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posted by martyb on Tuesday June 12, @01:49AM   Printer-friendly
from the software-maybe-free/libre,-but-attorneys-are-not dept.

Bruce Perens has a blog post on his site stating that the court has ordered Open Source Security, Inc. and Bradley Spengler to pay $259,900.50 to his attorneys. At issue was Bruce getting sued for pointing out that Grsecurity and their customers are involved in contributory infringement and breach of contract by deploying their product in conjunction with the Linux kernel under the no-redistribution policy employed by Grsecurity.

The court has ordered Open Source Security, Inc, and Bradley Spengler to pay $259,900.50 in legal fees to my attorneys, O’Melveny and Meyers. The court awarded about half what we asked for, courts usually do reduce awards. There is no new comment at this time, but please see my comment upon asking for the award of legal fees.

Here are all of the case documents.

Earlier on SN:
Bruce Perens Wants to Anti-SLAPP GRSecurity's Brad Spengler With $670,000 in Legal Bills (2018)
Grsecurity's Defamation Suit Against Bruce Perens Dismissed (2017)
Bruce Perens Warns of Potential Contributory Infringement Risk for Grsecurity Customers (2017)


Original Submission

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Bruce Perens Warns of Potential Contributory Infringement Risk for Grsecurity Customers 55 comments

Bruce Perens warns of potential contributory infringement and breach of contract risk for customers of GRSecurity:

Grsecurity is a patch for the Linux kernel which, it is claimed, improves its security. It is a derivative work of the Linux kernel which touches the kernel internals in many different places. It is inseparable from Linux and can not work without it. it would fail a fair-use test (obviously, ask offline if you don’t understand). Because of its strongly derivative nature of the kernel, it must be under the GPL version 2 license, or a license compatible with the GPL and with terms no more restrictive than the GPL. Earlier versions were distributed under GPL version 2.

Currently, Grsecurity is a commercial product and is distributed only to paying customers. My understanding from several reliable sources is that customers are verbally or otherwise warned that if they redistribute the Grsecurity patch, as would be their right under the GPL, that they will be assessed a penalty: they will no longer be allowed to be customers, and will not be granted access to any further versions of Grsecurity. GPL version 2 section 6 explicitly prohibits the addition of terms such as this redistribution prohibition.

By operating under their policy of terminating customer relations upon distribution of their GPL-licensed software, Open Source Security Inc., the owner of Grsecurity, creates an expectation that the customer’s business will be damaged by losing access to support and later versions of the product, if that customer exercises their re-distribution right under the GPL license. This is tantamount to the addition of a term to the GPL prohibiting distribution or creating a penalty for distribution. GPL section 6 specifically prohibits any addition of terms. Thus, the GPL license, which allows Grsecurity to create its derivative work of the Linux kernel, terminates, and the copyright of the Linux Kernel is infringed. The contract from the Linux kernel developers to both Grsecurity and the customer which is inherent in the GPL is breached.


Original Submission

Grsecurity's Defamation Suit Against Bruce Perens Dismissed 20 comments

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.

Previous: Linux Kernel Hardeners Grsecurity Sue Open Source's Bruce Perens
Bruce Perens Warns of Potential Contributory Infringement Risk for Grsecurity Customers


Original Submission

Bruce Perens Wants to Anti-SLAPP GRSecurity's Brad Spengler With $670,000 in Legal Bills 74 comments

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.


Original Submission

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  • (Score: 5, Informative) by Ethanol-fueled on Tuesday June 12, @01:52AM (1 child)

    by Ethanol-fueled (2792) Subscriber Badge on Tuesday June 12, @01:52AM (#691739) Homepage

    I remember you, Bruce. Take those fuckers out.

    • (Score: 0) by Anonymous Coward on Tuesday June 12, @06:42AM

      by Anonymous Coward on Tuesday June 12, @06:42AM (#691806)

      "I am Batmu . . . "

      "I am Bruce!"

      Monty Python "Bruce" ?

      Australian "Bruce"?

      Oh, "Bruce Perens" Bruce. Ok, nice he is fighting the good fight.

      After the total bollocks he did with "Open Source" in an attempt to sell out the free software movement to his desired (but ultimately lost) Corporate masters. Poor Bruce. At least he is not ESR, and not begging on the internets.

  • (Score: 2, Insightful) by anubi on Tuesday June 12, @07:51AM (1 child)

    by anubi (2828) on Tuesday June 12, @07:51AM (#691821)

    And fifty cents?

    --
    "Prove all things; hold fast that which is good." [KJV: I Thessalonians 5:21]
    • (Score: 1, Insightful) by Anonymous Coward on Tuesday June 12, @01:42PM

      by Anonymous Coward on Tuesday June 12, @01:42PM (#691884)

      The court awarded about half what we asked for

      Don't think the legal types don't have a sense of humour.

  • (Score: 4, Insightful) by FakeBeldin on Tuesday June 12, @09:31AM (5 children)

    by FakeBeldin (3360) on Tuesday June 12, @09:31AM (#691841) Journal

    Bruce Perens.... Bruce Perens.... the name rings a bell, but I can't quite put my finger on it at the moment.

    Can someone remind me which side to cheer for and why?
    (yes, too lazy to check the three links whose titles do not clarify which side to cheer for)

    • (Score: 0) by Anonymous Coward on Tuesday June 12, @02:01PM (1 child)

      by Anonymous Coward on Tuesday June 12, @02:01PM (#691894)

      RTFLinks

      • (Score: 3, Funny) by Anonymous Coward on Tuesday June 12, @03:20PM

        by Anonymous Coward on Tuesday June 12, @03:20PM (#691946)

        OK, I've read the links. All of them go to perens.com (not counting those under "Earlier on SN" which, of course, go to SoylentNews).

        I get it: We are supposed to cheer Perens, as the pages on his own site are most probably not exactly biased against him, right? :-)

    • (Score: 3, Funny) by darkfeline on Tuesday June 12, @06:58PM (2 children)

      by darkfeline (1030) on Tuesday June 12, @06:58PM (#692053) Homepage

      I read it as Brace Parens. Clearly a top notch C programmer.

      • (Score: 2) by Osamabobama on Tuesday June 12, @09:52PM (1 child)

        by Osamabobama (5842) on Tuesday June 12, @09:52PM (#692116)

        Is that "{()}" or "{}()"?

        --
        Appended to the end of comments you post. Max: 120 chars.
        • (Score: 0) by Anonymous Coward on Tuesday June 12, @11:11PM

          by Anonymous Coward on Tuesday June 12, @11:11PM (#692139)

          Okay, I know from experience what the left one is.
          What's the one on the right? Pictorial for 'gay' somehow?

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