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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: 2) by requerdanos on Saturday February 10 2018, @05:26PM

    by requerdanos (5997) Subscriber Badge on Saturday February 10 2018, @05:26PM (#636064) Journal

    If you want to exercise your rights [wrt] software... well you might just lose your ability to access that software

    With due respect, if you "might just" get penalized for exercising your basic rights, then they aren't rights at all, they are prohibitions enforced with said penalties.

    Within the context of security, inability to update to a current version is especially bad, because previous versions are the ones that tend to have the better-known exploits--so it's a harsh penalty for violation that prohibition*.

    * Prohibition: n. The act of prohibiting; a law or decree that forbids. ( []) Contrast with Right. n. a just claim or title, whether legal, prescriptive, or moral, or that which is due by just claim; ex. "You have the right to say what you want." ( []) This isn't Rocket Science n. A notoriously difficult area of the sciences, especially with respect to physics, treating the subject of convincing rockets (q.v.) to navigate as desired while interacting with comparatively powerful forces on a planetary, galactic, or universal scale.

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