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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: 0) by Anonymous Coward on Monday February 12 2018, @08:38AM

    by Anonymous Coward on Monday February 12 2018, @08:38AM (#636611)

    Before Bruce Perens published his article, everyone was saying MikeeUSA's analysis was wrong.
    You might notice that Bruce Perens article has the same rhyme and meter, in places, as MikeeUSA's emails to Bruce Perens (which can be seen on the public debian mailing lists) on the issue from a week prior to the publication.

    Only after Bruce Perens published the points MikeeUSA made did anyone* in the opensource community acknowledge it's correctness.
    Most laughed at MikeeUSA claiming he was neither a programmer nor a lawyer, and then repeated their own argument about since the additional term is not penned into the very text of the GPL file all is kosher.
    They also said that no one who likes cute young girls and accepts (Devarim chapter 22, verse 28, hebrew) child marriage of girls as fine, could ever have the mental capacity to be a programmer or attorney.

    *Other than other lawyers.