EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

06.24.10

Fake Friends of Linux or Software Freedom

Posted in Database, Free/Libre Software, GNU/Linux, IBM, Microsoft, Patents at 6:33 am by Dr. Roy Schestowitz

Florian Mueller

Summary: Timely reminder of the fact that software patents opposition is not the same of Free software advocacy

THE MOST effective lobbyists are sometimes those who pretend to be the very opposite of what they are. There are many example of that, extending well beyond the realms of IT. We wrote about “controlled opposition” in April [1, 2] and in June when we gave Association of Competitive Technologies (ACT) as an example.

Yesterday we wrote about OIN — the body which endorses Linux and software patents at the same time. It’s bizarre, no doubt about it, but that’s how companies like IBM seem to perceive Linux (more on that in the next post). Others join this same bandwagon for practical reasons [1, 2] that are simple to explain.

Here is what someone wrote to Bradley Kuhn (FSF/SFLC) a short while ago: “Wouldn’t OIN being proactive against [software patents] nullify some of their own member’s patent claims? That would explain their approach.”

The CEO of OIN (Bergelt, the successor of Rosenthal from IBM) says that he is in favour of “good” software patents — whatever that actually means.

“My guess is that he [Florian Müller] is being paid handsomely to act the way he does.”
      –Stefan Gustavson
Groklaw wrote about OIN the other day (not explicitly referring to IBM’s role), defending it unquestionably, as usual. The president of the FFII quoted Groklaw as saying that “Bergelt is highly respected in the FOSS community, as is OIN”; What did he label it? “When Groklaw get it wrong” — that’s right, the FFII was never a big fan of the OIN, either. Certain things which the OIN does are commendable [1, 2, 3, 4, 5, 6], but there might be better ways to defend the freedom of GNU/Linux. On the other hand, there are those who consider OIN’s foes to be foes of GNU/Linux.

Over at Groklaw, Stefan Gustavson writes: “You may be confusing the Florian Müller from 2005 with the person we see blogging now in 2010. He might have been honest then. At least he did some good when the EU patent “reform” was shot down. He certainly isn’t honest any longer. He spreads lies about free software and its proponents, and throws mud in any general direction where Linux is being discussed in public, with a clear intent of spreading FUD. He is not stupid, so he can’t be excused for not knowing better. My guess is that he is being paid handsomely to act the way he does.”

Müller does not seem to have responded to that yet. When we had our suspicions about him and people started to turn up the heat he ended closing comments on his blog. It makes a more controlled platform for him, but he can’t control Groklaw, which continues to accuse him sometimes. Other former colleagues of Müller are equally suspicious.

One thing is for sure; Müller is nothing like the lobbyists from ACT and especially Jonathan Zuck (see video below) who denied wrongdoing in his E-mail to me.


ACT Microsoft

It is astonishing that the European authorities even give this man a seat after he produced fake letters 'on behalf' of dead people, as always in support of Microsoft which funds him. It’s people like these who tear down Europe’s software sovereignty, just as Hollywood’s lobbyists are subverting copyright law in Europe and in Canada (the latter is hot in the news at the moment).

Going back to Müller, he seems to have a fixation targeted at IBM (a bit like Jeff Gould with his anti-IBM rants that he pushed into GNU/Linux Web sites in the form of submissions from “AlexGr”). Müller may be against software patents, but he is not a proponent of GNU/Linux or software freedom. We also know that Müller is close to Monty, who is in Microsoft’s CodePlex. Glyn Moody has just written this detailed article which explains why CodePlex is still an embodiment of Microsoft, even the CTO. [via]

Not surprisingly, CodePlex has been subject to much suspicion – and derision. It was a pretty blatant attempt to jump on the open source bandwagon, in a form that was strictly controlled by Microsoft, which allowed it to place its own interpretation on what open source meant (by including licences that weren’t on the OSI list, for example). And so no surprise, either, that the open source world has pretty much ignored CodePlex as a result. I must confess that I am guilty of this sin too, and that is unfortunate, because something is happening there that is potentially very interesting.

CodePlex is based around .NET, Microsoft licences, and other parts of Microsoft’s proprietary stack. Open Source projects for .NET developers are no better than Mono and Moonlight. They are actually worse because many of them are Windows-only, SQL Server-only, and SharePoint-only. That’s not Open Source, it’s a farce. But Windows sites happily defend this.

Speaking of suspicious ‘friends’, somebody from Finland has told us about the latest giveaway from Tuxera:

Directly related to this is the European case of looming software patents.
Today Mikko Välimäki from Tuxera wrote several blog entries on their law firm’s page, main one is this:

http://www.turre.com/2010/06/softan-patentoinnille-euroopassa-lopullinen-ok/

Title in english: “Final ok for patenting software in europe?”

He even goes to say that decision to allow/approve software patents in Europe would be JURIDICALLY correct. What a nice bat called FUD that is.
And “oikeusvarmuus” is translatable to “assurance of juridical rights”, the same once again.. pay us or be sued.

In conclusion, some who protest against software patents are not in favour of Free software, some who develop for Linux are in favour of software patents, and in the next post we’ll put our sceptical eye on IBM (yet again).

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 18/7/2018: System76's Manufacturing Facility, Microsoft-Led Lobby for Antitrust Against Android

    Links for the day



  2. What Patent Lawyers Aren't Saying: Most Patent Litigation Has Become Too Risky to be Worth It

    The lawyers' key to the castle is lost or misplaced; they can't quite find/obtain leverage in courts, but they don't want their clients to know that



  3. Software Patents Royalty (Tax) Campaign by IBM, a Serial Patent Bully, and the EPO's Participation in All This

    The agenda of US-based patent maximalists, including patent trolls and notorious bullies from the United States, is still being served by the 'European' Patent Office, which has already outsourced some of its work (e.g. translations, PR, surveillance) to the US



  4. The European Council Needs to Check Battistelli's Back Room Deals/Back Door/Backchannel With Respect to Christian Archambeau

    Worries persist that Archambeau is about to become an unworthy beneficiary (nepotism) after a Battistelli setup that put Campinos in power, supported by the Belgian delegation which is connected to Archambeau, a national/citizen of Belgium



  5. PTAB and § 101 (Section 101) Have Locked the Patent Parasites Out of the Patent System

    Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) have contributed a great deal to patent quality and have reduced the number of frivolous patent lawsuits; this means that firms which profit from patent applications and litigation hate it with a passion and still lobby to weaken if not scuttle PTAB



  6. Patents on Computer Software and Plants in the United States Indicative of Systemic Error

    The never-ending expansion of patent scope has meant that patent law firms generally got their way at the patent office; can the courts react fast enough (before confidence in patents and/or public support for patents is altogether shattered)?



  7. Yesterday's Misleading News From Team UPC and Its Aspiring Management of the Unified Patent Court (UPC)

    The Unified Patent Court (UPC) enthusiasts — i.e. those looking to financially gain from it — continue to wrestle with logic, manipulate words and misrepresent the law; yesterday we saw many law firms trying to make it sound as though the UPC is coming to the UK even though this isn’t possible and UPC as a whole is likely already dead



  8. Time for the European Commission to Investigate EPO Corruption Because It May be Partly or Indirectly Connected to EU-IPO, an EU Agency

    The passage of the top role at the EU-IPO from António Campinos to Christian Archambeau would damage confidence in the moral integrity of the European Council; back room deals are alleged to have occurred, implicating corrupt Battistelli



  9. Links 17/7/2018: Catfish 1.4.6 Released, ReactOS 0.4.9, Red Hat's GPL Compliance Group Grows

    Links for the day



  10. Links 16/7/2018: Linux 4.18 RC5, Latte Dock v0.8, Windows Back Doors Resurface

    Links for the day



  11. Alliance for US Startups and Inventors for Jobs (USIJ) Misleads the US Government, Pretending to Speak for Startups While Spreading Lies for the Patent Microcosm

    In the United States, which nowadays strives to raise the patent bar, the House Small Business Committee heard from technology firms but it also heard from some questionable front groups which claim to support "startups" and "jobs" (but in reality support just patents on the face of it)



  12. 'Blockchain', 'Cloud' and Whatever Else Gets Exploited to Work Around 35 U.S.C. § 101 (or the EPC) and Patent Algorithms/Software

    Looking for a quick buck or some low-quality patents (which courts would almost certainly reject), opportunists carry on with their gold rush, aided by buzzwords and hype over pretty meaningless things



  13. PTAB Defended by the EFF, the R Street Institute and CCIA as the Number of Petitions (IPRs) Continues to Grow

    Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) come to the rescue when patently-bogus patents are used, covering totally abstract concepts (like software patents do); IPRs continue to increase in number and opponents of PTAB, who conveniently cherry-pick Supreme Court (SCOTUS) decisions, can't quite stop that



  14. IAM/Joff Wild May Have Become a de Facto Media Partner of the Patent Troll iPEL

    Invitation to trolls in China, courtesy of the patent trolls' lobby called "IAM"; this shows no signs of stopping and has become rather blatant



  15. Cautionary Tale: ILO Administrative Tribunal Cases (Appeals) 'Intercepted' Under António Campinos

    The ILO Administrative Tribunal (ILO-AT) is advertised by the EPO's management as access to justice, but it's still being undermined quite severely to the detriment of aggrieved staff



  16. Asking the USPTO to Comply With 35 U.S.C. § 101 is Like Asking Pentagon Officials to Pursue Real, Persistent Peace

    Some profit from selling weapons, whereas others profit from patent grants and litigation; what's really needed right now is patent sanity and adherence to the public interest as well as the law itself, e.g. Supreme Court (SCOTUS) decisions



  17. BT and Sonos Are Still Patent Bullies, Seeing Patents as a Backup Plan

    The companies seeking to complement their business (or make up for their demise) using patents are still suing rivals while calling that litigation "research and development" (the same old euphemism)



  18. Jim Skippen, a Longtime Patent Troll, Admits That the Trolling Sector is Collapsing

    Canada's biggest patent troll (WiLAN) bar BlackBerry doesn't seem to be doing too well as its CEO leaves the domain altogether



  19. From East Asia to the Eastern District of Texas: XYZ Printing, Maxell, and X2Y Attenuators

    The patent aggression, which relies on improper litigation venues, harms innocent parties a great deal; only their lawyers benefit from all this mess



  20. Links 14/7/2018: Mesa 18.1.4, Elisa 0.2.1, More on Python's Guido van Rossum

    Links for the day



  21. Number of Oppositions to Grants/Awards of European Patents at the EPO Has Skyrocketed, Based on Internal Data

    The number of challenged patents continues to soar and staff of the EPO (examiners already over-encumbered by far too much work, due to unrealistic targets) would struggle to cope or simply be compelled to not properly deal with oppositions



  22. 'Transaction' Complete: Former EPO Executive From Belgium Takes the Seat of António Campinos at EU-IPO

    Rumours that Belgium made a back room deal with Battistelli may be further substantiated with the just-confirmed appointment of Archambeau



  23. EPO Abuses Against People With Disabilities Followed by Legal Bullying?

    The new President of the EPO is not (at least not yet) obeying court rulings from ILO; The above move seems like an attempt to derail ongoing cases at the ILO’s Administrative Tribunal (ILO-AT), i.e. yet more strong-arming



  24. Weeks Later António Campinos Still in Noncompliance With the Courts (ILO's Tribunal)

    'report card' for the ever-so-intransparent (or nontransparent) new President of the EPO, who does not even bother obeying court rulings



  25. Links 13/7/2018: Kube 0.7.0, Trisquel 8.0 LTS Reviewed

    Links for the day



  26. Constitutionality and CJEU as Barriers, the UPC Agreement (UPCA) is Already Moot in the United Kingdom

    The Unified Patent Court (UPC) isn't going anywhere and the UK merely "explores" what to do about it; for Team UPC, however, this means that the UK "confirms intention to remain in Unitary Patent system after Brexit" (clearly a case of deliberate misinformation)



  27. It's Not About EPO 'Backlog' But About Faking 'Production' by Lowering Standards

    Remarks on the EPO dropping all pretenses of genuine care for patent quality; it's all about speed now, never mind if wrongly-granted patents can cause billions in damages across Europe (a lot of that money flows towards patent law firms)



  28. Links 12/7/2018: GTK+ 4.0 Plans, OpenBSD Gains Wi-Fi “Auto-Join”

    Links for the day



  29. The Anti-35 U.S.C. § 101 Lobby Pushes Old News Into the Headlines in an Effort to Resurrect/Protect Software Patents

    The software patenting proponents (law firms for the most part) are still doing anything they can -- stretching even months into the past -- in an effort to modify the law in defiance of Supreme Court (SCOTUS) rulings



  30. Thomas Massie and Marcy Kaptur Are Promoting the Interests of Patent Trolls and Patent Lawyers While Calling That “Innovation”

    Remarks on the ongoing effort to promote patent trolls’ interests under the guise of “helping small businesses” — a very misleading propaganda pattern that we have been finding in Unified Patent Court (UPC) lobbying at the EPO


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts