On 03/29/2017 05:17 PM, Michael Ellerman wrote:
> Michal Suchanek <msuchanek@xxxxxxx> writes:
>
>> While reviewing commit 11c6e16ee13a ("crypto: vmx - Adding asm
>> subroutines for XTS") which adds the OpenSSL license header to
>> drivers/crypto/vmx/aesp8-ppc.pl licensing of this driver came into
>> qestion. The whole license reads:
>>
>> # Licensed under the OpenSSL license (the "License"). You may not use
>> # this file except in compliance with the License. You can obtain a
>> # copy
>> # in the file LICENSE in the source distribution or at
>> # https://www.openssl.org/source/license.html
>>
>> #
>> # ====================================================================
>> # Written by Andy Polyakov <appro@xxxxxxxxxxx> for the OpenSSL
>> # project. The module is, however, dual licensed under OpenSSL and
>> # CRYPTOGAMS licenses depending on where you obtain it. For further
>> # details see http://www.openssl.org/~appro/cryptogams/.
>> # ====================================================================
>>
>> After seeking legal advice it is still not clear that this driver can be
>> legally used in Linux. In particular the "depending on where you obtain
>> it" part does not make it clear when you can apply the GPL and when the
>> OpenSSL license.
>
> It seems pretty clear to me that the intention is that the CRYPTOGAM
> license applies.
>
> If you visit it's URL it includes:
>
> ALTERNATIVELY, provided that this notice is retained in full, this
> product may be distributed under the terms of the GNU General Public
> License (GPL), in which case the provisions of the GPL apply INSTEAD OF
> those given above.
>
>
> I agree that the text in the file is not sufficiently clear about what
> license applies, but I'm unconvinced that there is any code here that is
> actually being distributed incorrectly.
The original commit message also outlines that the authors collaborated
directly with Andy.
commit 5c380d623ed30b71a2441fb4f2e053a4e1a50794
Author: Leonidas S. Barbosa <leosilva@xxxxxxxxxxxxxxxxxx>
Date: Fri Feb 6 14:59:35 2015 -0200
crypto: vmx - Add support for VMS instructions by ASM
OpenSSL implements optimized ASM algorithms which support
VMX instructions on Power 8 CPU.
These scripts generate an endian-agnostic ASM implementation
in order to support both big and little-endian.
- aesp8-ppc.pl: implements suport for AES instructions
implemented by POWER8 processor.
- ghashp8-ppc.pl: implements support for GHASH for Power8.
- ppc-xlate.pl: ppc assembler distiller.
These code has been adopted from OpenSSL project in collaboration
with the original author (Andy Polyakov <appro@xxxxxxxxxxx>).
Signed-off-by: Leonidas S. Barbosa <leosilva@xxxxxxxxxxxxxxxxxx>
Signed-off-by: Herbert Xu <herbert@xxxxxxxxxxxxxxxxxxx>
-Tyrel
>
> Getting the text in the header changed to be clearer seems like the
> obvious solution.
>
>> I tried contacting the author of the code for clarification but did not
>> hear back. In absence of clear licensing the only solution I see is
>> removing this code.
>
> Did you try contacting anyone else? Like perhaps the powerpc or crypto
> maintainers, or anyone else who's worked on the driver?
>
> Sending a patch to delete all the code clearly works to get people's
> attention, I'll give you that.
>
