(Chat log:)
-30 gnu_user http://pastebin.ca/3614117

-39 kfogel gnu_user: I am not a lawyer, and I don't represent the Conservancy, but this does sound disturbing. It is not a new situation
even back in the 1990s, there were cases where some companies attempted to sign private contracts with customers whereby the
customers agreed to give up some of their rights under the GPLv2, as a condition of receiving patches under the GPLv2. My
memory is that the FSF determined this to be a violation of the GPL (on the patch

-39 kfogel supplier's part), but I am not positive of that, nor do I remember the specific parties involved. However, the case was very
similar to what you are describing with grsecurity.

-42 kfogel gnu_user: It is quite likely, by the way, that grsecurity is delivering slightly different patches (you know, whitespace
differences or trivial variable name differences, that sort of thing) to different customers, in order to be able to identify
who leaks a patch in violation of the contract. (See https://en.wikipedia.org/wiki/Trap_street for maps, but on a per-customer
basis.)

-43 kfogel gnu_user: I'm pointing this out because some customer might be tempted to leak anonymously. They should be aware that they are
probably identifiable, unless they try to scrub the diff in some way (might be hard). If you can get multiple customers to
privately compare their patches, you can determine if grsecurity is using this technique.

-45 kfogel gnu_user: bkuhn knows a lot about GPL compliance; I hope he reads the above and can recommend and/or take some action.

-45 gnu_user kfogel: I hope so too.

-45 vmbrasseur IIRC, bkuhn may be in transit right now.

-45 gnu_user kfogel: this situation is not new to the law

-45 gnu_user companies do this all the time against one another and are brought to court for tort violations

-46 gnu_user the difference here is that they all have direct privity with eachother

-46 gnu_user here the linux rightsholder does not have direct privity with the sublicensor that is prevented from redistirbuting

-47 gnu_user thus a quazi-contractual argument might have to be made

-47 kfogel gnu_user: Ah, sounds like you know much more about the history & context than I do anyway, good. Thanks for pointing this one
out I'm very curious to see what happensW!

-48 gnu_user the remedy would likely be in equity thusly (since quazi-contract etc)

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-04 @bkuhn gnu_user: I'm familiar with the public discussion about the grsecurity situation. If a customer thinks they have a tort claim of
some sort under GPL in a situation like this, they should certainly bring it on their own.

-05 @bkuhn Whether it's a GPL violation depends on various details that I'm not privy to. Redistribution is not mandatory under GPL, so
there would have to be some sort of specific GPLv2 Secition 6/7 problem shown.

-05 JordiGH Funding cuts have also tightened the conference travel budget, eh?

-05 @bkuhn JordiGH: huh?

-05 JordiGH Sorry, I thought you said you weren't at Pycon this year.

-06 @bkuhn JordiGH: if you are asking about PyCon, my talk wasn't accepted.

-06 JordiGH What was your proposal? Did you get any attention at all? Last time I submitted a talk, I'm sure nobody even looked at the
proposal beyond the title.

-06 @bkuhn JordiGH: I forget, anyway I was asked to keynote another conference elsewhere in the world tomorrow, so I am there now.

-07 JordiGH Oh! Neat! Where?

-07 @bkuhn JordiGH: http://oss2016.org/speakers

-08 JordiGH Finland!

-08 @bkuhn gnu_user: showing a GPLv2 Section 6 or 7 problem often require seeing what written agreements people have with the party. If
someone has specifics, they can certainly report the violation officially to compliance@sfconservancy.org