Bonum Certa Men Certa

An Interview With Pamela Jones, Founder and Editor of Groklaw

When Pamela Jones, better known as PJ, started Groklaw, a web site devoted to covering and explaining legal cases in the news of interest to the Free Software and Open Source communities, she preferred to remain anonymous and showed no desire to become well-known. Groklaw nevertheless became extremely popular very quickly, and it quickly established itself as the place to go for information on latest developments in the SCO litigations. It also covers news about patents, standards, licenses, and numerous other topics of interest to Groklaw's readers. It corrects misinformation, otherwise sometimes known as FUD, or fear, uncertainty and doubt. And it's a site where a large group of volunteers do group legal research.



Jones was recently honored with a Knowledge Masters Award for Innovation by the Knowledge Trust and the Louis Round Wilson Academy, an annual award given to individuals who "further the creative and innovative use of, and balanced access to, the world's recorded knowledge." She also was one of the five winners this year of a Google-O'Reilly Open Source Awards at OSCON, in her case for "Best FUD Fighter." In this Q & A, she explains how Groklaw operates, what its purposes include, and where it is likely to head in the future.



Q: Groklaw appears to have established itself as an authority in areas where law meets technology. Can you foresee a point in the future where Groklaw will shift its focus away from Linux and open source in favor of coverage of issues like censorship, copyrights, and fair use?



Pamela Jones: We cover copyrights and fair use now. Basically, Groklaw covers IP law, because that's my area of training, and I try to cover litigation of interest to the community, so I'm doubtful that anything would ever take us away from Linux and FOSS.

It's core. I don't think I'd ever expand into censorship. We don't cover politics at all on Groklaw.



Q: Many people have been anticipating the demise of SCO since its controversial litigation began. After 4 long years, signs of an inevitable demise started to appear and even materialize. Has the Groklaw community ever offered any sympathy to SCO? Was there an attempt to separate the managerial and legal aspects of SCO from more technical ones?



PJ: People say that now, that they always thought SCO would fail, but I remember it differently. When Groklaw began, as I remember it, we stood pretty much alone.

handshakeAs for sympathy, I made a decision early on to concentrate only on the entities, ideas, and actions, not on individuals. I don't want ad hominem comments either. It's unseemly, hurtful, and unnecessary.

Personally, I have never wished for SCO's "demise", as you put it. I would be happier if they'd simply altered course and stayed in the Unix and Linux business. They certainly could have. It's sad to see people losing their jobs because of management decisions to chase such a strange litigation strategy. Had SCO chosen to stay in the Linux business, they could have made money. Red Hat is.

If FUD over Linux was the goal instead, then SCO must bear responsibility for the results of that decision. I can't admire such a course. But, yes, I feel for the people as people. I don't lose empathy for fellow humans, even when I disapprove of their conduct.

However, SCOsource was in my opinion an improper attempt to make money from the hard work of others, without a legitimate basis, and to make the market believe Linux was legally tainted when it was not. And had it been successful, it would have caused a lot of harm to human beings and businesses in the FOSS community, who have every right to compete in the marketplace without such harassment. So I have empathy for them even more so.

It's a bit like seeing an adult steal candy from a baby. If you saw that adult with a flat tire, you'd stop and help him. He's a fellow human in distress, after all. But when he grabs the baby's candy, you'll still step in, because it's wrong for a grownup to steal a baby's candy, just because he wants it and thinks he can get away with it.



Q: Looking ahead, which cases does Groklaw have its eyes on? Groklaw seems to be already engaged in covering the NetApp-Sun Microsystems case, but are there are other cases that will consistently receive attention?



PJ: Obviously, patent cases are now stage front and center. But we also have an arrangement now where any lawyer can contact me and ask technical questions of our members. I mean any, by the way. Let's say he or she faced doing a deposition of a technical expert. Asking Groklaw for tips in advance can be helpful. It's an added resource.



Q: What would be your advice to firms which hold what they believe to be valuable intellectual assets that bring no revenue? Should these firms consider resorting to legal action? Does it matter if the legal case might invoke the wrath of open source development communities?



PJ: I don't give legal advice. But on your last question, I think it's not a question of the community's "wrath". It's a question of knowledge. If a company files a silly lawsuit, the community will recognize it for what it is.

What is so unique about IP and FOSS is that computers are a relatively recent thing. So is FOSS. So there are people still alive who remember very well the early days, the beginnings. That has implications for prior art searching, for example. It had implications in the SCO litigation, because when SCO made broad claims in the media, there were people saying, "That's not so. I was there. It was like this..."

That can make a significant difference legally.



Q: Groklaw's coverage of OpenXML/ODF affairs has become symbolic of the powers of collaboration in an Internet era. It showed that stories can explored at a level of detail that is overlooked or unexplored by traditional media. Do you think that journalism can be improved by pooling the knowledge of more people? How about reduced editorial control? Are the benefits outweighed by the danger of publicly exposing details that are too sensitive?



PJ: I do believe that people want more information than they get from the traditional media. Groklaw is Exhibit A for that proposition, and with no space constraints, why not give it to them? You don't have to have reduced editorial control just because a lot of people are contributing. The Linux kernel, for example, is like a pyramid, with Linus and Andrew Morton at the top of the point. Anyone can contribute, but nothing goes into the kernel ultimately unless they approve it, so there is a filtration system. Groklaw is the same.

“I can imagine, however, a circumstance where Groklaw might petition a court for more transparency, but it hasn't happened yet.”And Groklaw isn't just journalism. That is part of it, but it's not all of it. I'm not trying to be the New York Times. It's a collaborative site, where we research together.

Legal research as a group does present questions of sensitivity. There are rules by the courts sometimes about confidentiality. I invariably abide by those rules. I can imagine, however, a circumstance where Groklaw might petition a court for more transparency, but it hasn't happened yet. But I know that being able to keep certain matters confidential in the legal process is very important. Here's why: anybody can sue anybody. They may not win, but they can start the process. Now, if all you had to do to spill everyone's private life and business matters in public was to sue them or be sued, no one would want to participate in the legal process, even if they had a legitimate complaint. It's vital that individuals and businesses be able to resolve disputes without all their private business secrets and personal matters being made public. So I respect those rights, just as I'd want my own privacy to be respected.

That's a difference between doing Groklaw and writing software. There aren't such privacy issues in software development.



Q: About a year ago, the notion of "crowdsourcing" was introduced. It was akin to open-source reporting and a few months ago, some people argued that it failed miserably due to lack of consensus, hidden interests, and complexity. What would be your advice -- from an editorial point-of-view -- to those who fail to coordinate a joint (or multi-player, so to speak) publication? What model would be most effective?



PJ: I'd say you need a pyramid setup in any collection of information. Consensus can't work as well. Some people know more than others about a subject, so they need to have more influence. That is the essence of a meritocracy. You want no barriers to entry to contribute information. That informational flow must be totally free. But as it filters upward, you need people you can trust, who actually are skilled in that area and have the expertise to know what is valuable information and what is junk. And you need a person at the end of the process to make final decisions. That is how Groklaw is set up. So is the Linux kernel.

“You want no barriers to entry to contribute information. That informational flow must be totally free.”It certainly can and does happen that folks contribute information without even knowing why it matters legally. I might recognize an angle that they have no awareness of because they have no legal-related training or experience, but they still end up contributing the most meaningful piece. Or members will see some technical point that I absolutely wouldn't have noticed or known about at all. I have people who are skilled in that area to advise me on picking out the gems there, and I am not so foolish that I overrule them, because I know what I know and what I only sort of know. So everyone contributes what they know best. Over time, I find out who is good at what tasks, so that's what I ask them to do more of.

But you have to have a final decision maker, or a group. Otherwise, you end up doing nothing but discussing process and whether or not to do Z or X or Y.



Q: The depth of coverage and scale of Groklaw is immense. How do you manage to locate past writings of yours and organize resources that you use to conduct research?



PJ: I wrote it, so I remember it. I know how Groklaw is set up, and I remember the general order of events, so I can go through the Archives by date or by keyword. We also have a search engine.

Computers are wonderful, but so is the human brain. When you have a lot of human brains working together, it's powerful. The other day, for example, I wrote an article about a SCO filing, and I didn't remember one very important detail about the APA between Santa Cruz and Novell, an amendment which altered the terms. An anonymous reader left a comment that reminded me of that amendment. That happens a lot. And when it happens, I'll add it to the article, to make it more useful not only now but for historians.

That is the secret of Groklaw, so many thousands of skilled people who each may remember one piece of the whole that the rest of us forgot and when you add all such contributions together, it's really valuable. I learn a lot from Groklaw myself.



Q: Have you ever had any regrets about being unable -- whether because of time constraints or physical capacity -- to closely follow and cover a particular issue?



PJ: Yes. There have been several cases I wanted to follow in more depth but just lacked the time.



Q: At times, Groklaw appears to set its focus on ethical and humanitarian causes. Were there any times when you felt like you could serve your readers better by stepping outside the realms of technology altogether in order to cover completely different topics? Let's assume that preferences, background, and interests of the existing readers are not an issue here.



PJ: No. I like doing what I'm doing. I care about being a decent, ethical person, and obviously the entire community felt a moral outrage at what SCO was doing, so that's probably why you got that impression, but Groklaw isn't cause-based. I'm realistic, and I have no illusions about remaking the world. I'm merely trying to explain one piece of it.

Groklaw is an experiment in applying open source principles to legal research, and that is where we'll keep our flag planted. It's not about causes. I don't belong to any such organizations personally.

“Groklaw is intended to be a bridge between the legal and the technical communities, so they can cooperate.”I try my best to explain in accessible language what is going on in the courts. That's it. There is one cause, I guess you could say. Groklaw is intended to be a bridge between the legal and the technical communities, so they can cooperate.

When they each understand what the other does and why, they can help each other so that eventually court decisions are more solidly based on how the tech actually works, what it can and can't do. I see that cooperation as an urgent need, for two reasons: everyone today can be a publisher on the Internet. So everyone needs to understand how the law works. And second, computers and the Internet are new enough that many lawyers and judges are not yet up to speed on the tech, and that can result in decisions that are unworkable or just legally bizarre. That causes pain, cynicism about the law, and even market results that are counterproductive and very costly to fix. So spreading technical knowledge to the legal community and legal knowledge to the tech community is ultimately helpful in preventing such problems. That's the hope, anyway.

Originally published in Datamation in 2007

Comments

Recent Techrights' Posts

The Register is Desperate for Money, According to The Register
I decided to check how they're doing as a business
Some Cola Formulas Aren't Secret, But the Barrier is the Branding
That's the power of the channel/distribution, marketing, and brand recognition (accomplished through endless marketing)
Tesla's Debt More Than Doubled in 2 Years and the Company Will Operate in the Red (at a Loss) Quite Soon
If your first-quarter net income is $409 million and you borrow billions from banks, plus interest to pay on those loans, then you're not far from returning to losses
 
Openwashing Slop... Using Slop!
So get ready for "open" "hey hi" with its proprietary models to engage in openwashing, helped by serial sloppers who use the LLMs to produce fake 'articles'.
On "Tragedy of the Commons in the Production of Digital Artifacts"
There's a better way to do things. None of that should involve GAFAM.
Gemini Links 05/08/2025: Opel Zoo near Frankfurt and Alhena 5.2.5
Links for the day
The Inflammatory Influence of Social Control Media Giants
CPC's ByteDance says it's cool
Microsoft v Planet Earth
Is Microsoft profitable?
IRC Turns 37
Internet Relay Chat (short: IRC), which started in 1988, turns 37 this month
Shortly After a Microsofter Took Over The Register as Editor in Chief Microsoft Tim (Tim Anderson) is Back and It's Still Microsoft Propaganda, Sometimes Funded by Microsoft
Notice his focus
Stricter Enforcement of Worker Adjustment and Retraining Notification (WARN) Act is Sorely Needed
Who's keeping track anyway?
Calling Plagiarism "Intelligence" is Pure Genius, Brilliance!
One thing to "like" (or dislike) about LLMs is how they're falsely marketed using various buzzwords
Geminispace Promises Simplicity But Also Provides a "bunch of forums that get flood-filled by agitation against the very essence of Gemini itself"
claims of stagnation in Geminispace started because of a person who spent a long time agitating against GNU/Linux as well
Zimbabweans Aren't Into Windows or Microsoft
This cannot be good news for GAFAM
Microsoft's Washington Layoffs Aren't Everything, They're Definitely Not Happening in Just One State in the US
Washington is just more strict with WARN notices
Gemini Links 05/08/2025: Lagrange v1.18.6, No Stagnation in Geminispace, and Fake Coding (Slop)
Links for the day
The Register's Editor in Chief (Who Left for Google) Told Me "AI" Was a Bubble, But Now The Register Gets Paid to Participate in Inflating This Bubble
A lot of the online media is a scam
Introducing Mission:Libre and FreeXR (and BreakXR)
efforts that accompany the foundations put there by the Free Software Foundation in 1985
Slopwatch: WebProNews, LinuxSecurity, and Some Success Stories
Google News still has a slopfarm issue
Links 05/08/2025: Hey Hi (AI) Passing Fads and GAFAM "Embracing the Military"
Links for the day
Links 05/08/2025: Samsung and Microsoft Layoffs
Links for the day
Rumours of Mass Layoffs at Red Hat Next Week (August 11th, 2025)
The eleventh means next Monday
IBM is Shutting Down (Piecewise)
IBM is basically being liquidated
The Debian Language Police Department (PD)
"there has never been complaints about anyone that was offended by this -off package"
When The Register MS Says "Linux Backdoor" It Actually Talks About Malware
The leading story in The Register US/MS this morning is Microsoft
Microsoft Windows Fell to 19% "Market Share" in Montenegro
Microsoft must be well aware of this trend
Why We Also Include Gopher Links in Our Gemini (Protocol) Links
There are still many people who use Gopher to relay their messages (like blog posts). They're mostly technical people.
Shouting is an Indication of a Lack of Convincing Argument
Beware what they are attempting to distract from
Mongolia: Microsoft Windows at All-Time Low
in 2009 when Windows was at 99.45% in Mongolia the company was "worth" less than 200 billion dollars
About a Quarter of Today's "linux" News in Google News Came From One Domain and It's a Slopfarm
Not kidding!
Gemini Links 05/08/2025: Zombie Threat and Switching to NixOS
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 04, 2025
IRC logs for Monday, August 04, 2025
ChatGPT in Trouble
Watch out for the newer buzzwords
The Register MS Links to the Wrong statCounter Page
They link to older data
Dr. Andy Farnell Explains How Google Turned From "Librarian" Into "Oracle", Telling Us What to Think Instead of Where to Look
Google was always a lousy librarian
Microsoft Layoffs Continue in August 2025
If Microsoft is doing so well, how come about 10 rounds of layoffs in about 7 months in 2025?
Microsoft and Windows Have Many Back Doors, But LLM Slop Keep Claiming That Linux Has "Backdoor"
It's another example of LLM slop as FUD amplifier, via slopfarms as well
In Many Countries Vista 11 Adoption Stalled or Became Negative
Not just because people move to GNU/Linux
Microsofters' Lawyers Are Name-calling and Insulting Microsoft Critics, Even Their Spouses
How not to win arguments
Flagging or Tagging Slop That We Find Online
Right now we use ImageMagick
Links 04/08/2025: Very Bad Weather and Travel Restrictions in China
Links for the day
Gemini Links 04/08/2025: Misiamisia and Mobile Linux
Links for the day
Microsoft's Stock is Like a Religion, Microsoft Goes Into 'Hiding' (From Shareholders)
like a religious person or devout believer, the media just parrot anything Microsoft says
Links 04/08/2025: 80 Years Since Last Nuclear War, IPv6 in China
Links for the day
Groklaw Static Site Relaunches With New Theme, But Many Pages and All the Comments Are Missing
We suppose that's still a lot better than the site being offline, as it was for several months
"For Five decades; For freedoms; For all users" (Original EMACS Turns 50 Next Year)
Linus Benedict Torvalds was only 6 when EMACS started
In Spain, Microsoft's Search Engine Market Share Fell to 2%
16 years have passed since Bing was introduced
Protecting GNU/Linux-Centric Journalism From Serial Sloppers
Unoriginal slop is taking away traffic from the people who did all the real work
It Looks Like Managers at Oracle Now Use LLM Slop to Write Blog Posts
Did he cheat by prompting LLMs for mindless text "filler"?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 03, 2025
IRC logs for Sunday, August 03, 2025
Gemini Links 04/08/2025: Qubes OS and Curious crypto case of certificates (CCCC)
Links for the day
They Tell Us That "Cloud Storage" is Safe and Robust to Incidents Like Fires
Do you have backups? Where are they and who controls them?
"Allowing SDL to default to Wayland caused a number of customer issues so keep the default at X11 for now"
2025 is another year of Wayland ambitions. It's also a year of self-fulfilling prophecies.
In The United Kingdom (UK), Microsoft Search (Bing) Falls to All-Time Low
Grow? What grow??? It's collapsing.
GNU/Linux Reaches 5% in Oman
Some GNU/Linux distros are made in Oman
Google's "AI Mode" is a Pathetic Joke Prematurely Introduced in the UK (Like "Bard", Which Sank the Company's Shares)
what Google "thinks" about PCLinuxOS
What the Free Software Foundation Started Four Decades Ago is Becoming Mainstream
"Four decades; Four freedoms; For all users"
Doing a Better Job at Labelling Slop Images
we'll label screenshots that contain slop, typically with red-coloured text overlay
Social Control Media is Out of Style
What's your excuse for wasting time on (or in) it?
Maldives: GNU/Linux at All-Time High, Windows at New Lows
data from statCounter shows a reassuring trend
Efficiency is Good, So Why Won't Governments Cull LLM Companies Using Stronger, Stringent Policies?
Like every bubble that ever existed, including some recent ones, an end will come
The Defunct Site LinuxConfig Has Published a Fake Article About Richard Stallman Using LLM Slop, Which Stallman Calls "Bullshit Generator"
Worse yet, it is writing using a "Bullshit Generator" (the term used by Stallman) about Stallman's health
Microsoft Windows Falls to All-Time Lows in Morocco and Algeria
About 70% or even less
StopGenAI in the Cyber Show (C|S)
covering a theme that we too covered a lot lately
Gemini Links 03/08/2025: Once-a-Decade Couch Shopping and Blessings in Disguise
Links for the day
Links 03/08/2025: Political Catch-up, Global Warming, and Hunger
Links for the day
Brittany Day Entered LLM Slop Into LinuxSecurity.com and Something Hilarious Happened: The Site is "Exploited"
The brainless, effortless copypasta of "slop artists" shows its limits
Links 03/08/2025: Microsoft Exchange 0-day Exploited and Avoidable Nuclear Escalation
Links for the day
Next Month 'New Techrights' Turns Two
Next month, on the fourth week, it'll be 2 years since the migration
Definitely Not a Ponzi Scheme
Bitcoin v Microsoft
Online Safety Act Tries to Accomplish the Impossible
All I can say is, "good luck with that!"
The Electronic Frontier Foundation (EFF) is a Billionaires' Lobby
Billionaires that control tech companies
Microsoft Borrows 3 Billion Dollars Per Month, a Company Truly Worth Trillions Would Not Do This
if Windows (and Office) "market share" fell from about 90% to barely 30%, how come Microsoft is now "valued" at 20 times more?
It's Even Worse Than Microsoft Lunduke Puts It; GNOME is SLAPPing Journalists
In our experience, GNOME is so malicious - some elements of it in particular - that it would launch multiple simultaneous SLAPP campaigns not only against journalists but also their spouses
GNU/Linux Adoption Reaches All-Time Highs in Chile, statCounter Indicates
This month marks 4 years since Vista 11 came out (as a fake "leak") and some surveys still measure its adoption at less than 40%
Slop Will Not Change the World
Some of us grow up sooner and leave that nonsense behind (or altogether avoid/skip it)
Gemini Links 03/08/2025: Nostalgia and TOFU
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 02, 2025
IRC logs for Saturday, August 02, 2025