Can the United States ban China from using linux?

The United States has no right to ban enterprises in other countries from using linux. As an open source project, any country or company has the right to use linux. At the same time, America is a country. Although the United States has always pursued hegemonic power politics, it cannot interfere in commercial activities even if it is politically tough in the United States.

Many people worry that the United States will restrict our use of Linux. Linux is actually a kernel, which can be obtained by anyone who abides by its rules and is not controlled by any country, enterprise or individual. In other words, the United States has no right to restrict the export of Linux, and the whole world can use Linux without being affected. Simply put, any Linux distribution is equipped with a Linux kernel, otherwise it does not belong to the Linux operating system.

For example, MX Linux 18.2 is equipped with Linux 4. 19.5 kernel, MX Linux 18.2 is a closed-source operating system developed by Microsoft, and MacOS is a closed-source operating system developed by Apple, both of which are American companies. These two operating systems can restrict us in the United States. In addition, although Android is also developed based on Linux kernel.

Although the trade war between the United States and other countries has intensified recently, it has affected many industry companies and many enterprises. In fact, as an open source project, linux does not belong to any country, but can be used by developers in every country and will contribute to the development of the linux community.

The American Open Source Software Protection Act will instruct the Office of Management and Budget to provide guidance on how to use open source software safely.

On Thursday, US lawmakers put forward a request that the US Cyber Security and Infrastructure Security Agency (CISA) should establish a risk framework to improve the security of open source software. In order to reduce the risk of systems that rely on open source code, institutions will use this framework, and CISA will decide whether key infrastructure owners and operators can also use it voluntarily.

Most systems rely on open source software provided free of charge and maintained by the community to build websites and applications; One of the biggest users is the United States federal government. This legislation was put forward by the chairman and senior member of the US Homeland Security Committee, Ohio, and the party senators Rob Portman, R-Ohio and Gary Peters D-Mich after a hearing, in order to respond to the serious and extensive Log4j vulnerabilities found in open source code, which affected the US federal system and millions of other systems around the world.

"This incident poses a serious threat to the federal system and key infrastructure companies, including banks, hospitals and utilities, which Americans rely on to provide basic services every day," Peters said in the announcement. "This wise bipartisan legislation will help protect open source software and further strengthen our network security defense to prevent cyber criminals and foreign opponents from constantly attacking the national network."

The Open Source Software Protection Act also requires the U.S. Office of Management and Budget to issue guidelines for the protection of open source software for institutions, set up a software security subcommittee in CISA's network security advisory committee, and require CISA to hire open source software experts to assist in handling network incidents.

Prior to this, the proposal of Peters and Portman has been unanimously passed by the US Senate and signed into law to strengthen the cyber defense of state and local governments and force the owners and operators of key infrastructure to report major cyber attacks and ransomware payments to CISA.

legal ground

Article 24 of the Regulations on the Protection of Computer Software in People's Republic of China (PRC) (hereinafter referred to as the "Regulations on Protection") stipulates: "Except as otherwise provided by the Copyright Law of People's Republic of China (PRC), these Regulations or other laws and administrative regulations, anyone who commits the following infringement without the permission of the software copyright owner shall bear civil liabilities such as stopping the infringement, eliminating the influence, making an apology and compensating for the losses according to the situation; At the same time, if the public interest is harmed, the copyright administrative department shall order it to stop the infringement, confiscate the illegal income, confiscate and destroy the infringing copy, and may also impose a fine; If the circumstances are serious, the copyright administrative department may also confiscate the materials, tools and equipment mainly used for making infringing copies; Anyone who violates the criminal law shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law on the crime of infringing copyright and selling infringing copies:

(1) Copying or partially copying the software of the copyright owner;

(2) distributing, renting or disseminating the software of the copyright owner to the public through the information network;

(3) Deliberately avoiding or destroying the technical measures taken by copyright owners to protect their software copyright;

(4) Deliberately deleting or changing the electronic information of software rights management;

(5) Transferring or licensing others to exercise the software copyright of the copyright owner.