Groklaw: Юридический взгляд на свободное ПО и открытые стандарты

Legal website

Groklaw is a website that covered legal news of interest to the free and open source software community. Started as a law blog on May 16, 2003, by paralegal Pamela Jones ("PJ"), it covered issues such as the SCO Linux lawsuits, the EU antitrust case against Microsoft, and the standardization of Office Open XML. Jones described Groklaw as "a place where lawyers and geeks could explain things to each other and work together, so they'd understand each other's work better". Its name derives from "grok", roughly meaning "to understand completely", which had previously entered geek slang. Other topics covered included software patents, DMCA, the actions of the RIAA against alleged illegal file sharers, and actions against free and open software such as Android and Linux.

According to a 2003 interview with Jones, the blog was started to cover legal news and to explain it to the tech community. The first article was entitled "The Grokster Decision – Ode To Thomas Jefferson". It was about the effect of P2P on the music industry, and the then recent court decision in MGM Studios, Inc. v. Grokster, Ltd., by Judge Steven Wilson in favor of the defendants. It also covered the previous Napster decision, and why it was different, causing Napster to be shut down. The article included a quote from Thomas Jefferson and references to David Boies, who was Napster's attorney. The second post, on May 17, 2003, also covered legal issues – the SCO v. IBM lawsuit – entitled "SCO Falls Downstairs, Hitting its Head on Every Step". It criticized Caldera Systems for the way they were handling the suit outside of court, and included quotes from Bruce Perens, Richard Stallman, Steve Ballmer, and Linus Torvalds. It ended:
David Boies has agreed to represent SCO. I am trying to remind myself that our legal system is predicated on lawyers sometimes representing people they don't personally admire, and the system really does depend on someone being willing to take on unpopular clients. I know Boies doesn't use email, or at least he didn't the last time I checked. So maybe he doesn't quite get the tech ah, hang it all, there's no way around it: I feel bad he's chosen to represent them, especially after I posted an Ode singing his praises, and I hope he loses. The blog soon became popular with the free software and open source communities and others, and attracted a community of volunteers and commenters. Its popularity caused it to outgrow Radio Userland, and on November 22, 2003, the standalone Groklaw website, hosted by ibiblio and running Geeklog software, was up and running.

Groklaw was the personal creation of Jones, and it published articles (both news and opinion) from a self described pro FOSS, anti FUD perspective. While articles meticulously followed SCO's litigation activities, they were accompanied by reader submitted comments that were "overwhelmingly pro Linux and anti SCO."

Jones was widely respected by journalists and people inside the Linux community. Steven J. Vaughan Nichols wrote, "Jones has made her reputation as a top legal IT reporter from her work detailing the defects with SCO's case against IBM and Linux. Indeed, it is no exaggeration to say that her work has contributed enormously to everyone's coverage of SCO's cases." Despite the high regard of Jones' peer journalists and the Linux community (or possibly in part because of it) , a number of prominent attacks against Groklaw and Jones occurred. These attacks were documented and addressed in detail, on Groklaw and other web sites and also in court as part of the SCO litigation
During the first week of May 2005, Maureen O'Gara, writing in Linux World, wrote an exposé claiming to unmask Jones. Two weeks before O'Gara's publication, McBride said that SCO was investigating Jones' identity. including a photo of Jones' supposed house and purported addresses and telephone numbers for Jones and her mother. After a flood of complaints to the publisher, lobbying of the site's advertisers, and claims of a denial of service attack launched against the Sys Con domain, Linux Business News' publisher Sys Con issued a public apology, and said they dropped O'Gara and her LinuxGram column. Despite this assertion, O'Gara remained with Sys Con; as of 2009, she is the Virtualization News Desk editor at Sys Con Media, who describe her as "[o]ne of the most respected technology reporters in the business" and has her work published in multiple magazines owned by Sys Con Media. SCO executives Darl McBride and Blake Stowell also denigrated Jones, and claimed that she worked for IBM. Jones denied this allegation, as did IBM in a court filing. During an SCO conference call on April 13, 2005, McBride said, "The reality is the web site is full of misinformation, including the people who are actually running it" when talking about Groklaw, adding also "What I would say is that it is not what it is purported to be". Later developments in the court cases showed that McBride's statements to the press regarding the SCO litigation had limited credibility; very few such statements were ever substantiated and most were shown to be false. For example, McBride claimed that SCO owned the copyrights to UNIX, and SCO filed suit to try to enforce these claims. The outcome went against McBride's claims. The jury found that SCO had not purchased these copyrights. SCO appealed this ruling and lost. McBride also made a claim to the press that there was a "mountain of code" misappropriated to create Linux. When SCO finally presented their evidence of infringement, which centered on nine lines of error name and number similarities in the file errno. h, Judge Wells famously said "Is this all you've got?" Professor Randall Davis of MIT later made a convincing demonstration that there were no elements of UNIX which might be copyright protectable present in the Linux source code.

Anticipating further legal threats against GNU, Linux, and the free software community, Jones launched Grokline, a Unix ownership timeline project, in May 2004. One notable result of the Groklaw/Grokline effort was obtaining and publishing the 1994 settlement in USL v. BSDi, which for over a decade had been sealed by the parties. The document was obtained through a California freedom of information statute (the University of California, being a publicly funded institution, is required by law to make almost all of its documents public), and the release of the settlement answered many questions as to the ownership of the Unix intellectual property. The Linux documentation project Grokdoc wiki was started in 2004, with the stated goal "to create a useful manual on basic tasks that new users will find simple and clear and easy to follow." Groklaw extensively covered patent problems with software and hardware, use of the DMCA against free software ideals, Open standards, DRM, GPLv3, and published The Daemon, the GNU & the Penguin, a series of articles by Peter Salus covering the history of Unix, Linux and the GNU project. It covered the Oracle v. Google in which Oracle alleged that Google's Android platform infringed copyrights and patents related to Java.

In January 2009, Groklaw entered a second phase, focusing on consolidation and cleanup of the legal history collected on the site. In April 2010, Groklaw was selected by the Library of Congress for its web archival project, in the category of Legal Blogs. On April 9, 2011, Jones announced that Groklaw would stop publishing new articles on May 16, 2011, its 8th anniversary, as it had accomplished its original mission of revealing the truth behind the SCO lawsuits. On May 16, 2011, Jones reaffirmed her desire to step down from writing daily articles and announced that the new editor would be Mark Webbink. Subsequent to this decision, new patent and copyright based attacks on the Android operating system led to Jones resuming an editorial role, and along with Mark Webbink she moderated and edited the site. On August 20, 2013, a final article appeared on Groklaw, explaining that due to pervasive government monitoring of the Internet, there could no longer be an expectation of the sort of privacy online that was necessary to collaborate on sensitive topics. Citing the closure of Lavabit earlier that month, Jones wrote "I can't do Groklaw without your input and there is now no private way, evidently, to collaborate." and "What I do know is it's not possible to be fully human if you are being surveilled 24/7 I hope that makes it clear why I can't continue. There is now no shield from forced exposure." During 2020, the site was intermittently unavailable. , the home page and parts of the content are still available.