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

Upcoming Techrights Series About the Failure of the Solicitors Regulation Authority (SRA) to Stop Hired Guns Who Work for Americans That Abuse Women
The SRA has demonstrated nothing but considerable incompetence at many levels
The "Alicante Mafia" - Part XIV - The EPO Vice-President Steve Rowan and the Hidden Alicante Connection is a Big Deal
We'll soon take a closer look at Ernst
Links 27/01/2026: Japan-China Feud Escalates Again, "Iran's Internet Blackout Persists"
Links for the day
 
Upcoming Techrights Series About the Public Appearances of Richard M. Stallman (RMS) in the United States
we plan to drop all pretences about "Open Source" and instead focus on Software Freedom
Upcoming Techrights Series About the Experiences of EPO Insiders
We'll start the new series some time next week
Links 28/01/2026: Microsoft Ordered to Stop Spying on School Children, Apple's Brand Tarnished by Its Complicity With Human Rights Abusers
Links for the day
Gemini Links 28/01/2026: Particle and AirMIDI
Links for the day
Amandine Jambert (EDPB/CNIL/FSFE), motive for lying, trust in blockchain and encryption
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 27, 2026
IRC logs for Tuesday, January 27, 2026
Expect More XBox Layoffs Shortly
As expected
Online 'Gathering' Held Today to Organise Industrial Actions in EPO, Strikes Will be Starting Shortly
"Online Extraordinary General Meeting on Action Plan"
It's Not About What You Know, It's About Who You Know (and Stay Quiet About the Cocaine)
This is not an organisation that exists to ensure laws are followed
FOSDEM 2026: democracy panel: FSFE uses women as stooges, gerrymander
Reprinted with permission from Daniel Pocock
Must Use Proprietary JavaScript to Submit Feedback to the European Commission About Moving From GAFAM to Free Software
Nevertheless, go tell them why Software Freedom would benefit Europe's defence and economy
Distortion of the Facts About Mass Layoffs at IBM
more layoffs are ahead
Gemini Links 27/01/2026: "Waiting Isn't a Waste", Posting from Lynx, and Bookmarks
Links for the day
Links 27/01/2026: "Oracle Debt and TikTok Transition Troubles Vex the Ellison Media Empire", Richard Stallman Quoted on Copyrights
Links for the day
Steven Field (Red Hat) Speaks of "Recent Layoff" (RA/Wave) in Red Hat
IBM really doesn't like it when people talk about "RAs"
The "Alicante Mafia" - Part XIII - Is EPO Vice-President Steve Rowan in Cahoots With the "Alicante Mafia"?
that deserves much media attention, political intervention, and condemnation
A Week Ago We Contacted the EPO's Stephen (Steve) Rowan About Cocainegate
Tomorrow we'll write some more about Rowan
“Wikilaundering” Explained
"London PR firm rewrites Wikipedia for governments and billionaires"
IBM Reports 'Results' Tomorrow, Expect More "RAs" (Mass Layoffs)
they use words like "efficiency", "optimisation", "AI", "pivot", "modernisation" and so on
Earlier This Month Microsoft Lunduke Said in Public It Was Good That Renee Good Was Murdered, Now He Mocks or Demonises People for Saying the US is Unsafe
Don't be easily conned by demagogues
Google News and "Linux" Slop
Why won't Google be interested in tackling this issue? Instead Google has been trying to participate in this issue.
IBM Kills Red Hat in the Darkness
What IBM does to Red Hat is malicious
IBM Red Hat's Goal Is Not Real Security (It Probably Never Was)
Spies and trolls are very malicious people and sometimes they're the same thing
With Absurd Lies About Slop, Which Lacks Intelligence or Financial Potential, GAFAM and IBM Will Twist Mass Layoffs as 'Efficiency Drive' or 'AI Pivot'
More layoffs are on the way
Animal Advocacy Works
All it takes is effort and determination
EPO Strike This Week
What has happened to Europe?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 26, 2026
IRC logs for Monday, January 26, 2026
For the EPO to Survive, António Campinos and the "Alicante Mafia" Must Fall on Their Sword
There are EPO insiders who are convinced Campinos too is (or was) a cocaine addict
Some Slopfarms and Some Real News Sites Cover Richard Stallman’s (RMS) Talk
If his message about Software Freedom spreads, then we're all better off
Gemini Links 26/01/2026: Pocket Power Pack, Batteries, and Breaks
Links for the day
"Microsoft Vista 11 Emergency Update" as Windows Fails to Boot (Again)
Microsoft is desperately trying to find some new business model as the debt soars
4 Hours Ago The Register MS Published Paid-for Spam About "AI" (Slop, Buzzwords)
"AI" mentioned 13 times in the page
IBM 'Results' Due Wednesday Evening, Expect Clues About Mass Layoffs
Don't expect IBM to say anything about "layoffs" or "RAs"
The Fall of the EPO (or the "Alicante Mafia" at EPO) Will be Due to This Reckless Lawyer Who Does Cocaine in Public While Speaking for the EPO
The longer European politicians (and media) turn a blind eye to this corruption, the worse it'll get
Why RMS is Scary to GAFAM 'Engineers' and the GAFAM Apologists (or Addicts)
especially because of his ideas and his way of life
Firefox 'Market Share' Down to All-Time Low in 2026, Adding to It User-Hostile 'Features' Only Worsens Things
What is the goal of Mozilla at this point?
Links 26/01/2026: Windows Back Doors, American Winter Storm, and Report Says Iran's "Protest Death Toll May Exceed 30,000"
Links for the day
Life Got Simpler and Therefore Also Healthier and Happier
Some people envy not wealth but happiness (which they're unable to attain, even with hoarding and accumulation)
Richard Stallman's Experiences With 'Cancel Brigades' Ought to Educate Linus Torvalds
Now they talk about "if Linus dies" scenarios
Links 26/01/2026: Financial Stress in German Farms and Germany Wants to Take Its Gold Reserves Out of the US
Links for the day
Gemini Links 26/01/2026: "Lack of Meaningful Things" and Getting Back to Programming
Links for the day
Strong Correlation Between the Slop Ponzi Scheme (or Bubble) and Major Disasters
BitCoin ruins the planet; so does slop
We Will Never Allow the "Alicante Mafia" to Hide "Cocainegate"
transparency typically scares malicious actors
Fewer Involuntary Interruptions This Year
This year we're doing much better
Prisons Are for Dangerous People Who Pose a Threat to the Public, Not People Who Inform the Public
At the end of the week EPO workers go on strike
Microsoft Loses Grip on Indian Ocean
Many countries, including in older allies of the US (such as Canada and the US), look for ways to get out of Microsoft dependence urgently
XBox Consoles Nearly Dead by Now, the 'XBox' (ex-Box) Brand Now Stands for Something Full of Slop, Spam, Filler, and Chaff
We're seeing the last day (maybe year) of "XBox"
The Great "AI" CON Explained by Dr. Andy Farnell
LLMs are basically advertisers of sorts
Links 26/01/2026: "Journalists Detained", in Germany "Unjustly Jailed Man Gets €1.3 Million Compensation"
Links for the day
Red Hat Quietly Going Extinct After Bluewashing in 2026
At this point it would be rather foolish to assume that IBM will let Red Hat just "do its own thing" or maintain its corporate culture, identity, projects etc.
The "Alicante Mafia" - Part XII - Kris De Neef and Roberta Romano-Götsch, Who Stepped in for the Cokehead, Have No Comment on His Cocaine Usage (and the EPO's Cover-up)
Sh-t floats to the top.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 25, 2026
IRC logs for Sunday, January 25, 2026
Gemini Links 26/01/2026: Cold Perception, Software Patches in NixOS, and Sunk Cost Fallacy
Links for the day