
SCO Vs. Blogger
Date: Wednesday, February 14 2007 @ 08:02:41 EST Topic: SCO related
Boston - For three and a half years, a blogger named Pamela Jones has led a relentless online crusade against software maker SCO Group, posting thousands of articles bashing the company for suing IBM over the Linux operating system.
Now
the Lindon, Utah, software company is fighting back by seeking to take
a deposition from Jones. Just one problem: They can't find her.
SCO
tried last week to serve a subpoena to Jones at a house in Darien,
Conn., where they believe she's been living, but the attempt was
unsuccessful, according to a person close to the matter, who spoke on
condition of anonymity.
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 an assertion they may hope to prove in a legal setting.
Lucy Dalglish, a First Amendment attorney and executive director of the Arlington, Va.-based Reporters Committee for Freedom of the Press, says Jones may have to comply with SCO's demands. But she also says the move may not accomplish much for SCO.
"My guess is if you go after a blogger, it'll provoke the blogosphere. It's a pretty stupid move," Dalglish says.
Other companies have taken legal action against bloggers only to have those actions backfire. In January, Apple
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.
Jones did not respond to e-mail inquiries from Forbes. On Saturday, she posted an item on her "Groklaw" blog
telling readers that she would be taking a "health break" for an
unspecified amount of time. She did not mention SCO's attempts to serve
her with a subpoena.
Jones launched her blog in May 2003, two months after SCO sued IBM over the Linux operating system.
SCO
claims IBM took code from Unix, to which SCO claims to hold copyrights,
and put it into Linux operating system, which is distributed at no
cost. IBM denies SCO's claim and has filed a counterclaim against SCO.
Jones
has said on her blog that she follows the SCO vs. IBM case simply
because she is a Linux enthusiast and has a background as a paralegal.
She claims she writes "Groklaw" as a labor of love.
Her blog
provides day-to-day coverage of SCO vs. IBM and related cases,
scrutinizing every motion and document filed and even digging up
background information on the attorneys involved.
Since 2003,
Jones has penned almost 3,000 well-written articles, many involving
significant amounts of legal research and sophisticated analysis.
Almost all of the pieces favor IBM.
Jones lists no address or
phone number on her blog. It is not clear whether "Pamela Jones"--she
also goes by "PJ"--is the blogger's real name or a pen name.
Jones
also has criticized some journalists who cover the lawsuits, including
this reporter, accusing them of being biased in favor of SCO.
In
the past, SCO executives have said they suspect that "Groklaw" is
actually being penned by a team of lawyers, and is funded by IBM.
Jones
in the past has insisted that she has no connection to IBM and
vice-versa. The company declined to comment for this article.
The SCO vs. IBM lawsuit won't go to trial until a related case, SCO vs. Novell
has been decided. That case, which is scheduled to be tried later this
year, is the one for which SCO is attempting to take a deposition from
Jones.
In SCO vs. Novell, software maker Novell, an IBM business
partner, argues that SCO does not own the copyrights to Unix, and
therefore SCO's claims against IBM are groundless.
Novell and SCO
made a Unix licensing deal in 1995. SCO says that deal gave SCO control
over the copyrights to Unix. But Novell says it still retains the
copyrights.
If Novell prevails, SCO's claims against IBM would be washed up.
Novell
has reason to help IBM. Novell is the second-biggest distributor of
Linux. And in 2003, IBM invested $50 million into Novell to help build
its Linux business.
Kenneth Brakebill, an attorney who represents
Novell, confirmed via e-mail that SCO recently notified Novell that it
intended to take a deposition from Jones.
A Novell spokesman, via
e-mail, says the company is aware of SCO's intentions to take a
deposition from Jones, "but we're not commenting."
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