Intel Statement on Benchmark Clause: “We Are Updating the License”

Intel has provided GamersNexus with a statement that addresses concerns pertaining to a new “benchmarking clause.” This comes after Bruce Perens published a story entitled “Intel Publishes Microcode Security Patches, No Benchmarking Or Comparison Allowed!” As one might expect, the story has exploded online since this publication.

The crux of the issue comes down to Intel’s Spectre and Meltdown microcode updates, which aim to mitigate vulnerabilities and attack vectors that were exposed for nearly all CPUs (since the 90s) late last year. GamersNexus previously worked to interview some of the expert researchers who discovered Meltdown and Spectre, all published in this article. We’d recommend the read for anyone not up-to-date on the attack vectors.

In Perens’ post, the author highlighted the following clause in Intel’s licensing agreement for the latest CPU microcode update:

“You will not, and will not allow any third party to (i) use, copy, distribute, sell or offer to sell the Software or associated documentation; (ii) modify, adapt, enhance, disassemble, decompile, reverse engineer, change or create derivative works from the Software except and only to the extent as specifically required by mandatory applicable laws or any applicable third party license terms accompanying the Software; (iii) use or make the Software available for the use or benefit of third parties; or (iv) use the Software on Your products other than those that include the Intel hardware product(s), platform(s), or software identified in the Software; or (v) publish or provide any Software benchmark or comparison test results.”

The final sentence is the one that caused concern.

GamersNexus reached-out to Intel for comment. The company noted that more updates will be available later, but immediately noted that the licensing agreement is being updated to reflect concerns from the community. Intel’s statement reads: “We are updating the license now to address this and will have a new version available soon. As an active member of the open source community, we continue to welcome all feedback.”

We will post additional information as Intel follows-through on its updates to the license.

Editorial: Steve Burke