linux/Documentation/bpf/bpf_licensing.rst

=============
BPF licensing
=============

Background
==========

* Classic BPF was BSD licensed

"BPF" was originally introduced as BSD Packet Filter in
http://www.tcpdump.org/papers/bpf-usenix93.pdf. The corresponding instruction
set and its implementation came from BSD with BSD license. That original
instruction set is now known as "classic BPF".

However an instruction set is a specification for machine-language interaction,
similar to a programming language.  It is not a code. Therefore, the
application of a BSD license may be misleading in a certain context, as the
instruction set may enjoy no copyright protection.

* eBPF (extended BPF) instruction set continues to be BSD

In 2014, the classic BPF instruction set was significantly extended. We
typically refer to this instruction set as eBPF to disambiguate it from cBPF.
The eBPF instruction set is still BSD licensed.

Implementations of eBPF
=======================

Using the eBPF instruction set requires implementing code in both kernel space
and user space.

In Linux Kernel
---------------

The reference implementations of the eBPF interpreter and various just-in-time
compilers are part of Linux and are GPLv2 licensed. The implementation of
eBPF helper functions is also GPLv2 licensed. Interpreters, JITs, helpers,
and verifiers are called eBPF runtime.

In User Space
-------------

There are also implementations of eBPF runtime (interpreter, JITs, helper
functions) under
Apache2 (https://github.com/iovisor/ubpf),
MIT (https://github.com/qmonnet/rbpf), and
BSD (https://github.com/DPDK/dpdk/blob/main/lib/librte_bpf).

In HW
-----

The HW can choose to execute eBPF instruction natively and provide eBPF runtime
in HW or via the use of implementing firmware with a proprietary license.

In other operating systems
--------------------------

Other kernels or user space implementations of eBPF instruction set and runtime
can have proprietary licenses.

Using BPF programs in the Linux kernel
======================================

Linux Kernel (while being GPLv2) allows linking of proprietary kernel modules
under these rules:
Documentation/process/license-rules.rst

When a kernel module is loaded, the linux kernel checks which functions it
intends to use. If any function is marked as "GPL only," the corresponding
module or program has to have GPL compatible license.

Loading BPF program into the Linux kernel is similar to loading a kernel
module. BPF is loaded at run time and not statically linked to the Linux
kernel. BPF program loading follows the same license checking rules as kernel
modules. BPF programs can be proprietary if they don't use "GPL only" BPF
helper functions.

Further, some BPF program types - Linux Security Modules (LSM) and TCP
Congestion Control (struct_ops), as of Aug 2021 - are required to be GPL
compatible even if they don't use "GPL only" helper functions directly. The
registration step of LSM and TCP congestion control modules of the Linux
kernel is done through EXPORT_SYMBOL_GPL kernel functions. In that sense LSM
and struct_ops BPF programs are implicitly calling "GPL only" functions.
The same restriction applies to BPF programs that call kernel functions
directly via unstable interface also known as "kfunc".

Packaging BPF programs with user space applications
====================================================

Generally, proprietary-licensed applications and GPL licensed BPF programs
written for the Linux kernel in the same package can co-exist because they are
separate executable processes. This applies to both cBPF and eBPF programs.