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Grsecurity's Defamation Suit Against Bruce Perens Dismissed

Accepted submission by -- OriginalOwner_ at 2017-12-23 09:51:02 from the opinions-are-like-noses:-everybody-has-one dept.
Digital Liberty

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, per 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 []

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