Long-time Slashdot reader SlaveToTheGrind writes: As previously discussed on Slashdot, Grsecurity developer Security sued Bruce Perens for allegedly defamatory statements about Grsecurity’s licensing policies. Thursday, Magistrate Judge Laurel Beeler of the District Court for the Northern District of California dismissed the lawsuit, holding that Perens’s statements were not libelous:

“Mr. Perens counters, and the court agrees, that the blog posts are opinions about a disputed legal issue, are not false of fact, and thus are not actionable libel. . . . Mr. Perens — not a lawyer — voiced an opinion about whether the Grsecurity Access Agreement violated the General Public License. No court has addressed the legal issue. Thus, his “opinion” is not a “fact” that can be proven provably false and thus is not actionable as defamation.” While Open Source Security technically has the ability to amend its complaint to allege a new legal theory, Judge Beeler said any amendment likely would fall under California’s anti-SLAPP statute: “Mr. Perens’s statements were made in a public forum and concern issues of public interest, and the plaintiffs have not shown a probability of prevailing on their claims.”


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