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

Preparations for Our 19th Anniversary Have Already Begun
When we get back we'll probably sort out some balloons and venue for the next party
Pleased After 2 Years With team.blue
Moving from a Content Management System (CMS, dynamic) to a Static Site Generator (SSG) was a wise decision that made life so much easier
The Free Software Foundation (FSF) is Being Attacked by Organisations Jealous of Its Principled Stance and Longevity
Nobody is perfect, but imperfection does not instantaneously imply sinister intent
Many Microsoft "Assets" Are Fabricated Baloney (to Game the Numbers)
At times it seems like what we deal with are many weak patents (on algorithms), valuations or speculations based on hype ("hey hi"), and stocks held by Microsoft and its own staff
"Internal Changes at Red Hat / IBM"
It seems like quite a few people are leaving
Confirmed in French Media: Mass Layoffs (10% Culled) in Microsoft France
Now some reports in French
Microsoft in Freefall in Finland
Can Finland eradicate Windows from all its infrastructure, including core operations that are sensitive to sabotage by cracking?
Google's Chrome Passes 70% and Web Standards Are Dying
The Web is quickly becoming devoid of any standards
Slopwatch: Plagiarism and Ponzi Scheme, Bubble About to Burst Entirely, Admits Goldman Sachs
the hype that Google News and The Register MS actively participate and profit from
 
When Your Site's Articles Are Being 'Cheapened' by Slop as Feature Images
Dr. Farnell should become an advisor to The Register MS
Certificate Authority Let's Encrypt Drops to Only Half a Dozen Capsules and 0.2% of the Whole in Geminispace, Self-Signed is the Way to Go
It used to have hundreds, according to Lupa
Doing to Red Hat What They Already Did (and Still Do) to IBM
there seems to be a drive to hire cheaper staff, and it may be led by somebody Red Hat hired from Microsoft
Links 03/09/2025: Salesforce's Latest Mass Layoffs, 93% in Large Poll at The Register MS Say UK Government Should Dump Microsoft
Links for the day
If You Reject the Google Verdict in the US, Then You Should Also Reject the "Modern" Web (Do Something About It)
Gemini Protocol is still open; it cannot be hijacked or subverted because it's frozen by design and by intention
Open Source Initiative IRS Filing: Almost All the Money is Corporate, Stefano Maffuli (Executive Director) Takes About a Quarter of That Money for Openwashing of "AI" Ponzi Scheme
OSI is currently little but a PR/marketing agency of Microsoft
Many People Are "Leaving" Red Hat, Even High-Level Managers
Something is definitely going on at Red Hat
Techrights Has Been Subjected to Calls of Violence (and Death Threats), It Never Condoned Violence
I have no sympathy for people who call violence "free speech" and then get in trouble
Condoning Violent Behaviour and "Free Speech"
perhaps Microsoft Lunduke lost touch with what constitutes violence
Takeaway From the Google Verdict: GAFAM Has Too Much Control (Even Over the US Government and Courts With Government Appointees)
Many people feel disappointed but hardly surprised by the verdict
The Free Software Foundation (FSF) Turns 40 in One Month
As noted a few days ago, several times in fact, many people now recognise the importance of the FSF's mission, even if most people don't know what the FSF is
"Voluntary" Layoffs at Microsoft (to Game the Numbers, Sugar-Coating a Crisis)
"Employees interested have until the end of October to volunteer."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 02, 2025
IRC logs for Tuesday, September 02, 2025
Links 02/09/2025: Oligarch Tech and Text Encoding Concerns in Ada
Links for the day
"People on LinkedIn Saying That They've Left Red Hat."
We already saw signs of it a month ago and named some of the people
Gone With the BRICs (or BRICS): "Linux 8" in Cuba
GAFAM must be worried
Telecompaper Reports Microsoft to Reduce the Workforce by Another 10% (in France)
Imagine what this will do to staff's morale
India is Back to Windows 8 (Market Share Down to 8%) as Android Soars to a New Record High
For Microsoft, India is a runaway market
Links 02/09/2025: SCO Summit and Russia Suspected Of Jamming GPS
Links for the day
Gemini Links 02/09/2025: Mediterranean Marriage and Staying Connected at 35,000 Feet
Links for the day
The Register MS Says "AI Web Crawlers Are Destroying Websites", So Why Does The Register MS Help 'AI' Companies? (Spoiler: Money)
People need to call out The Register MS on its hypocrisy
Slopfarms Already Peaked, They Will Die When Slop Companies Run Out of Money to Borrow
slopfarms will lack an actual "engine"
Links 02/09/2025: Attacks on Unions, Microsoft TCO, and DDoSing a Growing Problem
Links for the day
Why We Publish Information About the SLAPPs (But Not About the Legal Process), an Abuse of Process by Americans Trying to Silence Critics of Their Employer, Microsoft
It doesn't take thousands of pages to explain something simple
Internet Relay Chat Didn't Fall Off a Cliff
IRC will turn 40 in less than 3 years from now
The UEFI 9/11 - Part V - This is Not a Drill (Disable "SecureBoot" Now)
A "9/11" Coming
There's No Obligation to Speak to Anybody
The very fact that "bkuhn" is till spending time in social control media says a lot about his poor judgment
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 01, 2025
IRC logs for Monday, September 01, 2025
Microsoft Trying to Force People to Resign (Amid Mass Layoffs) a Strategy That Takes Its Toll
Microsoft seems to be circling down the drain and the "final flush" will be the moment the "hey hi" (AI) bubble implodes completely
Google Simply Cannot Be Trusted
Only fools would trust GAFAM
Admission That a Third Party (or Parties) Funds the SLAPPs Against Techrights
This can end up costing them over a million dollars
Modifying and Writing One's Own Computer Programs is Not a Crime (or: Google Proves That Stallman Was Right)
We're generally gratified to see so many positive mentions of him
Why We Stopped Publishing Videos (for Now)
We'll probably get back to videos one day, but it's hard to say when or to what extent
What Animal Rights Activism Teaches Us About Sympathy and Focus
It's possible to believe that the planet is warming, that we must do something about it, and still eat eggs and butter
When You Turn Web Sites About Tech Into Political Sites
A lot of people fall into the trap of catering only for particular groups
Gemini Links 02/09/2025: ROOPHLOCH 2025 and Lagrange 1.19 Released
Links for the day
Gemini Links 01/09/2025: News Corp. WSJ and A Month With NixOS
Links for the day
“Sideloading” Never Killed Anybody
There are many online discussions this week about the misnomer "sideloading"
Slopwatch: Google News as FUD Vector Against Linux and Plagiarism Enhancer, Serial Slopper (SS) Uses LLMs to Googlebomb "Linux"
Slop destroys the Web not just by screwing with search engines and helping plagiarists. It's also responsible for de facto DDoS attacks...
Links 01/09/2025: "Attacks on Science" and China's "Soft Power" Grows
Links for the day
Links 01/09/2025: Fresh Backlash Against Slop and "Norway’s Electricity Crisis is About to Hit Britain"
Links for the day
Writing and Coding Isn't Always Enough
Last year we had to assume a role we didn't have before: litigants
Links 01/09/2025: Catching Up (Mostly via Deutsche Welle), "Windows TCO" Effect in UK
Links for the day
Gemini Links 01/09/2025: Linguistic Barriers and "Web 1.0 Hosting"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 31, 2025
IRC logs for Sunday, August 31, 2025
Autumn Has Come
Autumn should be exciting in all sorts of ways; it'll also mark our anniversary
The UEFI 9/11 - Part IV - External Interference
They all seem to be playing a role in crushing Software Freedom and self-determination for users