Hi All,

In my personal opinion, adding new weakness or renaming existing one to
something more "licensing" related is abuse of the weakness definition.
We defined the weakness and vulnerability definitions a long time ago and
any licensing problems do not fit the weakness use case.

The real-world examples provided in this thread indicate that there were
license problems, but it's only a side effect of the problem.
Let me explain it in a different way. If you use a component or 3rd party
software where it is a good, correct licence, but that component is not
maintained correctly or has some vulnerabilities that some day lead to an
exploit and successful attack, then it doesn't matter that there was a
correct licence.
No doubt that invalid licenses are a serious problem from the security
perspective, but it's more a supply chain issue and legal problem.
Invalid licence itself cannot lead to a vulnerability just like that. There
must be another weakness that can lead to a vulnerability.
Licences should be registered and monitored similarly to the components
(artifacts) provenance, which is in scope of SBOMs.
Hence adding a new weakness licensing related is not a good idea in my
opinion.

Best regards,
Przemek

Przemyslaw Roguski

Security Architect, Product Security

Red Hat Poland <https://www.redhat.com/>

[email protected]    IM: rogue

<https://red.ht/sig>

On Fri, Nov 3, 2023 at 4:30 PM Steven M Christey <[email protected]> wrote:

> All,
>
>
>
> While “licensing problems” per se does not have any direct coverage in
> CWE, there are indirect implications for security, e.g., it affects
> maintainability and might affect ability to apply security patches.
>
>
>
> Since 2018, we’ve added several newer CWE entries related to system
> components that might already be applicable; we could possibly modify one
> of them to name licensing as a consideration.
>
>
>
> The most applicable would be CWE-1357: Reliance on Insufficiently
> Trustworthy Component. “The product is built from multiple separate
> components, but it uses a component that is not sufficiently trusted to
> meet expectations for security, reliability, updateability, and
> maintainability.”
>
>
>
> Other CWEs in the same general area:
>
>
>
>    - CWE-1104: Use of Unmaintained Third Party Components (child of
>    CWE-1357)
>    - CWE-1329: Reliance on Component That is Not Updateable (child of
>    CWE-1357)
>    - CWE-1395: Dependency on Vulnerable Third-Party Component
>
>
>
>
>
> I’d argue that there is already some overlap between these CWE entries,
> which we want to avoid as much as possible in CWE. So I would want to be
> very careful about creating a brand-new CWE just for licensing.
>
>
>
> Adapting the phrasing of the original proposal, it seems possible that a
> new "Use of Unauthorized Software" CWE could be created that is a parent of
> CWE-1357. However, there would need to be a strong case made that it isn’t
> an exact duplicate, i.e., are there weaknesses in this area that can NOT be
> described as “insufficiently trustworthy” in this sense?
>
>
>
> Any other input is welcome.
>
>
>
> - Steve
>
>
>
>
>
> *From:* Hood, Jonathan W CTR USARMY DEVCOM AVMC (USA) <
> [email protected]>
> *Sent:* Wednesday, November 1, 2023 10:49 AM
> *To:* CWE Research Discussion <[email protected]>
> *Subject:* [EXT] RE: Request for CWE: Improper Licensing (UNCLASSIFIED)
>
>
>
> I did want to renew this discussion. In light of the increased focus on
> supply chain risk management and composition analysis, the licensing issues
> and weaknesses in aggregated software are becoming more of a problem. Being
> able to categorize these weaknesses meaningfully would be helpful.
>
>
>
> Jon
>
>
>
> -----Original Message-----
> From: Hood, Jonathan W CTR USARMY RDECOM AMRDEC (US)
> Sent: Monday, October 15, 2018 5:01 PM
> To: Kurt Seifried <[email protected]>; Christey, Steven M. <
> [email protected]>
> Cc: Wheeler, David A CTR (US) <[email protected]>; Buttner, Drew <
> [email protected]>; CWE Research Discussion <[email protected]>
> Subject: Re: Request for CWE: Improper Licensing (UNCLASSIFIED)
>
>
>
> CLASSIFICATION: UNCLASSIFIED
>
>
>
> I wanted to add another data point to this: suppose that there's a project
> that falls under DFARS Regulation 252.227-7014 (
> https://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7014),
> but the new contractor tries to use the software commercially. This could
> have been "exploited by an attacker" by suing the program, legal
> confiscation, or a fielding stay injunction.
>
>
>
> Real-world examples:
>
> • ReactOS: https://en.wikipedia.org/wiki/ReactOS#Internal_audit
>
> • MySQL AB:
> https://www.theregister.co.uk/2002/11/21/mysql_nusphere_settle_gpl_contract/
>
> In both of these cases, the integrity of the software was allegedly
> tainted, and availability of the software (ReactOS through their website,
> and MySQL through NuSphere) was demonstrably compromised.
>
> • Artifex v. Hancom — Hancom stopped distributing that portion of their
> software, again exploiting the availability.
>
>
>
> That being said, it's difficult to articulate the specific technical
> exploitation path without also including other intangible weaknesses such
> as "Susceptible to DMCA takedown notices" or "Written by a lawsuit-happy
> contractor."
>
>
>
> Perhaps an "Unauthorized use of software" CWE  would cover the multitude
> of issues behind the licensing. It has a tangible behavior (using
> unauthorized software), a specified resource (the software, involved
> patents, licensing, and/or policies), a violation of desired properties
> (written permission to use the software), and several exploitation paths:
>
> • lawsuit
>
> • confiscation
>
> • DMCA takedown
>
>
>
> Jon
>
>
>
> -----Original Message-----
>
> From: Kurt Seifried [mailto:[email protected] <[email protected]>]
>
> Sent: Thursday, August 23, 2018 3:11 PM
>
> To: Christey, Steven M. <[email protected]>
>
> Cc: Wheeler, David A CTR (US) <[email protected]>; Buttner, Drew <
> [email protected]>; CWE Research Discussion <[email protected]>
>
> Subject: [Non-DoD Source] Re: Request for CWE: Improper Licensing
> (UNCLASSIFIED)
>
>
>
> All active links contained in this email were disabled. Please verify the
> identity of the sender, and confirm the authenticity of all links contained
> within the message prior to copying and pasting the address to a Web
> browser.
>
>
>
>
>
> ________________________________
>
>
>
>
>
>
>
> I would class it more as an exposure type of issue, in that while not
> directly exploitable it does open you up to new problems that didn't exist
> before. Like a freeze attack on an update server, I can't diretly exploit
> that to hack a box, but if I prevent you getting updates for a while,
> eventually you'll be vulnerable to something I can exploit.
>
>
>
> On Thu, Aug 23, 2018 at 1:49 PM, Christey, Steven M. <[email protected] <
> Caution-mailto:[email protected]
> <[email protected]%20%3c%20Caution-mailto:[email protected]%20>> > wrote:
>
>
>
>
>
>                 Using a general phrase of "Licensing Issue" is not
> particularly appropriate for CWE in that, typically, we try to write CWE
> descriptions that describe <behaviors> that operate on <resources> in ways
> that violate desired <properties> that, under the right circumstances, can
> be exploited by <attackers> to cross a security boundary.  There's a
> similar approach for names, specifically so that generic terms like "issue"
> don't mislead CWE users into thinking they understand a CWE when doing
> mapping.
>
>
>
>                 I still find it difficult to figure out where or how
> attackers play a role in terms of licensing, although the role of licensing
> changes in delaying or preventing security patches does resonate with me -
> the system can be put into a state that attackers can exploit.  However,
> there are many other programmer practices like "not having a complete test
> set" or "setting bug report to wrong fix priority" or any of dozens of
> other practices that I'm not sure we're quite ready to include in CWE yet.
>
>
>
>                 Note - I'm not stating any kind of official position on
> how/whether CWE should include licensing, just some thoughts.
>
>
>
>                 - Steve
>
>
>
> --
>
>
>
> Kurt Seifried
>
> [email protected] < Caution-mailto:[email protected] >
>
> CLASSIFICATION: UNCLASSIFIED
>
>
>
> *From:* Wheeler, David A [email protected]
> *Sent:* Wednesday, August 22, 2018 11:36 AM
> *To:* Kurt Seifried [email protected]; Buttner, Drew [email protected]
> *Cc:* CWE Research Discussion [email protected]
> *Subject:* [Non-DoD Source] RE: Request for CWE: Improper Licensing
> (UNCLASSIFIED)
>
>
>
> All active links contained in this email were disabled. Please verify the
> identity of the sender, and confirm the authenticity of all links contained
> within the message prior to copying and pasting the address to a Web
> browser.
> ------------------------------
>
>
>
> I agree that improper licensing (overall) is a problem, but I think there
> needs to be at least one more specific CWE as well: “License change forbids
> previously allowed activity”.  Presumably this would be a sub-category.
>
>
>
> In **both** of the cases you cite, it **was** okay to do something in one
> version, but the newer version changed to a license that forbid
> previously-allowed activities.  It is this **change** of license that is
> especially likely to cause problems, since people often don’t re-review
> licenses when they simply upgrade a component.  In particular, lawyers
> often get involved reviewing licenses when components are **first**
> brought in, but often no one knows to even **check** that there’s been a
> significant change in conditions.
>
>
>
> --- David A. Wheeler
>
>
>
> *From:* Kurt Seifried [Caution-mailto:[email protected]]
> *Sent:* Wednesday, August 22, 2018 12:03 PM
> *To:* Buttner, Drew
> *Cc:* CWE Research Discussion
> *Subject:* Re: Request for CWE: Improper Licensing (UNCLASSIFIED)
>
>
>
> So some new stuff has come to light recently:
>
>
>
> 1) Caution-https://redislabs.com/community/commons-clause/ < Caution-
> https://redislabs.com/community/commons-clause/ >
>
>
>
> 2) Caution-
> https://www.theregister.co.uk/AMP/2018/08/21/intel_cpu_patch_licence/
>  < Caution-
> https://www.theregister.co.uk/AMP/2018/08/21/intel_cpu_patch_licence/ >
>
>
>
> so in case #1 we now have a situation where cloud providers and other
> places cannot update redis components if they sell it as a service due to
> the license changes. In case #2 we have Debian users left with a VERY a
> painful set of steps to take to manually update the microcode (rather than
> linux just magically doing it at boot time).
>
>
>
> I think in light of the above we should revisit this CWE and consider it
> for inclusion as it clearly has real world consequences and is becoming a
> problem.
>
>
>
> On Mon, May 21, 2018 at 8:46 AM, Buttner, Drew <
> [email protected] < Caution-mailto:[email protected]
> <[email protected]%C2%A0%3c%C2%A0Caution-mailto:[email protected]>> >
> wrote:
>
> CWE Community,
>
> Thank you to all that weighed in on this topic and added to the discussion
> earlier this month. The CWE team found the discussion very enlightening,
> and it really helped us understand this issue that we didn't know much
> about. However, our feeling is that improper licensing is outside of CWE's
> current scope. Although it is a way to impact software and its usage, we
> feel that this is not through the technical exploitation of a software
> security weakness in architecture, design, or code. Rather, it is though
> policy/programmatic exploitation.
>
> Looking at the hypothetical example provided, software that includes some
> improper licenses may be forced offline and become unavailable, but
> technically the software still works as intended. This is very different
> from a weakness in how resources are managed that causes an application to
> allocate all its handles and then become unavailable. The availability
> issue with licensing surrounds a policy that the software shall no longer
> be used.  In many ways, there is similarity here with supply chain issues
> where one disrupts a supplier to stop/limit a product from being delivered,
> and hence make it not available.
>
> We feel that these types of issues, although legitimate, are not within
> the current scope of CWE which focuses on architecture, design, and coding
> weaknesses.
>
> Going forward, we will be looking to expand the scope of CWE to include
> certain quality related issue. As this happens, the scope may broaden to
> include some issues similar to improper licensing and within areas beyond
> the three mentioned above. If that is the case, then this discussion we be
> brought back to the forefront.
>
> We are still open for discussion on either the specific issue, or with our
> defined scope.  We very much value feedback so please don't hesitate to
> share opinions if you have them.
>
> Thanks
> Drew
>
>
>
> -----Original Message-----
> From: [email protected] < Caution-mailto:
> [email protected] >  [Caution-mailto:
> [email protected] < Caution-mailto:
> [email protected] > ] On Behalf Of Hood, Jonathan W
> CTR USARMY RDECOM AMRDEC (US)
> Sent: Monday, April 30, 2018 10:52 AM
> To: cwe-research-list CWE Research Discussion <
> [email protected] < 
> Caution-mailto:[email protected]
> <[email protected]%C2%A0%3c%C2%A0Caution-mailto:[email protected]>
> > >
> Subject: Request for CWE: Improper Licensing (UNCLASSIFIED)
>
> CLASSIFICATION: UNCLASSIFIED
>
> CWE Team,
>
> We've run into cases where a software license is being violated. A few
> generalized scenarios we've run into lately:
> • Someone violates the GPL in one of the many ways that the GPL can be
> violated (I'm not going to elaborate on this much; I like the GPL and am
> only using it as an example of a very-easy-to-violate license) • Someone
> partners with a school on an STTR from the government
>         ⁃ The school assigns the task to a poor grad student
>         ⁃ The grad student implements the academic license of a library
> they want to use
>         ⁃ The grad student turns in a working solution with the academic
> license unknowingly embedded
>         ⁃ The PI on the STTR turns in the working solution
>         ⁃ The working solution is incorporated into a commercial project
> without switching to the commercial version of the dependency • Someone
> copyrights and licenses their software in an overly-restrictive or illegal
> way (re: Bayh-Dole Act IP with "royalty-free use by or on behalf of the
> government")
>
> Usually, the software team is ignorant of the issue they've introduced
> with the licenses. Nevertheless, inherent legal issues become cybersecurity
> concerns, especially when they can affect the availability and rights to
> use the software.
>
> Proposed CWE Title: Improper Licensing
>
> Impacts: Availability
>
> Description: Licensing issues indicate poor adherence to copyrights and
> other legal requirements. License violations can take many forms, and each
> can be costly to an organization. Several include:
> • Reliance, in a commercial solution, on software licensed for
> non-commercial use only.
> • Use of expired licenses
> • Including unlicensed components into a solution • Violating a license's
> terms • Placing software under an illegal or overly-restrictive license
> Each issue introduces legal risks that can affect the availability of the
> solution.
>
> Modes of Introduction: Implementation
>
> Applicable Platforms: All
>
> Likelihood of Exploit: Low
>
> I'm in favor of having a catch-all licensing issue CWE. Alternatively,
> higher fidelity may be achieved by creating a category and CWE hierarchy:
> • Category: Licensing Issues
>         ⁃ CWE: Reliance on Incorrect License
>         ⁃ CWE: Use of Expired License
>         ⁃ CWE: Reliance on Unlicensed Component
>         ⁃ CWE: Improper Adherence to License Terms
>         ⁃ CWE: Institution of an Overly-Restrictive or Illegal License
>
> This may need to be moved under the CQEs once they are merged with CWEs.
>
> Jon
>

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