Bonum Certa Men Certa

Recommendations for OIN, IBM, and Florian Müller

Never alone
Peace with IBM and OIN -- not hostility -- will make Free software safer



Summary: Analysis of the latest motions against OIN and against IBM, courtesy of Müller

AS the conversation with Florian Müller carries on, we are hoping to find out why he supports a Microsoft-backed fight against IBM (which has quite a monopoly on GNU/Linux in the mainframe). We are trying to show both sides of this story rather than be directly involved in the argument.



Müller has written a new post about "four alternative ways to improve the Open Invention Network's patent license agreement" where he says that "Journalists are also puzzled"; well, actually, if they are baffled, then it's probably because he puzzled some of them by posting the material which he mass-mails to many journalists. A lot of people may not know this, but it's only fair to say that Müller sends many mails separately to a lot of people who write about the subject. It would at least be honest to mail one message with a list of recipients who get an identical message.

So anyway, to many journalists there is no controversy at all here (exception among Microsoft boosters like Gavin Clarke and others who are apathetic or hostile towards GNU/Linux). Müller is trying to change that and "In a new blog posting," he told us, "I explain the biggest problem I have with the OIN's patent license agreement in a way that programmers and other non-lawyers can understand, and then outline four alternative ways to address the problem identified." For those who have not seen Müller's previous rants about the OIN, start around [1, 2, 3, 4].

We too are critics of OIN, but it does not go as far as it does for Müller, to whom IBM is the worst thing since The Plague. Actually, IBM's practices in IT have so far been rather benign, at least over the past decade. Müller paints a target on the wrong company, unless he can provide more compelling evidence.

Müller has also been writing on the issue of codecs and at times criticising WebM [1, 2, 3]. "Now the FOSS detractor [Müller] is attacking Google's VP8/WebM," wrote Pamela Jones in Groklaw some days ago (regarding his new post about WebM). "There's your "freedom fighter," boys and girls. Is there anyone or anything FOSS he *doesn't* find fault with?"

Here is a portion of another new rant from Müller (also about OIN):

It's easy to see why IBM wouldn't want the list to include the Hercules open source mainframe emulator. Its patent pledge shows that it likes to redefine its commitments. But if Red Hat and Novell determined that some OIN patents might hurt a competitor of theirs like Mandriva, they could also use the OIN for that purpose.

The OIN's definition of the "Linux System" changes all the time. Since it's version-specific, that's inevitable until they adopt a fair, reasonable, non-discriminatory, reliable and transparent approach instead of the current scheme.


"Maybe this is of interest with a view to future articles on Linux patent issues," Müller told us. Well, actually this is possible to resolve with an open letter or an E-mail. We covered this subject before and OIN's scope of coverage is not the principal issue. It is true that OIN needs to be more transparent and communicate better with the public. Instead, OIN guards its image and keeps silent on the topics which matter (so does IBM). Over a year ago the OIN approached me with an offer of an interview to publish with OIN's CEO. I took the offer and typed up a few hard questions (but mostly easy ones), such as the OIN's vulnerability in defending against patent trolls. Suddenly, the same OIN which wanted me to interview the CEO lost interest in this idea. They must have wanted just a one-sided story and my sceptical questions did not guarantee it. So here's just one anecdotal story about an area where the OIN must improve.

“Florian Mueller is busy on Slashdot trying to rally the community against IBM, and getting absolutely nowhere, I notice.”
      --Pamela Jones, Groklaw
Moving on a bit, regarding Müller's support of Microsoft's side in the mainframe case, Jones writes at Groklaw (citing IDG): "I see Maureen O'Gara is writing supportingly of NEON. And Florian Mueller is busy on Slashdot trying to rally the community against IBM, and getting absolutely nowhere, I notice. By the way the headline is wrong. There is no "Open Source" complaint, and the community doesn't much like being used like this. The FOSS community is made up mostly of geeks. That means brains are not in short supply. And they can recognize phony issues when they see them. And they know how to research and figure out who is really behind all this. And frankly, the FOSS community supports the rights of any programmer or company to license its work and defend it from Psystar-like attacks. That may be news to Hollywood, but the GPL is a copyright license, and it is also defended when required."

Speaking of IBM, a few days ago we wrote about the software patents situation in New Zealand. The role of IBM was mentioned by us because a lobbying front backed by IBM pushed for software patents to be legal in New Zealand. Here is a recent article about this front, which Microsoft supports too (many American multinationals are listed). From the analysis: [via Groklaw]

What influence does NZICT have on Government Ministers?

When asked whether they thought the Government would go through with the recommendation, he assured me (with a knowing smile) that "they'll definitely reconsider their position, and reopen the issue for discussion". When asked how this could be achieved given Simon Power's strong statement in support of excluding software patents, the board member admitted he was surprised by that as well... and said that it would certainly make their eventual reversal more troublesome (but he didn't doubt that the Government would reconsider their position and make the "right choice", i.e. retaining software patents).

Their apparent access to ministers through private channels seems somewhat dubious, as does their (perhaps misguided) sense of their ability to influence government officials. This is disturbing and warrants further exploration.


In summary, recommendations ought to be made that OIN should answer the hard questions, that IBM should make a public statement about its software patents policy (if IBM lobbies for software patents as it does, then it ought to just admit this), and it will also be useful to know the role of Microsoft in the mainframe case. If people like Müller care about software freedom, then they will cease to tease IBM in this area. The criticism is misdirected and exaggerated. IBM does many good things for Free software.

Comments

Recent Techrights' Posts

If Matthias Kirschner Loves Free Software, He'll Change the Name of the Microsoft-Sponsored Organisation He Governs (in Order to Avoid Confusion)
The FSF-EEE does not really like Software Freedom, it just loves money (including Microsoft's)
EPO's Local Occupational Health, Safety and Ergonomics Committee (LOHSEC) in The Hague: Workers Are Getting Sicker, Conditions in Which to Assess Patent Applications Deteriorate
"According to the Office statistics the total number of days of absence has gone up from 12.4 to 13.1 total number of sick days per Full Time Equivalent (FTE) from 2023 to 2024."
The Standard Needs to Improve Its Standards for Fact-Checking, Aaron Swartz Had Nothing to Do With Reddit and He Detested the Company That Created It
The Web is already bad enough as it is
New Paper From the EPO Highlights Large-Scale Discrimination at the Office, Where People Are Rewarded for Granting More and More Illegal Patents
Even the Kremlin is probably more competent than this
The Ultimate and Inevitable Fall of OpenAI (Even Brave is 'Bigger' Now)
"When you advertise at the Super Bowl, you’ve reached just about every consumer in America. It’s the last stop. If you’re not profitable yet, you never will be."
 
Scheduled Maintenance Tomorrow and on Valentines
If the site (or Gemini capsule) is offline for a bit, the maintenance windows are likely the root cause
Soylent News Lessens the Scope of Discussion Due to Persistent Trolling and Online Abuse
if they make it a lot harder for new people to participate, then they limit the "general appeal" and reach
When the Livestream of Richard Stallman is Apparently Bury-Brigaded Offline You Finally Learn to Avoid Google/YouTube for Streaming
Please, people, stop uploading to Google/YouTube
Links 10/02/2025: Ban on D.E.I. Language, Listeria Risk/Outbreak
Links for the day
Links 10/02/2025: Announcing "Stringless" and Mental Health Improvement
Links for the day
Links 10/02/2025: Facebook Mass Layoffs, "Meta" Did What Aaron Swartz Had Done But to the Tune of 81.7 Terabytes
Links for the day
Microsoft Tarnishing the Brand of Arch
Of course Arch can do whatever it wants, but being associated with Microsoft is a badge of shame
Adding Slop to Your Blog Only Makes One Assume All the Text is LLM Slop
Simon Coter from Oracle has turned to slop
Macao is Leaving Microsoft Behind
Windows is falling to new all-time lows
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 09, 2025
IRC logs for Sunday, February 09, 2025
Microsoft's WSL (LSW) Shows That It Can Never Love Linux, Only Windows
that's just how Microsoft rolls
Activism in Times of War and a Coup
'Linux' Foundation works for fascism
What the Silencing of Neatnik Tells Us About Linus Torvalds Inside a Microsoft-Dominated 'Linux' Foundation
Is Linus Torvalds free to express his mind as he wishes about every topic, even just any technical topic?
Windows Down to 11.35% in Senegal, as Measured by statCounter
Another all-time low (Windows was at 99% in 2009)
"Latest Technology News" in BetaNews is LLM Slop Promoting OOXML and Proprietary Software at the Expense of LibreOffice and OpenDocument Format (ODF)
Remember that "open-source" and Open Source aren't the same; the former is fake
Links 09/02/2025: Coffee, Toxic Productivity, and Programming
Links for the day
Debian's Human Rights violations & Swiss women Nazi symbolism
Reprinted with permission from Daniel Pocock
Links 09/02/2025: Software Patents on MP3 and Another Scam Dressed Up as "Crypto"
Links for the day
Links 09/02/2025: Russian Energy Cut Off, LLM Pushers Show Signs of Desperation
Links for the day
Richard Stallman (RMS) Does Not Have Media Companies and Lobbyists on His Side, But His Message Spreads Regardless
The message of RMS is spreading in spite of all the smears
GNU/Linux Rises to All-Time High in Chile
sharp rise for GNU/Linux in Chile
Links 09/02/2025: Hottest January on Record, Panama Blackmailed
Links for the day
Why We Still Love Gemini Protocol
Gemini Protocol may seem like something "old" (it's actually very new) and something "nobody would use", but many people use it
Gemini Links 09/02/2025: "Died as a Mineral" and Game Interface for a Non-Game
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 08, 2025
IRC logs for Saturday, February 08, 2025
Links 08/02/2025: UK Back Doors and Religious Fundamentalists in Positions of Higher Power
Links for the day
Today's IBM (Red Hat) Isn't the Company That Fought a Microsoft-Sponsored SCO in Court
IBM is nowadays in a state of rapid disintegration
When You Simply Rebrand Almost Everything as "Hey Hi" ("AI"), "Hey Hi Workloads", "Hey Hi Datacentres" and Whatnot
The "growth" has been a growing lie for years if not decades
Microsoft Windows Falls to 12% in Myanmar
Remember that Microsoft is virtually 0% in mobile
This is the Man Who's Attacking Linus Torvalds et al in "a Disease" (Social Control Media)
One thing that Richard M. Stallman and Torvalds can agree on is that Social Control Media should be avoided
Gemini Links 08/02/2025: "Thought Leaders" and Returns to Gemini Protocol
Links for the day
Links 08/02/2025: MElon Coup, Mass Layoffs at Facebook, and PlayStation Network Down
Links for the day
Unlike GAFAM, Free Software Serves You, It Does Not Serve Governments and MElons (Overlapping Forces)
Tired of oligarchy controlling your life through gadgets and "apps"?
On Wars Against Founders
We need to insist that founders remain
When It Comes to Social Control Media, Linus Torvalds is Channeling Techrights
GAFAM workers know exactly who to aim at
New EPO Paper: Promoting (Rewarding) People Who Grant Many Illegal European Patents to Make More Money (at Europeans' Expense) While Patent Courts in the EU Are Themselves Illegal
now the coup is sort of complete and even the "courts" are part of the corruption
Slopwatch: Carnival of LLM Slop and FUD Spewed by Bots, Pasted in by MaKenna Hensley and Day
Welcome to the Web in 2025. Articles about "Linux", "Security", and the Web (e.g. "Firefox") are fake.
Links 08/02/2025: News Corp Admits Traffic Declines, Wildlife Trafficking Tackled
Links for the day
Gemini Links 08/02/2025: Lamp and Notions
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 07, 2025
IRC logs for Friday, February 07, 2025