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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.

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 Anonymous Coward on Saturday February 10 2018, @06:37AM (2 children)

    by Anonymous Coward on Saturday February 10 2018, @06:37AM (#635898)

    You left out a nice comment by Linus on the GR folk

    The thing is a joke, and they are clowns. When they started talking about people taking advantage of them, I stopped trying to be polite about their bullshit. Their patches are pure garbage.

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  • (Score: 0) by Anonymous Coward on Saturday February 10 2018, @07:14AM (1 child)

    by Anonymous Coward on Saturday February 10 2018, @07:14AM (#635914)

    The patches are not pure garbage. Linus is not an expert on security.
    (With the CPU backdoors, however, such security may be functionally irrelevant in the real world)

    • (Score: 0) by Anonymous Coward on Saturday February 10 2018, @06:09PM

      by Anonymous Coward on Saturday February 10 2018, @06:09PM (#636079)

      Note his words, the PATCHES are garbage, not the actual changes. When Spengler tried to mainline some of the changes to the kernel, he submitted them as a single gigantic diff of around a million changes. Which, at best was really an effort to reduce the amount of work he has to do (since it wasn't a fully up-to-date patch), or at worst, knowing they would be rejected. And, why wouldn't or shouldn't something like that get rejected? He knows the rules and has to follow them like everyone else.