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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: -1, Spam) by Anonymous Coward on Saturday February 10 2018, @01:08PM (2 children)

    by Anonymous Coward on Saturday February 10 2018, @01:08PM (#635990)

    Timeline is this:

    GRSec closes patches.
    MikeeUSA is unhappy about this.
    Informs Spengler that he is going to sue GRSec one way or another.
    MikeeUSA Complains on the chans, the linux mailing list, the debian mailing list, ubuntu mailing list, redhat mailing list, writes articles for websites such as this, explains how GRSec is violating the license, explains the law, etc.
    Everyone says MikeeUSA is nuts, not a lawyer, not a programmer either, etc.
    MikeeUSA contacts keyholders in the free/opensource community. RMS, Perens, etc.
    Discussion ensues (forwarded to linux and debian mailinglists).
    Perens publishes an article that mirrors MikeeUSA's legal opinion (with the exception of the contributory copyright addendum).
    Brad Spengler sues Perens.
    Spengler Loses...
    Judge tells him she doesn't see how his claims are not merit-less and hints that an anti-SLAPP action against Spengler would likely be successful.
    and here we are .

    But MikeeUSA is a fucking retard and isn't a programmer and doesn't know shit when it comes to law. Right? Right?

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  • (Score: 2) by c0lo on Saturday February 10 2018, @01:34PM (1 child)

    by c0lo (156) on Saturday February 10 2018, @01:34PM (#635998) Journal

    Somehow on that list of list MikeeUSA used doesn't contain Soylentnews.
    As such, why do you say

    when MikeeUSA spoke here about the GRSecurity issue you all said he was nuts.

    mmm?

    --
    https://www.youtube.com/watch?v=aoFiw2jMy-0
    • (Score: 0) by Anonymous Coward on Saturday February 10 2018, @03:56PM

      by Anonymous Coward on Saturday February 10 2018, @03:56PM (#636023)

      How does it feel?