Hi Daniel,

Le jeu. 28 oct. 2021 à 16:01, Daniel Thompson <daniel.thomp...@linaro.org>
a écrit :

> On Tue, Oct 26, 2021 at 08:21:22AM +0200, François Ozog wrote:
> > Hi Tom
> >
> >
> > Le lun. 25 oct. 2021 ŕ 18:59, Tom Rini <tr...@konsulko.com> a écrit :
> >
> > > On Mon, Oct 25, 2021 at 05:41:44PM +0100, Daniel Thompson wrote:
> > > > On Mon, Oct 25, 2021 at 03:59:49PM +0200, Heinrich Schuchardt wrote:
> > > > > On 10/25/21 15:32, Daniel Thompson wrote:
> > > > > > On Mon, Oct 25, 2021 at 01:51:34PM +0200, Heinrich Schuchardt
> wrote:
> > > > > > > On 10/25/21 12:43, François Ozog wrote:
> > > > > > > > Hi
> > > > > > > >
> > > > > > > > back in April we had a workshop on firmware sustainability.
> > > Since then a
> > > > > > > > number of discussions related concerns on closed source
> > > components in TF-A
> > > > > > > > and U-Boot communities. We are also approaching a technical
> > > maturity level
> > > > > > >
> > > > > > > U-Boot is licenced under GPL. You must not include any code
> which
> > > is not
> > > > > > > licensed under GPL or a compatible license (cf.
> > > > > > > https://www.gnu.org/licenses/license-list.html) into U-Boot.
> This
> > > > > > > disqualifies any closed source component but also open source
> > > which is not
> > > > > > > GPL compatible like OpenSSL.
> > > > > > >
> > > > > > > The BSD-3 license of TF-A is compatible with GPL.
> > > > > > >
> > > > > > > For closed source TF-A components distributed with U-Boot the
> > > following GPL
> > > > > > > exception *MIGHT* apply in some cases:
> > > > > > >
> > > > > > > "However, as a special exception, the source code distributed
> need
> > > not
> > > > > > > include anything that is normally distributed (in either
> source or
> > > binary
> > > > > > > form) with the major components (compiler, kernel, and so on)
> of
> > > the
> > > > > > > operating system on which the executable runs, unless that
> > > component itself
> > > > > > > accompanies the executable."
> > > > > >
> > > > > > The GNU GPLv2 "mere aggregation" language must also be mentioned
> when
> > > > > > looking at the license effects here.
> > > > > >
> > > > > > If TF-A and u-boot were merely aggregated together on the same
> > > storage
> > > > > > media then the license of one would not influence the licensing
> of
> > > > > > the other.
> > > > > >
> > > > > > I am doubtful that one component being responsible for copying
> the
> > > other
> > > > > > into memory would change this.
> > > > >
> > > > > Think of U-Boot's UEFI variables managed by an OP-TEE module
> > > (Standalone
> > > > > MM), or U-Boot (or  Linux) invoking PSCI. These are not cases of
> mere
> > > > > aggregation but come close to the operating system case. But TF-A
> is
> > > not an
> > > > > operating system.
> > > >
> > > > This is very much an example of "each case turns on its own facts".
> > > >
> > > > PSCI is a generic protocol. It is based on traps. Its primary
> purpose is
> > > > to decouple components that run at different trust levels. TF-A is
> not
> > > > the only implementation. U-boot is not the only client.
> > > >
> > > > Such facts make it unlikely that TF-A would become a derived work of
> > > > u-boot simply because u-boot gets PSCI services from TF-A.
> > > >
> > > > To be clear I agree there are definitely circumstances that could
> lead
> > > > an OP-TEE TA, OP-TEE itself or TF-A being combined with u-boot
> (rather
> > > > than aggregated alongside). A OP-TEE TA to assist with variable
> storage
> > > > could certainly reach this level, especially if it's interfaces were
> > > > specifically designed to match the u-boot driver model (although this
> > > > still may not impact TF-A).
> > >
> > > So, this might be an unpopular opinion here, but perhaps the Canonical
> > > or Linaro lawyers could chime in with some non-binding thoughts?
> > > Engineers arguing about the law tends to not be productive.
> >
> > i agree. From my standpoint, there are products on the market that
> assemble
> > firmware components such as TF-A , U-Boot and OP-TEE in various ways : so
> > lawyers have done their job and it is possible.
> > My question is: can we further characterize the distributed firmware with
> > regards to parameters described in the checklist?
>
> Without discussing laws, contacts or licenses? No.
>
I’d like to split the discussion in two and keep this thread on
characterization when firmware comes with binary components.
The licensing aspects of an assembly of TFA and U-Boot and OP-TEE is a
separate matter on which the characterization can build on. Could you open
a new thread to discuss those matters ?

>
> To be honest I think it is still a "no" even if we were to carefully
> step into such discussions. A checklist, by its nature, does not easily
> accept that laws, licenses and contracts do not cleanly divide the world
> into two halves. There are always a blurred edge.
>
>
> > If there are binary components in the mix, how much a platform owner (in
> > the checklist sense) can rebuild the open source portion, include the
> > binaries and redistribute the result?
>
> It might be possible to make checklists based on commonly used terms
> from the licenses. Essentially try to match the blurred edges of
> licensing to the blurred edges in the checklist itself.
>
> Things like:
>
> 1. Does the product contain any code whose license requires you
>    to make available the complete corresponding source code (CCSC)
>    for that component?
>
> 2. [If #1 is YES] Have you provided the complete corresponding
>    source code for all components whose licence requires it?
>
> Note however that the above list contains some subtle errors!


The OSF checklist is the result of a few years of technical study and
lawyers work. So I guess there may be more thought process needed.

>
> Specifically it does not properly cover cases where both Heinrich and I
> agreed that the GPL would require the release of the CCSC for a
> *different* component.
>
> Overall it is not entirely clear that such a list can be useful. These
> bear traps are why I suspect "no" is the answer here. Anyone using the
> checklist would be better advised to discuss facts for their software
> with their lawyers!
>
>
> Daniel.
>
-- 
François-Frédéric Ozog | *Director Business Development*
T: +33.67221.6485
francois.o...@linaro.org | Skype: ffozog
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