't agree to it". Besides, plenty of people have benchmarked Intel's hardware on older microcodes. It doesn't take much effort for anyone to compare before and after results of microcode updates, even if they're not compared directly in the same article.
I also question if this EULA even has any power. I don't see how it's legal to silence individual/un-affiliated parties. Furthermore, couldn't Intel be counter-sued for what could be construed as "I paid for this CPU expecting a certain performance level, but I have to degrade that performance in order to remain secure".
As far as I'm concerned, this is nothing but a bluff. Maybe Intel knows this isn't going to work in their favor but they want to scare off people creating benchmarks.
I don't really see how Intel could possibly succeed by taking legal action with this new license. Most users have no idea that their microcode is updated, what it is updated to, and/or the fact it may come with an EULA. A lot of people can't control this update. So if they took someone to court over this, the hardware reviewer could be like "what EULA? I wasn't presented one and I didn't agree to it". Besides, plenty of people have benchmarked Intel's hardware on older microcodes. It doesn't take much effort for anyone to compare before and after results of microcode updates, even if they're not compared directly in the same article.
I also question if this EULA even has any power. I don't see how it's legal to silence individual/un-affiliated parties. Furthermore, couldn't Intel be counter-sued for what could be construed as "I paid for this CPU expecting a certain performance level, but I have to degrade that performance in order to remain secure".
As far as I'm concerned, this is nothing but a bluff. Maybe Intel knows this isn't going to work in their favor but they want to scare off people creating benchmarks.
Fox2232
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Joined: 2012-07-20
Senior Member
Posts: 11195
Joined: 2012-07-20
#5577132 Posted on: 08/23/2018 02:58 PM
Intel can try to even point finger at Red Hat, and they'll be in a lot of pain in server business.
Intel can try to even point finger at Red Hat, and they'll be in a lot of pain in server business.
schmidtbag
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Joined: 2012-11-10
Senior Member
Posts: 5485
Joined: 2012-11-10
#5577136 Posted on: 08/23/2018 03:03 PM
Even Phoronix is a bit risky. Intel gets a lot of positive attention there due to their contributions toward open-source projects. If Intel tries to punish them or stops giving away review samples, they're going to lose a lot of that publicity. Right now the Ryzen architecture is looking real good on Linux and FreeBSD (compared to Windows) so the last thing Intel needs is to give Linux users another reason to switch sides.
Intel can try to even point finger at Red Hat, and they'll be in a lot of pain in server business.
Even Phoronix is a bit risky. Intel gets a lot of positive attention there due to their contributions toward open-source projects. If Intel tries to punish them or stops giving away review samples, they're going to lose a lot of that publicity. Right now the Ryzen architecture is looking real good on Linux and FreeBSD (compared to Windows) so the last thing Intel needs is to give Linux users another reason to switch sides.
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LOL at this. So, they sell me the processor and they think they still own it.