back to article Intel rips up microcode security fix license that banned benchmarking

Intel has backtracked on the license for its latest microcode update that mitigates security vulnerabilities in its processors – after the previous wording outlawed public benchmarking of the chips. The software, released this month, counters the Foreshadow aka L1TF Spectre-related flaws in its CPUs. However, its terms of use …

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  1. artem

    At this point if you are in for buying a new PC/server, your best option is AMD and will remain so until Ice Lake is relased.

    1. ivan5

      And possibly far beyond that.

    2. ibmalone

      It depends a bit. A while since I was able to benchmark the loads I run on AMD, but my understanding is clustered multithreading on AMD cpus means if you're doing heavy floating point you can be in a similar situation to Intel hyperthreading, where one FPU shared between two 'cores' (AMD) or 'virtual cores' (Intel HT). The result is for heavy FPU work you'll probably find find you can't take advantage of HT anyway, while for more traditional server loads you could, I'd speculate on AMD bulldozer you might find you effectively have half the nominal cores for numeric work. Of course this doesn't change any hit on speculative execution from the spectre etc. fixes.

      1. kain preacher

        "FPU shared between two 'cores' (AMD) or 'virtual cores'" Eypc fixed that

        1. ibmalone

          "FPU shared between two 'cores' (AMD) or 'virtual cores'" Eypc fixed that

          Interesting to know, I hadn't looked at post-Bulldozer. It seems Zen (EPYC's architecture) is more Intel like with SMT, that'd make it more directly comparable in terms of quoted #cores:#threads (and I'll therefore place my bets that I will have to ignore 'threads' numbers for them too).

          1. kain preacher

            Yeah AMD had no choice as software was just no written they way they had hoped for bulldozer. Even windows did not support them like AMD wanted . So when AMD bulldozer said it had 8 cores windows treated it like a quad core with HT

    3. WibbleMe

      Hey Im in the market for a really cheap PC, this is great news for i7 buyers

  2. Gene Cash Silver badge

    Open source works

    Debian kicked up a fuss, and Intel fixed the license. That's good news for a change.

    > "You can't expect every lawyer to understand CPUs,"

    No, but I'd sure as hell expect one working for Intel to understand CPUs, no different than I'd expect a lawyer working for Oracle to understand databases. It's a pretty basic requirement to understand your particular business.

    Edit: they don't have to be an expert, but "duur, whut's a see pee yew?" isn't acceptable at the hourly rate these guys probably pull.

    1. quxinot

      Re: Open source works

      Thank you, Debian.

      1. bombastic bob Silver badge
        Devil

        Re: Open source works

        It looks like Debian's reasoning in this case was correct (they didn't want to be held responsible for '3rd party' benchmarks, which you KNOW are going to happen!). Unfortunately the REAL reason didn't come out in the earlier announcement...

        In any case, it looks like Intel tried to pull a fast one. NOT good.

        (Debian actually reads the fine print)

      2. heyrick Silver badge

        Re: Open source works

        "Thank you, Debian."

        Thank you indeed.

        There are really two stories here: that Intel tried to use the licence to gag people from saying what the effects of the update would be, but possibly more than even this, is that all of the other guys were happy to use the patch with that licence as it was.

        1. Cuddles

          Re: Open source works

          "but possibly more than even this, is that all of the other guys were happy to use the patch with that licence as it was."

          Or more likely, they were happy to use the patch and just didn't give a shit about the license. As the article notes, Red Hat had happily ignored the prohibition and already published benchmarks before Debian started complaining. I imagine most others were the same - either they ignored it or simply didn't notice it in the first place. That's the thing that keeps coming up with software licenses and EULAs - most of them are unenforceable even when they're not actively illegal, and it's not just your average home user that doesn't bother paying any attention to them.

          1. jelabarre59

            Re: Open source works

            Or more likely, they were happy to use the patch and just didn't give a shit about the license. As the article notes, Red Hat had happily ignored the prohibition and already published benchmarks before Debian started complaining.

            Could be that those vendors (at least one or two) knew how indefensible the clause was, and may have been inviting Intel to just *try* to uphold it.

            1. Giovani Tapini

              Re: Open source works

              Maybe, or maybe Red Hat simply considered that general guidance did not count as Benchmarks which are quite specific.

              Either way Intel's approach seems to be leaning towards, if you want to be secure don't use our CPU's which doesn't seem very logical. Any enterprise buying lots of kit will want some sort of comparative measures and Intel would rule themselves out of this, ahem, benchmarking process. Their own salesmen would have gone up in flames about the same time as the poor punters trying to keep up with the patching...

    2. Vometia Munro Silver badge

      Re: Open source works

      I'm somewhat reminded of overhearing a gaggle of managers wandering aimlessly around an office at DEC bragging about how they didn't need to know anything about the industry because their leet management skills were so awesome. This was in the mid '90s, IOW around the time DEC was really struggling because of... well, people like them.

    3. Anonymous Coward
      Anonymous Coward

      Re: Open source works

      All credit to Debian for actually reading the fine print but this isn't an open-source issue: the problem is that the clause was unenforceable:

      "You will not, and will not allow any third party to … publish or provide any Software benchmark or comparison test results."

      This actually means that anyone who distributes the updated microcode can only do so if they are in a position to enforce this condition upon their users, or indeed anyone else - the "third parties" - who download the update from their repositories. Clearly, neither Debian, nor any of the other distros that waived it through, have the ability or authority to enforce this condition and so can't comply with it.

      1. Nick Kew

        @LeeE

        the problem is that the clause was unenforceable

        No. That would be for lawyers (ultimately a court) to determine, and will inevitably vary between jurisdictions.

        This actually means that anyone who distributes the updated microcode can only do so if they are in a position to enforce

        "Enforce" in this instance meaning that you alert your users, by distributing Intel's notice. Putting it in an abandoned cellar behind a "beware of the leopard" sign (or perhaps something like in /etc/legalese/notices/intel/CVE-whatever-2018) should be fine, so long as they have it.

    4. DJO Silver badge

      Re: Open source works

      I'd sure as hell expect one working for Intel to understand CPUs, no different than I'd expect a lawyer working for Oracle to understand databases

      Not necessarily but I would expect them to pass their work to an expert in the field for checking before it's released. That's called "due diligence" and lawyers are supposed to do it.

      1. bombastic bob Silver badge
        Unhappy

        Re: Open source works

        when lawyers do 'due diligence' it can (and probably will) still end up as a one-sided boilerplate agreement.

        "Let's see, gives our client 100% rights in perpetuity, check. Limits the rights to complain or sue us, check. Requires mediation by our overpriced law firm only, check. Non-disclosure and non-compete agreements binding until 10 years after death, check..."

        (I guess only Debian and people like me read the fine print)

    5. Arctic fox
      Thumb Up

      @Gene Cash Re: ""duur, whut's a see pee yew?" "

      Indeed. When you are paid the salary of an enterprise lawyer you are expected to have background and context for your legal "expertise" in the business you are working for. See icon.

  3. ma1010
    Paris Hilton

    Hmmm

    Did somebody say "Streisand Effect"?

    1. gitano

      Re: Hmmm

      Streisand Effect... but no one links to a benchmark on the patch applied :D

    2. Doctor Syntax Silver badge

      Re: Hmmm

      Did somebody say "Streisand Effect"?

      Not in that lawyer's law school. Maybe it's something that should be on the curriculum.

      1. Uffish

        Re: Not in that lawyer's law school

        Corporate lawyers do what they are asked to do. Blame the Intel Marketing Dept.

    3. heyrick Silver badge

      Re: Hmmm

      "Did somebody say "Streisand Effect"?"

      Oh, you mean like that fancy school that is freaking out because somebody filmed a raunchy music video in the premises. Uh... clever...

  4. GnuTzu
    Megaphone

    No Benchmarks

    Silencing the tools for consumer reviews--as well as enterprise performance metrics used as diagnostics and in sizing--is not a way to please the market.

    But, this is kind of thing has reared its ugly head in the past, and it should have been killed off long ago. They should know better by now, and it's one of these things about which we'll have to be ever vigilant.

    1. Pascal Monett Silver badge

      Re: No Benchmarks

      Yes indeed. There should simply be a law stating that benchmarking is a perfectly normal thing to do and publishing said benchmarks is protected by Free Speech (aka these are the results I got in this situation).

      From that point on, companies can put whatever they want in their licensing terms, a judge will throw out any gag attempt on the spot.

      1. Aqua Marina

        Re: No Benchmarks

        Within the UK that has already happened. A court ruled that the right to review outweighed the contractual clause forbidding it. I’m struggling to find it at the moment, but I’ll persist.

  5. Anonymous Coward
    Anonymous Coward

    Cock-up or conspiracy?

    I know conspiracy theories are great, but this looks more like a mistake in releasing the code with the license that was used with customers who were doing pre-release, under NDA, testing, than a real attempt to prevent benchmarks.

    I know Intel can be stupid, but the lesser stupidity (releasing code with the wrong license) seems more likely to me than the larger one ("no benchmarks allowed").

    Maybe you can find the Intel release engineer and sign them up for your "On Call" series!

    1. Doctor Syntax Silver badge

      Re: Cock-up or conspiracy?

      "this looks more like a mistake in releasing the code with the license that was used with customers who were doing pre-release, under NDA, testing"

      You could be right but if the testing was done under NDA why would it be needed?

    2. Mike Lewis

      Re: Cock-up or conspiracy?

      You mean even Intel doesn't read their EULA?

    3. Anonymous Coward
      Anonymous Coward

      Re: Cock-up or conspiracy?

      I'm going for cock-up.

      I doubt the technical people would be concerned about releasing the updates under a more open licence given the targets (i.e. OS vendors) and would have understood the technical issues and potential harm if customers read the licence and objected.

      While the likes of Apple and MS and other larger companies can be confident of reaching a sensible outcome ("if you expect to enforce these, we will remove all updates from our OSes and let you deal with hardware manufacturers to get your CPU patches deployed"), it took one of the lesser vendors to make a stand.

      Between the security cock ups and the move to 10nm, Intel feels like a company that has matured to the point where they can no longer make the "right" move on anything for fear of jeopardising their revenue much like Big Blue 30 odd years ago...

      1. Anonymous Coward
        Joke

        Re: Cock-up or conspiracy?

        I'm going for cock-up.

        Your spam may be able to help with that.

        I'll get me coat.

    4. Ilgaz

      Re: Cock-up or conspiracy?

      Yes, they are so clever that Spectre happened at first place.

  6. Destroy All Monsters Silver badge
    Paris Hilton

    You can't expect a lawyer this. You can't expect a lawyer that.

    I thought this kind of customer-hostile bullshit had been found to be unenforcable in the US?

    There should be a law that whenever a company tries to pull some crap like that, a lawyer has to be publicly disheartened on a fake Aztec Pyramid in Vegas as Mel Gibson looks on.

    1. Anonymous Coward
      Anonymous Coward

      Re: You can't expect a lawyer this. You can't expect a lawyer that.

      " ... a lawyer has to be publicly disheartened ..."

      Do you mean ..... told s/he might not be getting all the yearly bonus/share options this year ?????

      :)

      P.S.

      If you were alluding to the Aztec habit of removing hearts etc ....

      I thought Corporate Lawyers did not have a heart !!! :) ;)

      1. A.P. Veening Silver badge

        I thought Corporate Lawyers did not have a heart !!! :) ;)

        You beat me to it, was also my first thought.

    2. John Brown (no body) Silver badge

      Re: You can't expect a lawyer this. You can't expect a lawyer that.

      "as Mel Gibson looks on."

      ...while screaming "You will never take our FREEEEEEDOMMMMM to benchmark!!!!"

  7. Dyspeptic Curmudgeon

    Now we can understand

    IIRC there was an announcement here (poss Arstech) which described the new chipsets which Intel was introducing.

    And mirabile dictu, there are upcoming chips *which have no HT*. Cannot remember if the i9 does or doesn't, but the i7 is the other way round. And this does not depend on the core count.

    So now we know why THAT has happened. No HT -> no slowdown from contention for the FPU, probably minor slowdown relatively but obscured by a clock speed jump, of course.

    1. Will Godfrey Silver badge
      Facepalm

      Re: Now we can understand

      I always though shared FPUs was a daft idea, especially for things like ray-tracing, or sound synthessis, both of which massively use FP calculations.

      1. Aitor 1

        Re: Now we can understand

        Most general processing is not FPU heavy, so it makes perfect sense!

      2. John Brown (no body) Silver badge

        Re: Now we can understand

        "I always though shared FPUs was a daft idea, especially for things like ray-tracing, or sound synthessis, both of which massively use FP calculations."

        I'm using an Intel box for video transcoding. Even pre-patch, it was a faster with HT turned off in the BIOS. I guess it's the FP contention you and others have mentioned.

        1. the spectacularly refined chap

          Re: Now we can understand

          HT does not add additional cores, it simply enables a core that is stalled on one task to get on with another while the stall clears. In that sense the entire core is contended. It isn't a clear win but it is to misunderstand the basic principal to complain in essence that a single core doesn't have two FPUs.

    2. Orv Silver badge

      Re: Now we can understand

      Ten years ago I used to routinely disable HT on servers because on CPU-intensive workloads it almost always resulted in worse performance. Note that in one case the "CPU-intensive workload" was just OpenVPN.

      I'm not sure if this was an inherent CPU design problem or the kernel scheduler getting confused. But HT has always been far from a clear win.

      1. the spectacularly refined chap

        Re: Now we can understand

        Quite possibly the latter. With HT the two logical cores are not equal - you have the lead core and the second essentially picks up the slack when the first is stalled so runs for only a small miniority of the time. If the scheduler is not aware of the distinction a process can get sqeezed by consitently being scheduled on the "reserve" core. Parodoxically this is more likely to causes issues systems that are otherwise underutilised - on a system with a lot of load on it processed get put on and pulled off cores frequently enough that everything evens itself out over not too long at all.

        1. Claptrap314 Silver badge

          Re: Now we can understand

          That's not the way that the threads worked on the STI Cell microprocessor, and it seems doubtful that Intel would do it either. At the level of the register file, the thread is simply a single bit set to either 0 or 1. Any kind of prioritization between the threads would require some fairly complicated logic in the queues in front of the execution units. And, as you observe, quite a bit of work from the complier as well.

  8. Lusty

    Unfair contract terms

    Write what you like in the terms US lawyers, some of us live in free countries where your contract isn't worth wiping an arse with anyway. The only thing that bothers me with EULA and similar is that I lose 0.2 seconds clicking "I agree" while laughing and having not read your unenforceable bullshit.

    1. BugabooSue

      Re: Unfair contract terms

      I so wish I could upvote this more!

      Just like the annoying ‘Anti-Piracy’ FBI warnings you still see on some videos (like on Netflix). Makes me smile wryly at the total overreach of it all.

      Even in the heavily-surveilled UK we have more “Freedom” than the Trumpian Distopia.

      (Currently!)

  9. Anonymous Coward
    Anonymous Coward

    > which is where is used to be

    IT

    1. Killfalcon Silver badge
      IT Angle

      AC, you passed up a perfect opportunity to use this icon ----->

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