Bonum Certa Men Certa

FUD Busting is Back at Groklaw

PJ takes the burden of FUD

Miner



Summary: Critical assessment and in-depth research is seen with the return of PJ

THE WordPerfect case is being further analysed by Pamela Jones (PJ) over at Groklaw. Mark Webbink has not written quite so much recently, so it seems like Jones is back in charge as the dominant writer and FUD buster (which professor Webbink is reluctant to be). We draw inspiration from PJ and from Groklaw, so it is delightful to see her back. She says that the WordPerfect case carries on, as she noted the other day (the corporate press did not make it apparent). To quote the opening parts:



When Judge J. Frederick Motz ruled for Microsoft on its motion for judgment as a matter of law the other day, tossing out Novell's antitrust case against Microsoft, he explained his reasons at length. One of them was that there was, he asserted, no evidence of any realistic middleware threat.

However, here at Groklaw, we're continuing our project of trying to provide text versions of all the PDF exhibits from the Comes v. Microsoft antitrust litigation, and a volunteer posted an exhibit [PDF] he'd just transcribed, and as I was reading it to edit any mistakes, I started to say to myself, Hey, this contradicts the judge. My next thought was that maybe Novell never saw this exhibit. After all, one of the things that happened in this case was that neither party was able to easily find what the exhibits all were. There are thousands of them, and they were identifiable only by numbers, and numbers from other litigations. That's why we started on the project, to make them more easily searchable.

But then I started to dig a little, and it turns out that Novell did offer the court this very exhibit. It's Exhibit PX 44 in this PDF collection of exhibits, attached as an exhibit to Novell's opposition to Microsoft's motion for judgment as a matter of law.


The Comes exhibits sure prove handy, even years after they were released (owing in part to Grouch). In other news from Jones, Microsoft Florian, who is now paid by Oracle for FUD, keeps deceiving. To quote Jones:

The point isn't the amount, $2 billion or $6 billion. It's the emphasis over and over, as I'll show you, that it could be *any* kind of billions. In the end, after the trial, Google didn't have to pay so much as a penny.

Did you notice how he claims that what he wrote has been repeated in the media and read maybe billions of times? If all he did was factual reporting, that wouldn't be such a problem, although I'll have more to say about that at the end. But is it the case that his reporting was purely factual? Let's see.

What Does the Record Show?

I wrote earlier today that I thought Oracle should have to pay at least some of Google's costs from the trial, if only because I didn't think Oracle should be allowed to cause so much unmerited damage and then just walk away. Let me show you what I mean by unmerited damage that shouldn't be ignored by reviewing some of what FOSSPatents wrote about the case.

By my reading, FOSSPatents at least implied repeatedly that Google was a willful infringer, going so far as to assert that the judge held that suspicion himself, along with presenting multiple gloomy analyses of what the bad outcome for Google as a result could be.


Since he is paid by foes of FOSS, journalists should just stop paying attention to him. There are many blogs out there that are not influenced by money. At Techrights, ideology might have some influence but not money. The same goes for Groklaw.

Here is Jones' analysis of the balance game: "Oracle has filed its expected Objections [PDF] to Google's $4+ million Bill of Costs. I have it as text for you. "Denial of costs is proper," Oracle argues, "where (1) the issues were especially close and difficult, (2) the case presented a landmark issue of national importance, (3) the judgment was mixed, or (4) the losing party litigated in good faith.""

Notice that no "billions" are mentioned; Google wants its legal fees ("millions") back; retracting all the FUD or getting compensated for it will never happen.

Oracle is also being criticised for its exploitative new trick against Linux contributors:

Oracle has made an interesting offer to companies using a free version of Red Hat Enterprise Linux: Switch to our free Oracle Linux instead.


Oracle hardly develops Linux. Now it has Solaris, too. Its best known Linux developer left and the open-source HPC language that Oracle inherited from Sun is being neglected. For Larry Ellison, it does not make sense if it does not make a lot of money.

The backlash against oracle [1, 2] for its attack on CentOS gets noticed and one quoted response goes like this:

CentOS penguins maul Oracle's Linux migration pitch



[...]

Forum member Spearchucker fires back:

That 'support' word, right there, is the thing that makes me stay as far from Oracle as I can. It's like "Dude, here's the software. Have it, it's cheap/free." When things go wrong you get stung for exorbitant support/consulting fees, because, hey, you're tied in. With nowhere to go.


The fact it's Oracle behind Oracle Linux is the biggest sticking point. The CentOS penguins either don't trust Oracle or hate it for throwing its weight around in the open source community, hurting their friends and other projects, and trying to control open source - the Hudson and OpenSolaris projects.


Oracle is not a friend of Linux and FOSS. It's an exploiter of those, and that is different from being a "friend". We sometimes get chastised for criticising Oracle, but many in the FOSS community will agree that Oracle has done more damage than good for FOSS. ⬆

Recent Techrights' Posts

Digitalisation Is Not Inevitable or Unavoidable
Nor inescapable
Intercontinental Brigading - Part XXXXIV - Why the Swatting Failed
After that we only ever heard from or spoke to cops when we invited them to our home to collect evidence
 
IBM 'Robbery': No More Car Allowance in the UK, Severance Shredded, CEO Pay Up 51% in One Year While Thousands Laid Off in Secret
Why does a CEO reward himself so much when the company does so badly?
Gemini Links 08/11/2026: "Back", Zot, and Information Overload
Links for the day
“Concerned Microsoft Workers” Say “Working at Microsoft Has Become Joyless and Demoralizing.” (That's What Microsoft Wants, More Will Leave That Way)
Many Microsoft employees are going to leave
The Register MS is Losing Hundreds of Thousands of Pounds a Year While Directors Pay Themselves Hundreds of Thousands of Pounds a Year in Dividends
they take money from slop pushers and have clearly compromised some journalistic standards in the process
GNU/Linux Measured at 7.4% in the UK This Weekend: Clownflare Radar
I hope that one day GNU/Linux will be everywhere here
Never a One-Person Project
Just because I'm the main "public face" of the site (who takes all the insults and SLAPPs) doesn't mean I deserve all the credit
“I Always Expect to Lose. I Fight Anyway, and Sometimes I Win.” — Richard Stallman
To change the world meaningfully people must think big
Stop Looking for News About "Layoffs", Layoffs Are Over (They've Been Rebranded)
To properly assess the status quo we need other yardsticks
Links 08/11/2026: Bosses Who Were Forcing Their Workers to Use Slop Change Mind, "Rapper RBX Files Ninth Circuit Appeal in Fraud-Focused Class Action Lawsuit Against Spotify"
Links for the day
Links 08/11/2026: Why Vikings Stayed in Iceland and "TikTok Accused Of Promoting Sex Industry To Young Girls"
Links for the day
Gemini Links 08/11/2026: "Before Sunrise" and LLM Scrapers Versus Self-Hosting (or Web in General)
Links for the day
Intercontinental Brigading - Part XXXXIII - Weaponising Cops in Another Continent (Europe), Knowing They Cannot Come to Your Home in America, While Threatening Women
This year it culminated in death threats
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 07, 2026
IRC logs for Saturday, November 07, 2026
The Decade Ahead, a Decade of Suppressed Stories
Our stories aren't discouraged or considered taboo because of racism or "toxic politics" or anything like that; they just hurt powerful people and corporations
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part V - "Reports Closed Without the Evidence Being Examined."
Totally what the SRA did regarding Brett Wilson LLP
Gemini Links 07/11/2026: Illusion Garden and Lagrange 2
Links for the day
Complexity is the Tyrant's Friend
Slop is for feeble minds and cheaters
IBM Firings (or Silent Layoffs) After Bluewashing; "IBM’s Employment History is More Troubling Than its Patriotic Marketing Suggests"
"It has zip to do with race but everything to do with the greed of the 1% who have been doing all they can to destroy the middle class..."
“Week van de Werkstress” and Work-Related Stress at the EPO, Where Staff is Bullied Into Granting Illegal Patents for Foreign Monopolists
"poor working environments, including discrimination and inequality, excessive workloads, low job control and job insecurity pose a risk to mental health"
Czech Republic: GNU/Linux Rises Above 5% in Desktops and Laptops
A year ago it was somewhere around 4%
EPO's Local Staff Committee The Hague Says Almost or About a Third of Staff Assembled to Organise at "a Time of Continued Social Unrest"
They speak of "circa 850 staff members in attendance" (in The Netherlands there are about a couple thousand)
Suggestions That XBox Will be Offloaded by Microsoft, Rather Than Shut Down, Make the False Assumption XBox is Profitable (It's Not, It's a Liability)
Microsoft has serious financial troubles
Which "Smart" "Phone", Which "Social" "Media", and Which "Cloud" "Storage"?
Let's take back control of the language
State of the (Linux) Slop, Late 2026 Edition
Google News (Gulag Noise) is a plagiarism booster
Year 21
It's 5PM here
Links 07/11/2026: "Flock Cameras Got Eviscerated by the Midterms" and Joshua Wong Shows China is Highly Repressive and Fully Controls Hong Kong
Links for the day
At The Register MS the Net Liabilities Doubled in One Year, Tangible Assets Down About 35% in One Year
signed off in 2026
Intercontinental Brigading - Part XXXXII - Running One's Mouth
British Police told me "making a false complaint to police is a crime" in relation to Lozza
Another 20 Years of Exposing Corruption
We'll focus on carrying on what we do
EPO Budget and Finance Committee (in Very Recent Meeting) Increases Bribes to People Who Vote on Campinos Reappointment ("Cooperation Activities")
Buying 'elections' to protect the cocaine-stained regime in Europe's second-largest institution
Links 07/11/2026: London's SLAPP Industry Now Targets Kirkenes (Northern Norway) at the Behest of Corrupt Thieves in Russia and Microsoft’s 'Buyout' Offer Crashes Microsoft Systems
Links for the day
Links 07/11/2026: "The Moon is Waning Crescent", Homeworlds, and "Can't Handle The AVIF!"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 06, 2026
IRC logs for Friday, November 06, 2026
IBM Compels Workers - Even at Red Hat - to Become "Retired-ish"
Who needs RAs (layoffs, which have been rebranded as "buyouts" like pink slips are generous "gifts") when workers can have their butts kicked every day and WARN Act reporting thresholds are never approached?
Links 06/11/2026: "XBox Is Closer Than Ever to Being Sold Off" and "BuzzFeed Stock in Free Fall"
Links for the day
Gemini Links 06/11/2026: Dao and Dreams
Links for the day
20 Years of Techrights
Celebrating 2 decades of abuses of power being watched (and looking back at key changes)
Linux (and Linus Torvalds) Sleepwalking Into a Binance-Level Catastrophe With Slop 'Code'
Someone should ask Linus Torvalds or his boss (Linux Foundation) if they deem slop, which nobody audits, trustworthy enough to add to every computer out there running the Linux kernel
Vitaly Orlov Weaponises Deep Pockets to Leverage High Court of Justice in London for Censorship and Punishment of Critics
reproduced in full for more exposure and to make censorship harder
Intercontinental Brigading - Part XXXXI - What I Told British Police About Lozza the Same Month Garrett Was Preparing His First Nastygram From 'Hired Guns' Brett Wilson LLP
Lozza and Garrett
Outsourcing at IBM
Cheapening of the workforce is hardly a new problem
The Register MS: Turnover Fell by Over a Million Pounds (About 20%) in One Year, Administrative Expenses Rose by Almost Half a Million Pounds, The Register MS Operates at a Loss
This is not a (commercially) healthy publisher
Links 06/11/2026: Slop "Companies Race to Lock Down Oil Clients" and Salon Shuts Down
Links for the day
Our Third Decade
Our anniversary is tonight at midnight
Freedom Is Not Free of Charge, Freedom Can be Very Expensive
Being someone's "slave" is the "default" when no resistance exists
Intercontinental Brigading - Part XXXX - Swatting by Proxy
Using imbeciles who lie to cops and then dox cops (and already have arrest record and court documents wherein they admit being stoned in front of the cops)
Intel Craters at Taxpayers' Expense (Bailouts for Failing Companies Simple Don't Work)
GOP, which did this, has lost many seats
Mass Layoffs at IBM, Also Outsourcing to India
What IBM does to itself it is doing to other entities as well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 05, 2026
IRC logs for Thursday, November 05, 2026
During Strikes and Industrial Actions Lots of EPO Staff Organised Yesterday and Will Do the Same Next Week
There really needs to be a genuine election, not a reappointment
Gemini Links 06/11/2026: Hadestown and "Where Has the Electronics Shop Gone?"
Links for the day