On 29 Apr 2017 at 16:11, Alex Efros wrote:

> Hi!
> 
> On Sat, Apr 29, 2017 at 01:49:20PM +0200, Luis Ressel wrote:
> > in case anyone hasn't read in on LWN yet, here's what I'm talking
> > about: https://grsecurity.net/passing_the_baton.php
> 
> Sorry for OT, but is this legal? Or, more correct, is this will works?
> 
> Sure, they can sell their patch to Linux kernel without opensourcing that
> patch.

granted that 'open source' is a rather loaded term these days, i think it
never meant 'available to the public' (shareware would be 'open source' too
then), just that the license is 'open' (whose definition the FSF and others
don't necessarily agree on either). there's plenty of 'open source' licenced
code that never sees the light of day outside of a group of users.

> But at soon as their customers (say, some government org or large
> company) will APPLY that patch to Linux kernel and try to DISTRIBUTE that
> kernel on their computers

there's no need to speculate on this, the FSF has already answered it:
https://www.gnu.org/licenses/old-licenses/gpl-2.0-faq.en.html#InternalDistribution


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