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) 
<jonathan.w.hood6....@army.mil>
Sent: Wednesday, November 1, 2023 10:49 AM
To: CWE Research Discussion <cwe-research-list@mitre.org>
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 <k...@seifried.org<mailto:k...@seifried.org>>; Christey, 
Steven M. <co...@mitre.org<mailto:co...@mitre.org>>
Cc: Wheeler, David A CTR (US) <dwhee...@ida.org<mailto:dwhee...@ida.org>>; 
Buttner, Drew <abutt...@mitre.org<mailto:abutt...@mitre.org>>; CWE Research 
Discussion <cwe-research-list@mitre.org<mailto:cwe-research-list@mitre.org>>
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:k...@seifried.org]

Sent: Thursday, August 23, 2018 3:11 PM

To: Christey, Steven M. <co...@mitre.org<mailto:co...@mitre.org>>

Cc: Wheeler, David A CTR (US) <dwhee...@ida.org<mailto:dwhee...@ida.org>>; 
Buttner, Drew <abutt...@mitre.org<mailto:abutt...@mitre.org>>; CWE Research 
Discussion <cwe-research-list@mitre.org<mailto:cwe-research-list@mitre.org>>

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 
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________________________________







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. <co...@mitre.org < 
Caution-mailto:co...@mitre.org 
<mailto:co...@mitre.org%20%3c%20Caution-mailto:co...@mitre.org%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

k...@seifried.org<mailto:k...@seifried.org> < Caution-mailto:k...@seifried.org >

CLASSIFICATION: UNCLASSIFIED



From: Wheeler, David A dwhee...@ida.org<mailto:dwhee...@ida.org>
Sent: Wednesday, August 22, 2018 11:36 AM
To: Kurt Seifried k...@seifried.org<mailto:k...@seifried.org>; Buttner, Drew 
abutt...@mitre.org<mailto:abutt...@mitre.org>
Cc: CWE Research Discussion 
cwe-research-list@mitre.org<mailto:cwe-research-list@mitre.org>
Subject: [Non-DoD Source] RE: Request for CWE: Improper Licensing (UNCLASSIFIED)



All active links contained in this email were disabled. Please verify the 
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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:k...@seifried.org]
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 <abutt...@mitre.org < 
Caution-mailto:abutt...@mitre.org <mailto:abutt...@mitre.org %3c 
Caution-mailto:abutt...@mitre.org > > > 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: 
owner-cwe-research-l...@lists.mitre.org<mailto:owner-cwe-research-l...@lists.mitre.org>
 < Caution-mailto:owner-cwe-research-l...@lists.mitre.org >  
[Caution-mailto:owner-cwe-research-l...@lists.mitre.org < 
Caution-mailto:owner-cwe-research-l...@lists.mitre.org > ] 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 
<cwe-research-l...@lists.mitre.org < 
Caution-mailto:cwe-research-l...@lists.mitre.org 
<mailto:cwe-research-l...@lists.mitre.org %3c 
Caution-mailto:cwe-research-l...@lists.mitre.org > > >
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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