from the test-for-GPL2 dept.
In late June, noted open-source programmer Bruce Perens warned that using Grsecurity's Linux kernel security could invite legal trouble.
"As a customer, it's my opinion that you would be subject to both contributory infringement and breach of contract by employing this product in conjunction with the Linux kernel under the no-redistribution policy currently employed by Grsecurity," Perens wrote on his blog.
The following month, Perens was invited to court. Grsecurity sued the open-source doyen, his web host, and as-yet-unidentified defendants who may have helped him draft that post, for defamation and business interference.
Grsecurity offers Linux kernel security patches on a paid-for subscription basis. The software hardens kernel defenses through checks for common errors like memory overflows. Perens, meanwhile, is known for using the Debian Free Software Guidelines to draft the Open Source Definition, with the help of others.
Linus Torvalds, who oversees the Linux kernel, has called Grsecurity's patches "garbage".
... (read the rest at the register)
The Infrastructure Investment and Jobs Act (IIJA) set aside $42.5 billion to be spent by the states on expanding access to affordable broadband. But state by state, telecom lobbyists are working hard to ensure that this money only goes toward "unserved" locations, and can't be used to potentially create competition in markets they already serve.
Last month we noted how states like Illinois, at the direct demand of companies like AT&T, have been passing restrictions on who can or can't access these funds. That includes blocking some cooperatives or local governments from building broadband networks. Since that's expressly forbidden by the IIJA, these states are risking all broadband funding
In other instances it's a bit more subtle than that. Missouri, for example, just passed a bill (once again directly demanded by AT&T) stating that "no federal funds received by the state, political subdivision, city, town, or village shall be expended for the construction of retail broadband internet infrastructure unless the project to be constructed is located in an unserved area or underserved area."
On its face it doesn't seem controversial. But if you know how the U.S. telecom sector and policy actually works, its intention becomes more clear. The bill doesn't just block funding for areas that are already served, it blocks access to projects in areas incumbent ISPs claim they might serve someday:
the current version of the bill would allow incumbent ISPs to block federal funding to competitors if they vaguely indicate they have eventual interest in upgrading an area. Historically, state and federal regulators in fealty to regional monopolies aren't consistent about following up on fiber deployment promises, potentially perpetuating longstanding Internet access coverage gaps.
El Reg reports
Linux kernel security biz Grsecurity's defamation lawsuit against open-source stalwart Bruce Perens has been dismissed, although the door remains open for a revised claim.
In June, Perens opined in a blog post that advised companies to avoid Grsecurity's Linux kernel security patches because it might expose them to claims of contributory infringement under the Linux kernel license, GPLv2.
Grsecurity then accused Perens of fearmongering to harm the firm's business, and sued him in July.
On [December 21], the judge hearing the case, San Francisco magistrate judge Laurel Beeler, granted [Perens'] motion to dismiss the complaint while also denying--for now--his effort to invoke California's anti-SLAPP law.
SLAPP stands for Strategic Lawsuit Against Public Participation, and describes legal complaints aimed at silencing public discourse and free speech. In 1992, California passed its anti-SLAPP statute to provide a defense against such legal bullying. Many other states and countries have similar laws.
In addition, Beeler denied Grsecurity's motion for summary judgment, which amounts to asking the judge to agree that the facts are so clear a ruling can be rendered without a trial.
"The court holds that Mr Perens's [sic] statements are opinions that are not actionable libel, dismisses the complaint with leave to amend, denies the anti-SLAPP motion without prejudice, and denies the motion for summary judgment", Judge Beeler ruled.
The page links to another article where Torvalds' opinion (similar in nature to Perens', but more colorful, as usual) was discussed in June.
From The Register:
After three years of legal wrangling, the defamation lawsuit brought by Brad Spengler and his company Open Source Security (OSS) against open-source pioneer Bruce Perens has finally concluded.... Spengler and OSS sued Perens for a June 2017 blog post in which Perens ventured the opinion that grsecurity, Open Source Security's Linux kernel security enhancements, could expose customers to potential liability under the terms of the General Public License (GPL).
OSS says that customers who exercise their rights to redistribute its software under the GPL will no longer receive software updates – the biz wants to be paid for its work, a problem not really addressed by the GPL. Perens, the creator of the open-source definition, pointed out that section six of the GPLv2 prohibits modifications of the license terms.
In December 2017, San Francisco magistrate judge Laurel Beeler determined that Perens had expressed an opinion as allowed under American law and dismissed the defamation claim. Perens then sought to recoup legal expenses under California's Anti-Strategic Lawsuits Against Public Participation (SLAPP) statute, [and] a month later he was awarded more than $526,000 in damages.
Spengler and OSS then appealed, and managed to get the award reduced to about $260,000, but not overturned.... Perens gets nothing personally for his trouble, but his legal team will be paid. O'Melveny & Myers LLP will receive $262,303.62 for the district court litigation (fees and costs) and $2,210.36 for the appeal (costs) while the Electronic Frontier Foundation will be paid $34,474.35 (fees) and $1,011.67 (costs) for its role in the appeal.
- Linux Kernel Patch Maker Says Court Case Was Only Way Out
- Court Orders Payment of $259,900.50 to Bruce Perens' Attorneys
- Bruce Perens Wants to Anti-SLAPP GRSecurity's Brad Spengler With $670,000 in Legal Bills
- Grsecurity's Defamation Suit Against Bruce Perens Dismissed
- Linux Kernel Hardeners Grsecurity Sue Open Source's Bruce Perens
- Bruce Perens Warns of Potential Contributory Infringement Risk for Grsecurity Customers