Bonum Certa Men Certa

IBM's Black Helicopters

Helicopter man



Summary: Software patents are not a done deal in New Zealand; Calling out Florian Müller's IBM paranoia

THE disturbing developments in New Zealand (allowing software to be patented) were partly the result of Microsoft lobbying. There were quite a few companies involved in this invasion which overrode the opinions of New Zealanders and this is not over because InternetNZ is challenging the decision.



InternetNZ (Internet New Zealand Inc) has today called for the Government to allow any proposed changes to the Patents Bill to be referred back to the Commerce Select Committee for further scrutiny.

The issue of software patents has recently attracted a great deal of attention and controversy, particularly in respect of the patentability of "embedded software".


New Zealand's locals were countered by a multi-nationals' lobby, as explained in the following news portion about NZICT [1, 2, 3, 4]:

Commerce Minister Simon Power and the Economic Development Ministry have rejected claims from commerce select committee chairwoman Lianne Dalziel they have significantly shifted their position by proposing software which has a "technical purpose" could be patented.

Mr Power announced in April that the Government would back changes to the Patents Bill proposed by the commerce select committee that would mean computer software could no longer be patented. The committee's understanding was that inventions that relied on "embedded software" – software that is built into a physical device – would still be patentable.

[...]

Information technology industry body NZICT has campaigned in favour of software patents, fearing the effect that restricting software patents could have on both its multinational members and locally owned software exporters.


The "embedded software" trick is also being used in Europe. "Computer programs as such (i.e. systems that solve data processing problems) are patentable," shows the president of the FFII by linking to this page in German. This initially happened because of Microsoft's FAT patent (ruling in Germany) and then solidified further by Siemens [1, 2].

Florian Müller uses fairly old news to daemonise IBM. He continues to act as though IBM is the only lobbyist for software patents, which is irrational. At the very least, he only ever concentrates on IBM, which makes some people suspect that he just pushes Microsoft's agenda (whether intentionally or not). "IBM's Bilski brief spits in the face of the free software and open source movements," he named his (almost) latest post and Microsoft is mentioned just once in the whole post, despite its obvious lobbying for software patents. Why does he single out IBM? Why does he never write any posts criticising Microsoft? It's rather baffling and some would say suspicious. We asked him for some answers about the bias and he said: "I will try to address those issues. Not all at once, but rather soon.

"The mainframe monopoly isn't a z/Linux question. I'm not sure you've been told the truth by other sources about the situation in the mainframe market..."

The thing is, Müller was approached or at least got in touch with some of those companies that joined Microsoft's lobby against IBM. What does it say about his dispositions?

In a members-only post from Groklaw, one reader points out:

It's like the trolling Florian Mueller is doing (and failing badly at) on slashdot. In the end, if they're trying to make their case, it's counter-productive, to say the least.


For those who lack context, Müller writes a lot of 'anti-IBM' in Slashdot these days. Never once have we seen him write negatively about Microsoft. Selective? Hypocrite? Misinformed? In any case, this biased of his is an issue we wrote about before.

A reader got in touch with us yesterday, saying that "Florian Mueller's latest meltdown" is sign that something is amiss. "Just to let you know that Florian Mueller had quite a public melt-down this weekend when he tried to troll slashdot," she said.

"Out of the over 200 comments, only 2 posters supported him - and one of those posters was Jay Mayrand, the maintainer of Hercules.

"No sooner were his claims debunked than he began to whine about a "conspiracy" involving groklaw and IBM. He's channeling Darl McBride.

"slashdot's comment system is a bit b0rked when it comes to handling deeply-nested comments, so I've collected some of the better quotes here: Florian Mueller's latest FUD campaign hits a brick wall

"Each quote links back to slashdot, so even if your view settings are messed up, you'll be able to access that portion of the comment thread.

"Everything that's in the link I sent you is very public already - it's all on slashdot, and there's no way for him to take it back or deny it."

“Out of the over 200 comments, only 2 posters supported him [Müller] - and one of those posters was Jay Mayrand, the maintainer of Hercules.”
      --Reader
Müller likes to stick to the story that those who defend IBM (like Groklaw) must be some kind of IBM operatives.

"Better watch it," told us the reader sarcastically, "you're now an IBM operative!

"Or worse, you're from groklaw! (he can't believe that people can actually operate on their own initiative - or that someone with a long history on slashdot (and over 500 fans) can actually act on their own initiative. It *has* to be a plot!

"He's now gotten a few of his friends to help spread the fud, so it's getting interesting.

"Like the claim that when groklaw deletes a user account, their posts automatically get set to "Anonymous". I guess they've never run a content management system before - geeklog handles account deletions that way. IIRC, so does postnuke, and so do many others. It'she only way not to break the threads.

"I've caught him in a few lies ... I intend to catch him in more."

Anyway, the bottom line is that Müller loses a lot of credibility because he aims to ruin a company that supports GNU/Linux, he mass-mails many journalists (we consider those methods to be a violation of netiquette), and he refuses to accept that software freedom is a worthy cause (his explanation about it was complex). We paid attention to him only because we do believe there is room for improvement in the OIN and in IBM's patent policy (especially the lobbying). We have argued this since 2008, long before Müller even resurfaced.

Having received about 50 E-mails from Müller, we urge people to reject Müller's points of view. They should be rejected on the basis that he has been hostile towards several Free software projects and he is blind to the fact that proprietary software companies except IBM are also the culprits. A criticism that's misdirected is only bound to mislead people. The obsession with IBM is similar to the dirty tricks used against ODF when Microsoft decided to pretend that behind everything ODF there was just IBM.

Comments

Recent Techrights' Posts

There Were Several Waves of Microsoft Shanghai Layoffs in 2025, Western Media Continues to Turn a Blind Eye to Chinese Layoffs of an Epic Scale
Sometimes select Taiwanese news sites (published in English) or automated translations are all we have
Brett Wilson LLP Spreads Trumpism to the United Kingdom, Looking to Profit From 'Legal Colonialism' (Overriding Sovereignty)
There's growing recognition of this conundrum worldwide
Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
The Lawsuit by Clients of Brett Wilson LLP Against Brett Wilson LLP is Officially On, It is Progressing, The 'Experts' Pick Outside Law Firms (RPC and Mills & Reeve) to Spare Them From Litigants in Person
So it is probably quite potent
The 'Culture Wars' in Free Software Have Gone Out of Control
Social control media amplifies such utterly infantile discourse
Teaser: To Compensate for the Fact Our Clients Are Terrible Human Beings Who Strangle Women (While on Microsoft's Payroll) and We Get Paid by Mystery Parties We Bombard You and Your Wife With Almost 10 Kilograms of Legal Papers
If you can't win an argument, then drown the other side with papers?
Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
 
Qualcomm and Manchester United Appear to Have Dumped Microsoft (Qualcomm Now Invests More in Linux, Apparently)
It's a relief to no longer see Microsoft logos and brands on a local football club's gear (I'm not a Manchester United fan, but not a foe either)
As Guest of Honour in Rome, Founder of the Free Software Foundation to Speak ("Distinguished Lecture") After Introduction by Leonardo Querzoni
Happy hacking...
All Things Open is Proprietary
The OSI has become a front group of proprietary software openwashers, led and sponsored by proprietary giants
When Microsoft Lays Off Lots of Workers They Say It "Invests in AI" (a Lie), Now It's "Reshuffles" or "Microsoft Tightens"
Microsoft "news" by bots
"I saw Richard Stallman give a talk in the mid 80s, which began my fear and loathing of software patents" and "Richard Stallman was always right."
"By betraying the legacy of our ancestors, we’ve set ourselves on a path toward self-destruction — moral, intellectual, economic, and ultimately biological."
The Demise of Shopping in Person
In a world like this, how valued is the customer?
We Are Safe in a Modern "Tech" Society, Right?
People are safer if they control their own computing
This Past Friday, "Nearly 700 People Came to Listen to RMS!" (Richard Stallman)
"Nearly 700 people came to listen to RMS!"
Slopwatch: UbuntuPIT Churning Out Plagiarism and the Slopfarm LinuxSecurity Turns to Pseudonyms
Our hunch is, UbuntuPIT will sooner or later realise that this toxic approach is just harming UbuntuPIT and tainting the reputation of past articles
Gemini Links 11/10/2025: Nyctography, Gerrymandering, and Lurking
Links for the day
Links 11/10/2025: World Mental Health Day 2025, Another European Legal Defeat for Microsoft 360
Links for the day
MIT Technology Review is Part-Time SPAMfarm of Billionaires and Mega-Corporations
Does MIT operate its own "b2b" SPAMfarm?
Open Source Initiative Executive Director Leaves, Replacement Sought by Monopolists, Not the Community or OSI Members
Serves to show who runs this show...
Links 11/10/2025: China-US Tensions Grow Again, "Hey Hi" More Widely Recognised as Bubble Made of Capital That Doesn't Exist
Links for the day
Peter O'Callaghan QC represented grandparents, Westernport Hotel, at Liquor Royal Commission
Reprinted with permission from Daniel Pocock
Either The Register MS Divests From FOSS Coverage or Liam Proven is on Long Holiday
Publishers perish when their audience loses trust in them
Microsoft Cancelling Another Datacentre is a Sign of Financial Trouble and Lack of Growth
The debt continues to grow
Gemini Links 11/10/2025: An Evening at the Fair and Fast Fourier Friday
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 10, 2025
IRC logs for Friday, October 10, 2025
Geminispace is Very Large
The word continues to spread and the number of participants grows
Another Wave of Microsoft Layoffs, This Time During National Day Holiday
This time it's China again
10 Out of 10: RMS Attracts Massive Audience in Göteborg, Sweden (All Seats Occupied, Some People Standing)
a 55-second clip of his talk
Staying Happy in Times of Crackdowns on Civil Society
Optimism in this sort of "new reality" or "new normal" seems like something for the irrational person
"Nobel" Exploited Posthumously for "AI" Hype, Now They Do the Same With "Quantum"
ere have been many jokes about "Nobel" for peace (often granted to pro-war people) and a fake one for "Economics" (establishment propaganda)
Slopwatch: Plagiarism and "Linux" Articles by Bots
Sites that do this won't survive; many of them rely on slop services (suppliers) that will cease to exist after the bubble bursts
Links 10/10/2025: Putin Admits Russia Downed Azerbaijan Airlines Jet, More New Heat Records
Links for the day
Noteworthy Claim That IBM is Firing a Lot of Lawyers This Week (RAs in the Legal Department)
A lot of what they do is patent 'trolling' or lawyering up against their own staff (e.g. HR disputes)
Links 10/10/2025: US Judge Bars Attacks by ICE On Journalists and Protesters; “We Took The Freedom of Speech Away” Says the President
Links for the day
Slopwatch: Serial Sloppers, Google News Gifting Slopfarms, and Fake News/Plagiarism About "Linux"
Google itself is a slop pusher these days
Qualcomm, the New Owner of Arduino, Blasted for Its Software Patents Tax on 'Smartphones'
A lot of Qualcomm's patents are on software. We wrote about this in prior years.
XBox Layoffs Rumours, Downtime, and Criticism From XBox Co-Founder
"everyone is ditching the xbox."
Links 10/10/2025: Honoring The Legacy Of Robert Murray-Smith, Many Articles on the Hey Hi (AI) Bubble
Links for the day
Gemini Links 09/10/2025: October Gothic and Reading Middle Earth Role Playing; C and Ada
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 09, 2025
IRC logs for Thursday, October 09, 2025
Links 09/10/2025: Farewell to Jane Goodall, California Bans Algorithmic Price-Fixing
Links for the day
Gemini Links 09/10/2025: Lost Wages and a Saga Of Continuing To Use Palm PDAs
Links for the day
Richard Stallman's Talk in Helsinki is Done. Tomorrow Göteborg.
There are scarce details in Finnish about Dr. Stallman's talk
New XBox Leaks Probably Serve to Confirm XBox's Collapse (Many More Layoffs)
It's very much consistent with what many other sites have reported lately
The Slop Song
The train wreck marches on
LLM Slop/Advanced Plagiarism Flooding the Zone With Capital That Does Not Exist
Many publishers out there still participate in this bubble instead of calling it what it is
Links 09/10/2025: Sacked Microsoft Workers Make "Sackbird", IBM Taps CockroachDB for PostgreSQL
Links for the day
"Happy Hacking Day" Richard Stallman Talk This Afternoon (From 14:00 to 16:00) at Haaga-Helia University in Pasila
Richard Stallman in Helsinki, Finland
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 08, 2025
IRC logs for Wednesday, October 08, 2025
Links 09/10/2025: Impact of Microsoft Layoffs, More Data Breaches
Links for the day
Gemini Links 09/10/2025: Autumn Blues and C IRC Bot
Links for the day