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

Newer is Not Better, Lunar Edition
Maybe in 57 years (2083, after all these wars) we'll managed to launch a capsule with a human and a dog above the stratosphere again
 
Microsoft: Move Over, XBox, Slop is the New "Entertainment" and We Demote Our "Entertainment" CEO
Marketers, marketers, marketers, as a CEO called Ballmer put it
linuxbuz.com is a Slopfarm, It Depends on LLMs
In the more distant past it could be said that linuxbuz.com was an OK site
Links 07/04/2026: Patent Trolls Leigh M. Rothschild, Bolstered by GNOME and OIN, Continues to Attack; ‘Retaliatory Antitrust Suit’ by MElon
Links for the day
Gemini Links 07/04/2026: Copyleft Revisited, Killing Linux Processes With FZF
Links for the day
It Would be Good for Debian to Have a Female DPL, But...
Debian isn't exactly selecting people for quality or policing bad behaviour
IBM Insiders Say What's Wrong With IBM in Albany (and Yes, There Are Layoffs)
promotions boil down to what insiders now call "brown-nosing" and nepotism
After Killing OpenSource.org IBM Together With OSI Told Us It Would Carry on OpenSource.net, But the Site Has Been Essentially Dead for 9 Months (Effectively Abandoned)
OpenSource.org has been dormant for 4 weeks already and OpenSource.net last had a new page 9 months ago (it'll be 9 months tomorrow) [...] That's IBM in a nutshell
A Lot of What Happened to OSI is Because of Reporting by Techrights
Half a year since Stefano Maffuli (Executive Director) "left"
Public Presentations by RMS Hardly Interrupted Anymore
We'll carry on covering those sorts of topics throughout the year
Links 07/04/2026: US Wants to Put Journalists in Prison for Reporting Facts, Artist ‘Bale’ Arrested Over Rape Allegation in Social Control Media
Links for the day
To IBMers, IBM Has Failed and is Fast Becoming a Book of Jokes and One-Word Punchlines
How else can one make it obvious that IBM is circling down the drain?
"AI Revolution" Was a Lie: Microsoft CEO Admits What He Calls "AI" is Sometimes Sloppy and Microsoft Admits That Slop is for "Entertainment Purposes Only" (Not for Any Serious Work)
if it gets "memory-holed", we can bring it up again and again
Social Control Media is Not a Viable Business Model
The future of the Web might not be the Web
From Datacentres Boom to Actual Booms That Target Datacentres, Now Struggling to Justify Humongous Energy and Water Consumption
Datacentres that are used for mindless "entertainment" (as Microsoft calls it) like slop are not a priority at this time
Gemini Links 07/04/2026: Aircraft Lift Force, Editor History, and Consumer Hardware Stagnation
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 06, 2026
IRC logs for Monday, April 06, 2026
What Matters is Software Freedom, Not the Brands
The important thing is to speak about Software Freedom
Wikileaks is About to Turn 20
~2 days ago it turned 19.5
The Cloud of Smoke
Will 2026 be the year that "The Cloud" openly confesses the risks it brings about?
SLAPP Censorship - Part 36 Out of 200: Claim KB-2024-003529 in a Nutshell (Microsoft Employee Does Terrible Things, Then Sues the Reporter in Another Continent)
It commences with more of an overview
Gemini Links 06/04/2026: Solar Panel Story and Centralisation
Links for the day
"Free Speech, Free Press": What the World Needs to Improve
Darkness breeds corruption
IBM prioritises a "lot of smoke and hype and use of trending buzzwords"
IBM can pretend all it wants things are fine
GAFAM Paying the Price for Pursuing US Military Money (Taxpayers' Money as 'Stimulus' With Strings Attached)
The "cloud" in cloud computing is a cloud of smoke
Observing Slop's Demise
If energy becomes more scarce, then one rare/side perk (or upside) will be slop companies screaming for lifeboats
Links 06/04/2026: Crackers Breached the European Commission, Why "Old Way of Campaigning Won’t Cut It Anymore"
Links for the day
Enron Versus NVIDIA (the Cost of Circular Financing, or Funding Your Own Customers to Buy Your Products) - “The Inventory Paradox” or “The Vibe Revenue Admission”
Round-tripping (finance)
You Know "The Economy" is Fake When 6 Months After Oracle Says Debt-Saddled 'Open' 'AI' (Slop) Will Pay It $300,000,000,000 Oracle Says It Must Lay Off 30,000 Workers at 6AM
Oracle is in deep debt, which increased at a pace of almost 4 billion dollars per month lately
Free Software Will Outlive GAFAM
GAFAM is overhyped
Techrights Was Further Decentralised Three Years Ago
In 2020 we began working on IPFS stuff
The Military Attacks on Dubai Internet City as Reminder That GAFAM Isn't Safe (Disregard the "Nobody Gets Fired for Buying GAFAM" Mindset)
These are all realistic and foreseeable scenarios that GAFAM sceptics have long warned about
The Wars Aren't Ending, Now We See GAFAM Facilities Being Bombed
This is becoming a tech issue
Links 06/04/2026: Turning 34, Throwing Things Away, and Printing in GNU/Linux
Links for the day
Links 06/04/2026: Ex-Microsoft Engineer Explains Why Azure Fails, Germany Prepares for War
Links for the day
EPO "Cocaine Communication Manager" - Part XI - EPO Strike Enters Its Second Week, EPO Sheds Off Qualified Staff to Make Way for Nepotists
More than six months ago the "Cocaine Communication Manager" got arrested for cocaine use
Another Microsoft Outlook Downtime
Microsoft has sloppy code, it's not something suitable for mission-critical things
Week 2 of April IBM Layoffs Accelerate Based on Rumours
"Heard about Layoff at IBM"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 05, 2026
IRC logs for Sunday, April 05, 2026
Culture of Harassment Inside Microsoft, Says Former Director at Microsoft
listen to Microsoft insiders
Drone Strikes on Amazon (GAFAM) Datacentres Highlight Azure's Miniscule Share
Azure is failing
SLAPP Censorship - Part 35 Out of 200: How to Make ~10,000 Pound Sterling (13,220.50 United States Dollars) by Copy-Pasting and Editing 10 Pages
Today it's Easter Sunday, so we'll keep this part relatively short
Gemini Links 05/04/2026: Artemis II Mission Tracker, Meditation on Copyright, Alhena 5.5.5, "Gemini as the Final Frontier of Human Cognition"
Links for the day
Microsoft Windows Falls to All-Time Low of ~60% in Switzerland, GNU/Linux Among Top Gainers
What will it take for mainstream media (not just geeks' site) to cover it?
Mainstream Media on "Practical Survivalism"
Suffice to say, panic buying begets more panic and price surges
Cloud Computing as a Cloud of Smoke (Your Hosting Provider is a "Legitimate" Military Target)
When a French datacentre went up in flames people joked that the "cloud" meant a cloud of smoke
Andreas Tille Congratulates Sruthi Chandran Before the Election for Debian Project Leader (DPL) is Even Over
Andreas Tille, the current Debian Project Leader (DPL) who has been in this role for nearly 24 months
When You Try to Change the World for the Better and Somehow They Find a Way to Say You Are the Villain
Don't be a fool. Don't fall for inversions of narratives.
Slop Was a Flop and Energy Crisis Will be Slop's Final Blow
Today we see no slopfarms in Google News
Links 05/04/2026: "Taiwanese Airlines to Hike Fuel Surcharges 157%" and Openly Racist Voter Suppression Starts in the US
Links for the day
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026