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posted by janrinok on Saturday February 10 2018, @01:08AM   Printer-friendly
from the slapp-me-again,-I-like-it dept.

http://www.theregister.co.uk/2018/02/08/bruce_perens_grsecurity_anti_slapp/
http://perens.com/2018/02/08/bruce-perens-seeks-mandatory-award-of-legal-fees-for-his-defense-in-open-source-security-inc-and-bradley-spengler-v-bruce-perens/

Having defeated a defamation claim for speculating that using Grsecurity's Linux kernel hardening code may expose you to legal risk under the terms of the GPLv2 license, Bruce Perens is back in court.

This time, he's demanding Bradley Spengler – who runs Open Source Security Inc and develops Grsecurity – foots his hefty legal bills, after Spengler failed to successfully sue Perens for libel.

Perens, a noted figure in the open source community, and his legal team from O'Melveny & Myers LLP – as they previously told The Register – want to be awarded attorneys' fees under California's anti-SLAPP statute, a law designed to deter litigation that aims to suppress lawful speech.

That deterrence takes the form of presenting unsuccessful litigants with the bill for the cost of defending against meritless claims.

"Plaintiffs Open Source Security, Inc. and Bradley Spengler sued Defendant Bruce Perens to bully him from expressing his opinions that Plaintiffs' business practices violate Open Source licensing conditions and to discourage others from expressing the same opinions," Perens' latest filing, submitted to a US district court in San Francisco today, declared.

"Rather than allowing the public to judge Plaintiffs' contrary opinions through public debate, Plaintiffs tried to 'win' the argument on this unsettled legal issue by suing him."

[...]

Perens is asking for $667,665.25 in fees, which covers 833.9 hours expended on the litigation by numerous attorneys and a $188,687.75 success fee agreed upon to allow Perens to retain representation he might not otherwise have been able to afford.


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  • (Score: 5, Informative) by requerdanos on Saturday February 10 2018, @02:54AM (6 children)

    by requerdanos (5997) Subscriber Badge on Saturday February 10 2018, @02:54AM (#635845) Journal

    Was it in fact meritless or did they just lose ? There is a huge difference.

    It was meritless; they sued him for saying what I said above [soylentnews.org], and for saying that participating in their licensing game might put you on risky legal footing. Which it very well might.

    Their lawsuit was a textbook SLAPP suit [anti-slapp.org]:

    SLAPPs are Strategic Lawsuits Against Public Participation. These... chill free speech and healthy debate by targeting those who... speak out on issues of public interest. SLAPPs are used to silence and harass critics by forcing them to spend money to defend these baseless suits. SLAPP filers don’t go to court to seek justice. Rather, SLAPPS are intended to intimidate those who disagree with them or their activities by draining the target’s financial resources.

    It was not filed because Perens was wrong (Perens wasn't wrong). It was filed because Perens pointing out GRSecurity's nonsense was damaging to GRSecurity continuing said nonsense.

    If Perens had just been wrong, GRSecurity probably would have published a rebuttal and gotten on with it. Perens' statements didn't damage GRSecurity so much as their own shady behavior which he called them out on.

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  • (Score: -1, Spam) by Anonymous Coward on Saturday February 10 2018, @06:53AM

    by Anonymous Coward on Saturday February 10 2018, @06:53AM (#635908)

    Note: What Perens wrote in his article, with the exception of the contributory copyright infringement claim, were the same arguments that MikeeUSA had been making for over a year. The reason for this may be that Perens was in correspondence with said entity. People here doubted that MikeeUSA was an attorney. One wonders if they still hold strong to that belief.

    One notes that the reason people doubted MikeeUSA is because he supported the old testament opinion that it was fine for men to marry female children.

  • (Score: 2) by archfeld on Sunday February 11 2018, @04:22AM (4 children)

    by archfeld (4650) <treboreel@live.com> on Sunday February 11 2018, @04:22AM (#636257) Journal

    Thanks for the information, and the further explanation. So much of this stuff, while extremely relevant is very esoteric and far outside my admittedly small scope of knowledge. I've a basic legal knowledge from a criminal and penal background in law enforcement but contract law is a whole different kettle of stinking fish.

    --
    For the NSA : Explosives, guns, assassination, conspiracy, primers, detonators, initiators, main charge, nuclear charge
    • (Score: -1, Troll) by Anonymous Coward on Sunday February 11 2018, @08:43AM (3 children)

      by Anonymous Coward on Sunday February 11 2018, @08:43AM (#636306)

      > I've a basic legal knowledge from a criminal and penal background in law enforcement but contract law is a whole different kettle of stinking fish.

      If it's difficult for you, then you're a moron.

      But what is to be expected from white men? White men oppose men taking cute young girls as brides (Allowed in Devarim chapter 22, verse 28 (hebrew)), since such is against the interests of "muh white wuman". The white man is a golem of the white woman. Her solider and her mule. Thus the white man opposes the god, and does the will of the "MUH WHITE WUMAN"

      • (Score: 1, Offtopic) by archfeld on Sunday February 11 2018, @08:22PM (2 children)

        by archfeld (4650) <treboreel@live.com> on Sunday February 11 2018, @08:22PM (#636428) Journal

        Since when is a Hebrew a white man ? The people of Israel are those of color. Unless you are stupid enough to buy the blond haired blue eyed Jesus figure. Bottom line what does religion or color have to do with the discussion? I'd say you are just so lacking in any degree of self confidence or self respect that you can't deal with a full grown women on a one to one basis and prefer your 'equal' to be a 12 year old girl.

        --
        For the NSA : Explosives, guns, assassination, conspiracy, primers, detonators, initiators, main charge, nuclear charge
        • (Score: -1, Offtopic) by Anonymous Coward on Monday February 12 2018, @08:10AM

          by Anonymous Coward on Monday February 12 2018, @08:10AM (#636607)

          The white man opposes the law of the hebrews.

          You read the statement incorrectly.
          The white man worships "muh white wuman", not the god.

          The white man's law is whatever is in the best interests of the white woman.
          This is why he opposes marrying cute young girls (something that is allowed in the hebrew law)

        • (Score: -1, Troll) by Anonymous Coward on Monday February 12 2018, @08:17AM

          by Anonymous Coward on Monday February 12 2018, @08:17AM (#636608)

          Most men's social equal is a virgin young girl.

          "Full grown adult women" are whores who have had sex with many men. That is their occupation. They are experienced professionals. They know how to work men.
          The set containing said 'many men' are, however, only 20 percent of the male population. This is the population that women who's profession is to be a woman choose.
          Professional Women reject the other 80 percent of men for having not enough money to be worth their while, or for not being equal in professionalism to themselves.

          The other 80 percent of men have little to no social experience of this nature.
          Their equal is the little girl.

          (The most the Professional Woman will allow said 80 percent of men is an economic marriage when she is 30 or older: where she soon divorces the provider drone and makes him a slave.)
          (To provide herself with this windfall, the Professional _WO_man bans men from taking female children as brides)