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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
(Score: 0) by Anonymous Coward on Sunday December 24 2017, @08:06AM (3 children)
What does it matter that anti-SLAPP was not granted?
(Score: 4, Informative) by Runaway1956 on Sunday December 24 2017, @10:47AM (1 child)
I kinda think the judge kicked the can down the road on that. GPL and similar licenses are still rather new, as licenses go. They've not had thousands of cases decided, or tens of thousands. The judge didn't want to set a precedent in this case. He probably should have granted it, IMO, but I don't feel real strongly about it. In effect, someone offered an opinion that a violation of the GPL was taking place, and that person was sued in an attempt to stifle him from voicing his opinion. And, that's what SLAPP is all about, isn't it? To protect dissident voices from being financially destroyed with frivolous cases?
Had the judge granted the SLAPP request, we would be less likely to see this same thing happen again. The best outcome for open source licensing in this case now, is for someone to file suit against GRC for violating the GPL, and win. But, the SLAPP will have to be decided with some other case, in some other venue. And, it may be decided wrong. Our politicians and judges seem to have little problem with deep pockets dragging the little man through the courts and bankrupting him.
“I have become friends with many school shooters” - Tampon Tim Walz
(Score: 0) by Anonymous Coward on Monday December 25 2017, @07:39PM
In many jurisdictions, anti-SLAPP claims can only be a counterclaim and given the weak claims and the fact this was a FRCP 12(b) motion, denial of the anti-SLAPP isn't completely surprising, despite the fact that the MSJ by the plaintiff would tend to tip it more towards granting the anti-SLAPP.
The real question right now is what GRSecurity does. The judge followed the standard procedure of giving the plaintiff another attempt at coming up with an actionable claim and basically outlined what they would have to be in order to have it survive. It also indirectly baited the plaintiff because if he really believes his claims, GRSecurity would try again or ask for a declaratory suit against all licensees. But, the judge made crystal clear that the former would run the great risk of anti-SLAPP sanctions. Furthermore, the latter is a great way for a business to commit suicide if they can't get all licensees on board.
(Score: 4, Informative) by sjames on Sunday December 24 2017, @05:18PM
Had anti-SLAPP been granted, Grsecurity would have to pay Perens' legal expenses.
(Score: 5, Informative) by KritonK on Sunday December 24 2017, @11:05AM (15 children)
From Strunk and White [wikipedia.org], third edition, Chapter 1 (Elementary Rules of Usage), Paragraph 1 (i.e., the most elementary of elementary rules):
[also sic]
Not quite what I was taught, when learning English as a foreign language, but valid English none the less.
(Score: 3, Funny) by coolgopher on Sunday December 24 2017, @11:49AM (8 children)
But what about the exceptions? You can't have rules without exceptions. Except if you're German in which case you mostly have exceptions *cough *
(Score: 0) by Anonymous Coward on Sunday December 24 2017, @01:22PM
Every language seems full of exceptions huh?
Here, let me coin a new, totally legit English word:
Oureliac.
It is spelled exactly like the word "ORC".
Why?
No reason at all. A mere conventional spelling out of my arse. Same method employed for all the other English words.
(Score: 2) by LoRdTAW on Sunday December 24 2017, @03:13PM (5 children)
You want an exception? no problem! If the s is not pronounced then you only add an apostrophe with nothing after it. source: http://blog.apastyle.org/apastyle/2013/06/forming-possessives-with-singular-names.html [apastyle.org]
(Score: 2) by aristarchus on Sunday December 24 2017, @10:11PM (2 children)
That is only for Greek or Latin names, where there is a perfectly cromulent genitive case to denote possession. Engish could do this as well, but usually marks case with prepositions; e.g.: "Bruce's dog" as opposed to "dog of Bruce".
(Score: 0) by Anonymous Coward on Monday December 25 2017, @07:05PM (1 child)
PaulBSmith - is that you? https://imgoat.com/uploads/2c420d928d/70835.png [imgoat.com]
(Score: 2) by aristarchus on Tuesday December 26 2017, @12:44PM
No. Why do you ask?
(Score: 2) by coolgopher on Monday December 25 2017, @12:01AM (1 child)
At least down here, another major exception seems to be with non-names: https://www.ef-australia.com.au/english-resources/english-grammar/forming-possessive/ [ef-australia.com.au]
Maybe the "always 's" is an Americanism? It is Strunk & White after all... Ah English, you're always so consistent and easy to predict <3
(Score: 2) by LoRdTAW on Monday December 25 2017, @04:04AM
It's the C++ of languages. It started out simple and had a bunch of stupid shit bolted on as it grew.
(Score: 3, Insightful) by KritonK on Sunday December 24 2017, @05:52PM
They do mention exceptions, but they don't apply in this case. So, it's still "Perens's", according to Messrs. Strunk and White.
(Score: 2) by Bot on Sunday December 24 2017, @01:25PM
English is cacophonic already, what's a s's going to make worse.
Account abandoned.
(Score: 0) by Anonymous Coward on Sunday December 24 2017, @02:45PM
I'm now remembering now how someone here busted me on that before.
Apparently, the lesson didn't take the first time.
Not quite what I was taught
Yeah. Same here.
-- OriginalOwner_ [soylentnews.org]
(Score: 2) by sjames on Sunday December 24 2017, @07:06PM (3 children)
That's the thing about prescriptive guides to English, they're just opinions. They may be good opinions. They may lend clarity, but they do not make anyone doing something different "wrong".
(Score: 0) by Anonymous Coward on Sunday December 24 2017, @10:15PM
Kinda like neo-Nazism, and whit-supremacy. Just different opinions. Not very good opinions, but opinions none the nevertheless irregardless-ly.
(Score: 0) by Anonymous Coward on Sunday December 24 2017, @11:05PM (1 child)
Unless your English or journalism teacher subscribes to one of these opinions.
(Score: 2) by sjames on Monday December 25 2017, @07:27AM
In which case it will hold true until next year's professor holds to a different guide.