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Linux Journal On Linux's Adoption In U.S. Courts

Sam Hiser writes "Tom Adelstein writes in Linux Journal that, technically, one-third of the U.S. Government has moved to Linux: its Third Branch, the Judiciary. That's 30,000 users across 800 locations, comprising the nation's Federal court system. Given our information overload, it's easy to miss the most significant kernels of news."

20 of 217 comments (clear)

  1. One can only hope... by drooling-dog · · Score: 4, Interesting

    ...that the wide use of Linux in the court system will make judges just a little more skeptical of the legal antics that Microsoft will undoubtedly be throwing against it in the years ahead.

    1. Re:One can only hope... by Master+of+Transhuman · · Score: 4, Interesting

      Oh, no, they DON'T have Word.

      I was just in the Federal Court Clerk's office here in San Francisco around the first of the month paying my restitution as I do every month.

      I happened to notice the clerk was keying a document in using WORDPERFECT - which STILL dominates the legal field. I even mentioned it to her, saying that too many legal WordPerfect macros exist to switch to Word. She laughed.

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    2. Re:One can only hope... by darkmeridian · · Score: 4, Interesting

      WordPerfect dominates the legal field partially because it counts footnotes and such in its word count feature. Court documents done with Word sometimes go over the limit and get bounced back from the courts summarily. This is bad. In fact, Judge Posner wrote an article warning against this troubling aspect of Microsoft Word.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
  2. Nothing but good news by PhysicsGenius · · Score: 4, Interesting

    I think it is especially significant that Linux has been adopted by the Judicial branch which is both the most savvy branch (people hate Congress and the White House, but few hate the SCOTUS) and, constitutionally, the one given the most power over the other two. I look forward to an activist judge mandating that all branches must use Linux to adopt and maintain transparent government.

    1. Re:Nothing but good news by Short+Circuit · · Score: 1, Interesting

      If there's one thing I've noticed about rulings in court cases, (at least as posted here on slashdot) it's that judges tend to be very reluctant to make statements that have lasting implications in future law and court rulings.

    2. Re:Nothing but good news by Oddster · · Score: 3, Interesting

      Sorry, but you're wrong.

      The Supreme Court, constitutionally, actually has the least power delegated to it. It was fairly weak until the concept of "judicial review" was established in Marbury v. Madison in 1803. In that case, the court found that a writ of mandamus, established by the Judiciary Act of 1789, was unconstitutional under Article III of the constitution. Since nobody challenged the court's declaring of a legislative act unconstitutional, it was held that they were allowed to do so, thus establishing said concept as doctrine. Do not confuse long-standing case law with the Constitution, they are far different things.

      Google the case, you'll find oodles of information.

      Also, around the mid 20th century (I forget when this took effect or any specifics), the court also changed its rules on standing (the right a person has to bring a case to court). Previously, it was a very narrow standard - the damages had to be real and specific to the plaintiff. The court expanded its power by broadening the rules on standing - this is what allows groups like the Sierra Club to bring suit against industry over environmental issues, despite not having any real damages to themselves.

      IANAL but I am a political junky.

  3. Is a good start by gmuslera · · Score: 3, Interesting
    Lets see what will happens with SCO even smaller chances. Now the legal system is in illegal state?

    Anyway, probably is the beginning of a good move. If something could shift the balance towards open source, open formats (hope there the court resolutions are not published in msword format, or required that format to present documents) and really wider access to information ("no, you can't show THIS for contract/base software limitations").

  4. Gov't adoption is the good news by TheLoneCabbage · · Score: 4, Interesting

    It doesn't much matter what branch of the govt uses it. At the end of the day the Gov't controls around 1/4 of the nation GDP. It controls how and where that's spent.

    ALLOT of money flows out of the gov't and stirs allot of industry. Especially durring recessions, that have been a classic time for gov't over spending, since FDR, to restimulate the economy.

    If you want that money, you will run what ever software the gov't tells you too. Ideologies aside you have a buisness to run. To be compatible with the gov't agencies is essentials.

    And as that money spreads out, to subcontractors, and support industries the chain of compatibilty does as well.

    I worked for 2 years for a company that did court document back up. They declared what their standards were. If we wanted the contract we did as we were told. And we chose the servers that meant the absolute least friction between start and support.

    This is a much bigger deal than just public relations.

    1. Re:Gov't adoption is the good news by Epistax · · Score: 2, Interesting

      This is coming from the philosophy that you don't want to pay for anything that does not directly benefit yourself, such as people who don't have children not paying for public schools. I kind of understand this belief and it comes from people not seeing indirect benefits. As I learned in an economics class you gain overall by giving money to the education system in straight $, it's just not direct.

      While a minority of the government's money comes from personal income tax, I think it would be advantageous if people could select roughly how their tax should be used. As an example I'd select "strong use" for education (grants, public schooling), welfare and international issues while "minimal use" for things like the US military budget (active roll, not research). This would actually give people a direct voice as to how the country should spend money (although as I said it wouldn't be a very strong one because most of the money spent doesn't come from personal income tax). Morever this would actually give people a small voice in how things should actually be run (elections don't work as well because millions need to have the same view or else yours doesn't matter). I'm not suggesting anyone have the ability to opt out of taxes because they think society owes them for some reason.

  5. Re:Why are they moving to Linux? by mOoZik · · Score: 2, Interesting

    Free, less expensive: same incentive. I was commenting on the propagation of Linux as a whole, not just in this case.

  6. Re:Wow! by orthogonal · · Score: 1, Interesting

    Now let's see the US government follow in Germany's footsteps and directly sponsor the development of some critical piece of open-source software.

    What, Total, er, now, Terrorism Information Awareness, CAPPS II, and Echelon aren't enough for you?

    Following in Germany's footsteps indeed.

    Although I think Reichminister Ashcroft isn't so much following the footsteps of the current Bundesrepublik Deutschland as those of Das Dritte Reich -- that is Himmmler's and Heydrich's footsteps.

  7. The government *must* use linux? by Anonymous Coward · · Score: 3, Interesting

    I recall hearing once that the government was required to go with the lowest bidder in a new contract for many of it's purchases.
    So.. isn't linux the lowest bidder?
    So, is the government required to use it then?
    Just curious if anybody knows about this..

  8. Information by tehcyder · · Score: 2, Interesting
    Given our information overload
    E.g. the largenumber of non-news stories filled with misleading "statistics" on popular geek websites.

    --
    To have a right to do a thing is not at all the same as to be right in doing it
  9. Re:Wow! by Anonymous Coward · · Score: 1, Interesting

    Yea...and Microsoft is trying to pollute/proprietize it with Active-X technologies. If the dept. of justice allows this, then a large portion of the web will be inaccessable to non-IE browsers.

  10. Re:Constitutionally the most power? by Halo- · · Score: 3, Interesting

    I completely agree with you in principle. Without getting overly political, I still feel it's appropriate to point out that lately the SCOTUS (and the judicial branch as a whole) has had a lot of its powers reduced. The PATRIOT act is just on of the ways the legislative branch has given the executative branch the ability to bypass the courts. The requirements for trials, warrants, and openness have been greatly reduced post 9/11. There was recently even a bill introduced to allow Congress to overrule the courts if they wanted. (Fortunately this got voted /laughed down).

    This is to say nothing about the current "the president's executive priviledge overrides any other law" memos that are making news lately...

    Finally, it's important to remember that the judicial system as a whole, especially the SCOTUS, is the slowest branch. As you pointed out, they mut wait to be called, and they almost always act after the fact. If legislators pass an unconsitutional law, or the executive branch steps on someone's rights, there is a considerable window in which the law is in effect, and those people rights are trampled before the SCOTUS can put a stop to it.

    Checks and balances are the cornerstone of the US system, and branches fighting for power is in the design. Unfortunately there have been some fairly substantial swings lately which will hopefully right themselves soon.

  11. Re:Why are they moving to Linux? by Anonymous Coward · · Score: 1, Interesting

    All in all, I expect the users will be as productive. Solaris->Linux isn't a world of difference.

    The real reason this is significant is because it means that US Government-approved application developers are making Linux software. An OS is something you run apps on; no apps, no need for the OS.

    As to the almost FUD-inducing statements about free and performance, free is good but free doesn't mean without cost. Crap software costs you money through either downtime or lost performance. I doubt the AOUSC failed to evaluate the performance of the software or put in a QoS clause in the contract.

    They paid $9,000,000 to the prime, Titan Corp, not counting the in-house management costs which in my experience will run 10-25% of the contract cost. Support will be provided by either AMS, the provider of the Momentum financial software, or BakBone & Linux Advantage, who is providing the archival software.

    Momentum is already used by 94 districts and AMS had to go through the "approved vendor" process (whatever that might be, I don't work for AOUSC) so they are obviously providing the AOUSC acceptable level of support or else they would be removed from the list.

    BackBone is providing Netvault, a back-end archival solution. Backup services are something Linux has been doing in the enterprise space since the mid-90's. To my knowledge, 10 years of experience in the IT field *is* a long-term study.

  12. Re:WordPerfect by Anonymous Coward · · Score: 3, Interesting

    I am an employee of the Federal Courts and WordPerfect is still the word processing program of choice. We only have a handful of Office licenses and those are primarily for Excel. I believe the reason is that the AOUSC has a license with Corel for an unlimited number of users.

  13. Implications to the SCO case... by SuperChuck69 · · Score: 2, Interesting
    My first reaction was "Woohoo! No way SCO can win now!"

    My second reaction was "What if they don't like it?"

    Then it dawned on me that individual judges neither have interest nor reasonable say in what their computers are running. So, for the most part, the point is moot.

    However, there is one interesting twist. How much leniency is SCO allowed to give the federal government. You know the "if sco wins, it will cost the federal government $22M" point will come out in court. While that should not have a direct effect, no judge wants to have his name attached to that. Of course, SCO will cut a deal for government use of "their" code. But big a deal are they allowed to give the government before it's considered preferential treatment?

    --
    :wq
  14. Re:WordPerfect by widderslainte · · Score: 3, Interesting

    It's been a couple of years, but I used to run the computer lab at a law library. WP/Word use was pretty even, but I think people would throw a fit if they tried to get rid of WordPerfect.

    Lexis/Nexis and Westlaw were both deploying web interfaces, and only training new users on them, rather than the desktop client software. At the time (Fall 2000) they worked find on Netscape 4.x.

  15. Re:One can only hope not by Toadpipe · · Score: 3, Interesting

    The law firm I work for just recently started using linux servers to store our documents to keep up with the new electronic filing rules. And the boss (the lawyer) still thinks the best way to view a website is to print it out and read it (not kidding, and among lawyers this type of thing is not rare).

    Since all judges were once lawyers, and lawyers must be forced to even acknowlege the tech tools around them (on their desk even), I think it's a good bet to say that the Justice's would be shoked to hear they even have computers (let alone that they run linux).

    So don't worry, I'm not.

    --
    Nostalgia ain't what it used to be.