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

Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
XBox Being Discontinued, Some Models of XBox Canceled, Not on Sale Anymore
First some of the largest retailers quit stocking/selling XBox, now a 2TB model is axed
Firehose of Spam (Fake News) From The Register MS Today
This is how awful the state of news sites really is
 
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026
Links 26/06/2026: SoftBank Forbids Mentioning That Slop is a Scam, "'We Need Courageous People' to Combat Greed and Corruption"
Links for the day
Gemini Links 26/06/2026: "Negativity of Reddit" and "Moving Blog to Gemini"
Links for the day
Same MIT Site That Fabricated the Fake News for IBM is Still Being Paid to Produce Fake "Reports" That Prop Up a Ponzi Scheme
If this is the media we deserve as a society and believe keeps us informed, then we are all doomed
'Social' Slop: The Social Control Media and Slop Crises Are Converging
Social Control Media and slop may have a shared fate. People will shun them both.
Union Syndicale Fédérale (USF) Speaks Out Against Campinos and Informs the Chairman of the EPO Administrative Council
Does Mr. Kratochvíl pay any attention at all?
'António the Pretender' Campinos is Digging His Own Grave With Grotesque Lobbying Intended to Undermine Democracy in Europe's Second-Largest Institution
One way or another, the EPO will never be the same again
The Principle of "Do No Harm"
"Do No Harm" is a common saying
After Years of Bluewashing People Who Are Still Labelled "Red Hat" Suddenly 'Leave' (Might be PIPs), IBM in "Forever Layoffs" Loop
Remember that Red Hat had mass layoffs this year
Microsoft Staff Bracing for Impact Ahead of "Layoffs Lottery"
some people start to assess who will get culled next
Donald Trump and IBM's CEO: Twins Separated at Birth, Saturating the Media With False Reports About Things That Don't Exist
Every "journalist" that went ahead with this fake news should be sacked on the spot for a rejection of fact-checking
The Register MS Will Become Indistinguishable From Spamfarms at This Current Pace
Follow the money...
Microsoft Layoffs Have Already Begun in Its PR Department
It is called Waggener Edstrom
Techrights Community as Litigants in Person (LIPs)
Unwittingly and due to circumstances we're had to step in to protect women abused by monstrous men who lack empathy
European Patent Office (EPO) Series: Rest and Recuperation on the Adriatic Coast
The EPO President's connections with the Croatian SIPO date back to his days as head of the EU trademark agency EUIPO
Slopfarms Becoming Scarce and Few (or Inactive)
we'll try to refrain from even giving the remaining slopfarms any visibility
The Register MS Promotes Things That Do Not Exist... for Money
How much more ZTE spam will come out before 5PM?
Links 26/06/2026: RIP, Om Malik, 1966-2026
Links for the day
Memory Leaks Suck
Slop ('vibe') coding means lots of bad programs
Natural Disasters and Personal Disasters
Thank you, Om Malik, for the positive memories
Gemini Links 25/06/2026: Life Philosophy and Misery
Links for the day
GAFAM Became a Mainstream Term, and Why Words Matter
Conveying problems in useful terms [...] Impairing propaganda attempts (e.g. calling parrots "intelligence", back doors "confidential", and outsourcing "cloud") should be the first step
European Patent Office (EPO) on Strike Today, Next Week Another Historic Week
If you live in Europe, contact your delegates today
FSF FreeJS Project (Part of the GNU Project's Goals) Advanced Further in 2026
They're moving to reduce dependence on anything to do with Microsoft
SLAPP Censorship - Part 119 Out of 200: Our Suggestions to Our Politicians and Heads of State
coverage about SLAPPs and related matters
Microsoft Already Closing Down Studios, According to Some Publishers
It is being compared to what happened in Intel
IBM PIP Stories Told in Public, Fake IBM News (Fabricated Claims) Drown Media Sites
IBM is seeding fake news to help justify the bailout
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 25, 2026
IRC logs for Thursday, June 25, 2026
Microsoft Falls to Lowest Value Since 2023
Microsoft can come back down to somewhere below $100
This Could be the Start of Microsoft's Biggest Wave of Layoffs in 50+ Years
This is what it looked like for Intel a few years ago
The Register MS is Promoting a Pyramid Scheme for Money, But It Is Over 6 Million Pounds in Debt
How much lower can the reputation of this publisher sink?
Gemini Links 25/06/2026: Unix-like People and NeoGeo
Links for the day
Members of the Delegations in the EPO's Administrative Council Told That Amid Unrest Campinos Must Go; a Year of EPO Strikes Means It's Time to Change Leadership
Which strategy is needed for the European Patent Organisation?
The Cyber Show on How Data is Misused and Broadcast is Abused to Crush Resistance to Harmful Technology
We recently published a number of articles about how Computer Science is coming under attack
Increasing Participation Rates in Staff Representatives' Elections at the European Patent Office (EPO)
The industrial actions seem to have brought colleagues closer together
Microsoft's Mass Layoffs Have Already Begun (Could Not Wait 'Til July)
Microsoft's biggest layoffs round in 50+ years?
Assessing the "Worth" of a Life
Don't let blunt plutocrats decide whether Venezuelans deserve sympathy or not
Planning 20-Year Techrights Event
Interested people can contact us in IRC
Links 25/06/2026: Earthquakes Strike Venezuela, Conflict of Interest in Kangaroo Court UPC
Links for the day
More Weight of IBM's Stock is Ascribed to Lies and Things That Do Not Exist
Turning stones into gold?
SLAPP Censorship - Part 118 Out of 200: Exposing Crimes is Not a Crime, It is a Public Service
We will soon enter the sixth year of lawfare
Links 25/06/2026: "Why We Need Seed Legislation" and XBox Chaos Predicted by Insiders
Links for the day
Gemini Links 25/06/2026: Hobbies Change, Young love, Strange Encounter, and Raspberry Pi Zero W
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 24, 2026
IRC logs for Wednesday, June 24, 2026