Re: Yes you have standing to sue GRSecurity

[Paul G. Allen]

I have not contributed to the kernel for some time (I have been
working on some stuff, but nothing that's been contributed), so I
don't know if any of my code would be infringed (or if it's even in
the latest kernels).

My work was on AGP and VIA drivers, so I am wondering if GRSecurity's
patches affect that code?

Thanks,

PGA

On Sat, Jul 29, 2017 at 7:06 AM,  <nisus@xxxxxxxxxx> wrote:
> It has come to my attention that some entities are claiming that you, dear
> Linux Hackers, (1)need to go through some foundation or get some permission
> from upon high in-order to sue the progenitors of GRSecurity for their
> violation of section 6 of the terms underwhich the linux kernel is
> distributed (version 2 of the GPL). And, furthermore, that (2)this
> foundation has no intention of bringing such a suit.
>
> (1) is false.
> (2) may very well be true.
>
> You do have standing to sue GRSecurity for their blatant continuing
> copyright violation if GRSecurity has made a derivative work of your code
> contribution to the Linux Kernel as-long as (a)you have not assigned your
> copyrights, and (b)you are not a work-for-hire.
>
> How do you know if you are a work for hire or if you have signed away your
> copyrights?
> If you are working for a company and as your job duties you are programming
> the linux kernel, there is a good chance that you are a work for hire and
> thus the company owns said copyrights.
>
> How do you know if you signed away your copyrights? Well if you singed a
> document transferring ownership of your copyrights for the code you produced
> at some point.
>
> If you are not working for a company while hacking linux and you haven't
> assigned your copyrights away then YOU OWN YOUR CONTRIBUTIONS.
>
> This means most of you hobby hackers, if GRSecurity has modified your code,
> YES YOU HAVE STANDING TO SUE.
>
> Yes your "betters" are lying to you.
> You have individual separate standing to sue.
>
> Yes you SHOULD consult a lawyer of your own.
> Yes you SHOULD consider a joint filing with other individual rights-holders
> willing to bring suit against GRSecurity for their blatant violation of your
> terms, and yes you should consider starting CLASS ACTION since the number of
> Linux Kernel Contributors seemingly numbers in the multitudes upon
> multitudes upon multitudes.
>
> And yes, I am an attorney.
> But no, I'm not looking for clients. Just correcting some false information
> that has been spreading.
>
> And yes, GRSecurity will try to claim that the linux-kernel is a work of
> Joint ownership (so as to shield themselves via procedural law) and yes they
> will try to claim fair use (probably de minimus), and yes your Lawyer will
> have to respond to these claims. The Joint ownership claim will go down
> quickly but it will have to be responded to. De minimus Fair Use depends on
> how much code is modified and how signifigant the modifications are. Don't
> let anyone but your own legal council dissuade you from bringing suit:
> Remember the statute of limitations is only a few years, so the clock is
> ticking on the CURRENT violation.
>
> Also make sure you register your copyright of the version of the
> linux-kernel that GRSecurity is using in its violation prior to bringing
> suit. The registration must be for the specific version. Yes you can
> register after the violation has occurred, however if you have registered
> before the violation then you can also pursue recovery of legal fees, pursue
> statutory damages, etc.
>
>
> ( NOTE: If you would like to read on how your copyright is being violated by
> GRSecurity, Bruce Perens posted a good write-up on his web-page )
> (
> perens.com/blog/2017/06/28/warning-grsecurity-potential-contributory-infringement-risk-for-customers/
> )
> ( There was also a discussion on the linux section of slashdot, and on the
> debian user mailing list, and on the dng devuan mailing list and on the
> openwall mailing list and the fedora legal mailing list )
>



-- 
Paul G. Allen, BSIT/SE
Owner, Sr. Engineer
Random Logic Consulting
www.randomlogic.com