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SCO Vs. Groklaw

Posted by kdawson on Tue Feb 13, 2007 11:15 PM
from the timely-break dept.
Conrad Mazian points us to an article in Forbes reporting that the SCO Group is trying to subpoena Pamela Jones of Groklaw. Except they can't find her. A few days ago PJ posted a note on Groklaw saying that she is taking some time away from the blog for health reasons; she didn't mention any SCO deposition. SCO's lawyers apparently believe that "Pamela Jones" does not exist and that Groklaw is penned by a team of IBM lawyers.
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[+] Groklaw No Front for IBM 206 comments
A Groklaw Reader writes "After all the wild speculation SCO put forth about Pamela Jones, her alleged subpoena by SCO, and her recent vacation due to illness, we now have Stephen J. Vaughan-Nichols writing to say 'Yes, there is a PJ.' In his own words, he says, 'Let me address this directly. Yes, Pamela Jones is a real person. I've met her several times [...] I consider her a friend. She is not a front for anyone.' Hopefully, this statement will be enough to put those SCO-induced conspiracy theories to rest."
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  • by MagikSlinger (259969) on Tuesday February 13 2007, @11:19PM (#18007312) Homepage Journal
    Remember that fictional movie critic Sony created awhile back? Maybe Pamela eloped with him? :-)
  • Does it matter? (Score:5, Interesting)

    by ZachPruckowski (918562) <zachary.pruckowski@gmail.com> on Tuesday February 13 2007, @11:21PM (#18007322)
    As far as I know, everything hosted on Groklaw has been a matter of public record, and the blog has been clear in its anti-SCO bias from the get-go. There's no gag order in place, is there? And there's no rule that says you need to be honest on the Internet. I mean, since the info is true, does it legally have any bearing if PJ is one of IBM's lawyers, a real person, or the Easter Bunny?

    Also, if Groklaw was run by IBM lawyers, why would it get involved in the Sony rootkit fiasco [groklaw.net]? I mean, IBM wouldn't want to come out against Sony if they could avoid it (supplying the PS3 with parts as they are) and also, why have your lawyers handle stuff like that?
    • Delay (Score:5, Insightful)

      by Xenographic (557057) on Tuesday February 13 2007, @11:37PM (#18007442) Homepage Journal
      It's yet another SCO delay tactic, in my estimation. I think everyone should know by now just how far they've drawn out this process. There was a mention on Pacer that said something about getting an extension of time to do more depositions.

      Oh, and of course you'd be right to think that they're probably trying to make her personal information public. I think most people here should remember when Maureen O'Gara wrote that nasty piece with information gathered by SCO's PIs, who have been stalking PJ for a long time now, so far as I'm aware.

      As for what they'll do with that information, I don't know. But SCO put out fake signs back when they were picketed, so no matter what they do I bet it'll be something mean. Of course, if *that* happens, you can bet that someone will be looking up Darl's home phone number and posting it in that Slashdot story. You know, just in case someone wanted to help him understand why people don't like it when you post their personal information... :]
    • Re:Does it matter? (Score:5, Insightful)

      by iminplaya (723125) <(iminplaya) (at) (gmail.com)> on Wednesday February 14 2007, @12:02AM (#18007620) Journal
      Too many people are hung up on the messenger as opposed to the message. That's why the big stink over phoney bloggers. In fact look at the people who preach up and down about Jesus. It's all about the man, and little if any about his message. I've noticed the same thing with some people right here on slashdot with those who won't listen the ACs no matter what was posted. If they wish to remain ignorant, it's their choice, and their loss, but it makes me have second thoughts as to whether they should allowed to vote in anything outside their local elections. I don't like the thought of people from Utah voting for politicians who believe they have a right to break into my computer in Peoria.
    • by jours (663228) on Wednesday February 14 2007, @12:07AM (#18007648) Homepage
      > And there's no rule that says you need to be honest on the Internet.

      And it's a good thing too..otherwise we wouldn't have anyone left writing article summaries for Slashdot.

  • by Anonymous Coward on Tuesday February 13 2007, @11:21PM (#18007326)
    That there are no real females on the internet. I think SCO may have something here.
  • I'd be stoked (Score:5, Interesting)

    by WasterDave (20047) <davep@ze3.14159dkep.com minus pi> on Tuesday February 13 2007, @11:21PM (#18007330)
    I'll be absolutely stoked if IBM made the whole thing up. Best ... astrotuf ... ever!!

    But somehow I don't think so. Somehow I think she's just kinda knackered.

    Dave
  • So what? (Score:5, Insightful)

    by seanadams.com (463190) * on Tuesday February 13 2007, @11:22PM (#18007334) Homepage
    Why would SCO want to depose Jones? SCO officials declined to comment about the matter. But in the past, company officials have said that Jones and her blog, called "Groklaw," were acting as a front for IBM (nyse: IBM - news - people )--an assertion they may hope to prove in a legal setting. Sounds pretty far fetched, but so what even if she is? Is that even illegal?

    What are the grounds for a subpoena? I don't think she has ever made even a passing hint that she has any inside knowledge of anything. On the contrary, it's all just commentary on publicly available filings.

    However, I will say that the timing and content of her blog post is totally consistent with someone trying not to be found. Just rm -fP your files and don't log in to the server for a while. As long as you haven't left a trail through billing or domain registration, you'd be nearly impossible to find.

    • Re:So what? (Score:5, Insightful)

      by scoove (71173) on Tuesday February 13 2007, @11:53PM (#18007568)
      I've participated on Groklaw since the beginning, and would suggest that SCO is very troubled if this is all its legal team is left to manifest on.

      It's comparable to Captain Queeg's determined investigation of the theft of ice cream in the classic Bogart film, The Caine Mutiny [wikipedia.org]. Lacking anything else of substance to confirm his paranoid belief of mass insubordination, Captain Queeg becomes consumed with the delusion that a conspiracy is involved in the disappearance of ice cream on his ship. Unfortunately, this paranoia and further indecision under crisis results in his being relieved of duty.

      SCO's relief of duty isn't far away, from reviewing their financials (absent third party financing at this point, 2007 should be their last as an operating concern). Pursuing delusions of a grand IBM conspiracy through the proxy of Pamela is unfortunate. I can certainly understand the absolute frustration some of Salt Lake City's finest socialites must feel in being beaten by unworthy middle class losers, open source geeks and an old money company like IBM. They were confident that political connections, "contributions" to candidates like dear Senator Hatch, ownership of the state judicial system and other entitlements the Salt Lake City elite expect on their home turf would extend to this litigation. Those born with the proverbial silver spoon affixed to their rear egress-orifice simply can't conceive that those from lessor social classes could ever best them.

      Having closed at $1.01 today, SCO investors (even those who have shorted the stock) need to remember that when this security stresses, liquidity will be impossible to come by. Expect some real fireworks soon when shareholders discover liquidity necessary to exit is gone and a "bank run" occurs. Those considering shareholder action need to move before the management team constructs their parachutes in the next month or so, leaving nothing for creditors and litigants.

      Time's running out...
      • by Xenographic (557057) on Tuesday February 13 2007, @11:58PM (#18007598) Homepage Journal
        I don't think it will help SCO at all. I think it's just a dirty trick they're using to punish PJ for speaking out against what they've been doing. But we all knew that, huh?

        I hope that when she feels better again, she finds some good way to respond to this deposition without giving SCO any opening to make all of her personal details public (like Maureen O'Gara [wikipedia.org] once attempted to) and without opening herself up to any other form of harassment.

        And I don't blame her one bit for being sick. Just thinking about the crap they're pulling now is enough to make me sick. She has every right to feel like a psycho ex is stalking her :(
  • This is silly (Score:5, Informative)

    by greg_barton (5551) * <greg_barton@y a h o o . c om> on Tuesday February 13 2007, @11:22PM (#18007338) Homepage Journal
    See her wikipedia page. [wikipedia.org] It lists her as author of several articles and co-author of a book. At some point she had to meet with editors or sign a contract, information about all of which is probably subject to subpoena. If SCO hasn't looked into this they're just spreading FUD. (The wikipedia article is the first listing when googling "Pamela Jones," for goodness sake: linky [google.com]
  • by Nimloth (704789) on Tuesday February 13 2007, @11:22PM (#18007340)
    Says so in her Wikipedia entry [wikipedia.org]:

    "Others falsely accused her of being associated with IBM."
    Seems quite clear to me she's not associated with IBM... I guess SCO doesn't know about Wikipedia.
  • by AllParadox (979193) on Tuesday February 13 2007, @11:23PM (#18007344)
    I, however, am a figment of my own imagination.
  • ...was convincing SCO she didn't exist.

    Seriously waiting for Darl McBride to drop his coffee mug and see the name of IBM's lead attorney printed on the bottom.
  • A slight to EFF? (Score:5, Insightful)

    by Red Flayer (890720) on Tuesday February 13 2007, @11:29PM (#18007392) Journal
    FTA (emphasis mine):

    Other companies have taken legal action against bloggers only to have those actions backfire. In January, Apple (nasdaq: AAPL - news - people ) was reportedly forced to pay $700,000 to cover the legal expenses of bloggers against whom it had tried to take legal action, thanks to the efforts of the Electronic Frontier Foundation, a San Francisco group that defends bloggers.

    Oh, so that's what EFF does.


    Good thing Forbes cleared that up for me, I thought they do a lot more than that [eff.org]. And what does San Fran have to do with this case? EFF is an national organization -- and though it is based in SF, the article misrepresents tham as being a local group.
  • by whackeroony (240663) on Tuesday February 13 2007, @11:38PM (#18007452)
    Slashdot is as stupid for allowing his tripe to be posted here as Forbes is in employing him
  • by andy314159pi (787550) on Tuesday February 13 2007, @11:42PM (#18007494) Journal

    A few days ago PJ posted a note on Groklaw saying that she is taking some time away from the blog for health reasons;

    SCO's lawyers apparently believe that "Pamela Jones" does not exist
    I would say that failing to exist would indeed be a serious health problem that you should probably take time out to treat.
  • by Grond (15515) on Tuesday February 13 2007, @11:49PM (#18007532)
    A lot of people are asking why SCO would want to do this or would care. My theory is that SCO hopes to get access to IBM's attorneys' work product.

    Normally an attorney's work product (memos, notes, theories, etc created as part of the attorney's work for a client) cannot be discovered by the opposing side. It works like attorney-client privilege.

    However, just like the attorney-client privilege, the work product privilege can be waived intentionally or unintentionally if the attorney (or client) shares the information with someone outside the attorney-client relationship. SCO's theory may well be that if an IBM lawyer posts to Groklaw an analysis of the case that amounts to a summary of IBM's theory on the case, then SCO should be allowed access to all of the attorney's related work product. Depending on the judge, SCO may even be granted access to all of the work product of every attorney at that firm assigned to the SCO v. IBM case, although that's pretty unlikely unless the judge has some pet peeve about attorneys commenting to the media/public about ongoing cases.

    So, while this may seem like just another last-ditch delay tactic by SCO (and it probably is), there may well be a not-entirely-unreasonable legal basis for it.

    (Note: I am not a lawyer and this is not legal advice.)
  • say a word for PJ! (Score:5, Insightful)

    by jamienk (62492) on Tuesday February 13 2007, @11:50PM (#18007538)
    Not only is PJ a real person, but she is one of the few public intellectuals who really inspire with her integrity, honesty, and quirkiness. I swear I almost shed a tear when she resigned from a paying job to quickly dispel the FUD-of-the-week about her. It is amazingly rare to read such a person in todays world on issues of technology, business, and the law.

    Quirk: She ardently enforces a policy of no cursing (she gives warning to users who write "BS"). She claims this is to keep discussion respectful.

    She stands tall for what she believes is right, whether it relates to the SCO case or not. She has focused on many other issues, including great coverage of the current MS anti-trust case, and the MS/Novel deal, a well as long and recurring essays on ethics.

    She graciously defers to people who know more than her on technical issues, and is willing to change her mind.

    The underlying themes of her blog (often discussed explicitly) are:

    * The US legal system is an attempt to be fair under difficult and complex situations -- it's hard to see this sometimes, but cynicism is an incorrect analysis.

    * Business can be good, but business does NOT mean a sacrifice of all values except a quick buck. She is very pro-business.

    * A person who stands firm in their knowledge of truth, even as others attack them, has a very difficult road ahead of them; but those who lie, attack, or surrender face harsh spiritual repercussions. In this, as in almost all of her attitude, a Christian sensibility shines through. But rather than being off-putting, dogmatic, or familiar, she comes across as convincing, passionate, and wise.

    Thank you PJ! You are a role model for us all!
    • by arun_s (877518) on Wednesday February 14 2007, @12:08AM (#18007660) Homepage Journal

      ..she is one of the few public intellectuals who really inspire with her integrity, honesty, and quirkiness. I swear I almost shed a tear when she resigned from a paying job to quickly dispel the FUD-of-the-week about her.
      I started reading Groklaw late, but I did find about this incident too. The link is here [groklaw.net].
      And here's a memorable quote from that post, where she's explaining her reasons for resigning:
      Money is nice, but integrity is everything. --PJ, Groklaw.
      Truly an amazing lady.