Bonum Certa Men Certa

On Hypocrisy, Müller's Mass Mailing to Journalists, and Lobbying

Summary: The question of abolishment versus embrace of dysfunctional systems which impede freedom and civil liberties

Florian Müller (probably a lobbyist whom we definitely distrust but must track nonetheless*) is still spreading his controversial stuff en masse (by E-mail) to journalists who sometimes propagate his disregard for Microsoft opponents without realising that he's just tweaking/personalising the same messages and sending them to tons of people who write for large readerships (just like ACT does). As the commenter says there, "You're quoting Florian Mueller calling others hypocritical?



"Pot, meet Kettle."

The one sense in which he's right about hypocrisy from IBM et al. is probably lobbying. Here is a new press release from lobbyists who work on behalf of these companies to promote GNU/Linux and "Open Source" in government. This got some more press coverage following the press release.

Open Source for America (OSFA) an organization of technology industry leaders, non-government associations and academic and research institutions that aims at boosting the use of open source software in the U.S. Federal government, has announced that as the organization is going to celebrate its first anniversary, it has already achieved a number of feats within the first year of its establishment.


We have already argued [1, 2] in favour of abolishing the practice of lobbying (in the pure sense where it's an occupation) rather than fighting lobbying with more lobbying. Likewise, it is hoped that IBM et al. will change their mind regarding software patents. It is better to just abolish software patents than to try and make them exist alongside "Linux" (where Linux mostly means the kernel).

If you spot journalists echoing Müller's talking points, let them know (e.g. in the comments) that they are being taken for fools because he sends the exact same stuff to lots of other journalists, most of whom are not responsive. He is essentially lobbying and he is not lobbying for software freedom, to say the very least. ____ * Just minutes ago he mailed me again with a special disclaimer what he is mass mailing journalists today (he probably does not send them the same disclosure when he pushes them to publish such Microsoft party line). To give readers the idea of what he regularly sends, here it is:

EU launches investigation against IBM over mainframe practices



(this goes to multiple recipients but I didn't want to use an undisclosed list because of potential problems with spam filters; nor do I use a mailer tool ;-)

I have some background for you on the European Commission's launch of an antitrust investigation against IBM.

If you'd like to link to my comments, I published them on my blog:

http://fosspatents.blogspot.com/2010/07/european-commission-launches-antitrust.html

Please find my comments and background information below (for your convenience).

Different agencies report that the European Commission today announced the launch of two formal investigations into IBM's practices in the mainframe business, following complaints lodged by T3 Technologies last year and French open source startup TurboHercules in March:

http://www.businessweek.com/news/2010-07-26/eu-investigates-ibm-for-suspected-abuse-of-dominant-position.html

http://online.wsj.com/article/BT-CO-20100726-705141.html

By coincidence, this announcement was made just a few days after IBM launched its new generation of mainframe computers, an event that shows mainframes are still big business and far from obsolescence. There are estimates that the mainframe business (including software) generates about half of IBM's corporate-wide profits. The mainframe software market has an estimated size of $25 billion, about twice the size of the software market for Linux.

The Commission appears concerned about the tying of IBM's mainframe hardware products to its dominant mainframe operating system, z/OS. This is reminiscent of the Commission's previous objection to the tying of the Media Player to the Microsoft Windows operating system and the "browser case" that was settled last year and resulted in a browser choice dialog box for Windows.

In early April, I published a threat letter with which IBM tried to intimidate French open source startup TurboHercules SAS, whose founder started the Hercules open source mainframe emulator in 1999, with 106 patents and 67 patent applications. If you're interested in the correspondence between TurboHercules and IBM -- two letters from each company --, please look up

http://fosspatents.blogspot.com/2010/04/turbohercules-entire-correspondence.html

There is a possibility of the Commission also formally investigating the complaint brought forward by NEON Enterprise Software, on which I reported here:

http://fosspatents.blogspot.com/2010/06/neon-to-lodge-antitrust-complaint.html

The other complaints were filed earlier, and there's always some back-and-forth correspondence between a complainant and a defendant after a complaint. That process must still be going on with respect to NEON's very recent complaint, but I wouldn't be surprised if in a few months the Commission also picked up that case. Then there would be three parallel EU cases related to IBM's mainframe practices in light of the suspected abuse of IBM's dominant market position (a de facto monopoly, actually).

Moreover, the US Department of Justice announced in October that it investigated IBM's mainframe practices. Since then, there hasn't been any further announcement by the DoJ. It will be interesting to see if the DoJ makes a further announcement in the weeks or months ahead.

The open source aspect of the TurboHercules complaint and IBM's use of patents are the reasons for which I recently learned a lot about the situation in the mainframe market. I'm convinced that customers are locked in and milked shamelessly by IBM, and I hope that the outcome of the process will result in more customer choice, including the possibility to use the Hercules open source emulator to run legacy mainframe applications on affordable Intel-based servers.

For some time, IBM has been lobbying the EU as a self-proclaimed advocate of open source and open standards. I can't see how this antitrust probe will enhance IBM's credibility in that context:

http://fosspatents.blogspot.com/2010/07/openforum-europe-hypocrites-lobby-eu.html

Florian

[phone number omitted]

Comments

Recent Techrights' Posts

unixcop.com is the Latest "Linux" Site to Have Become a Slopfarm After 2 Years of Death (Inactivity)
Not a way to stage a comeback
While GAFAM/Microsoft Disguise Financial Crisis as "Investment in AI" the Slop Giants Make Up a Narrative of Wilful Slowdown
A BS artist is good at the art of BS when the artist's failures or weaknesses get twisted as moral or professional leadership
 
"AI Slowdown" is Code Word for Bubble Imploding (Trying to Make This Slowdown Seem Wilful, an Act of Safety and Responsibility)
They help one another by inflating the bubble and making false excuses when expansion stalls
SLAPP Censorship - Part 185 Out of 200: What Reputation?
Helping monopolies and working for monopolies never made anybody popular
Gemini Links 16/09/2026: Slovenia, Catastrophe Ethics, and ROOPHLOCH 2026
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 15, 2026
IRC logs for Tuesday, September 15, 2026
Microsoft Layoffs in September 2026 Are Silent, Hidden
Expect the same next month ahead of the fake results
Links 15/09/2026: 'Smartphone', Android TV Box, Stockholm Syndrome of [Slop Plagiarism] Acceptance
Links for the day
Carmen-Lisandrette Maris Prepares Audiobook to Explain Software Freedom/Digital Rights to Adolescents, Needs Help From Volunteers
needs help with narrating
Links 15/09/2026: Putin-Connected Money for The Insurrectionist Jr. and Turkey's Crackdown on Activists
Links for the day
publicdomainpictures.net Seems to Have Become Fed Up With Slop Contaminating Its Database (Wasting Storage, Bandwidth), Now It's Suitably Flagged, Should Be Demoted/Delisted
The site was redone, suffered some hours of downtime, then 'relaunched' with a new interface this week
Gemini Links 15/09/2026: Hiking in Munții Făgăraș, Scams, and Slop Plagiarism Considered Unethical
Links for the day
Linux Kernel Becoming a Slopfest - Part 1 - At the Beginning (Torvalds Knew It Was Trouble)
We still wonder if we should make and actively maintain a shame list (developer/employer) for the people who contaminate Linux the most with slop plagiarism
EPO Staff is Preparing to Take Up a Notch the Strikes and Other Industrial Actions Ahead of October's Meeting (It Can Help Oust the Corrupt Leadership)
mobilising perhaps thousands of workers at a critical time in the history of the Office
Allegedly Many PIP Layoffs in Nepal, IBM Does This Before a Known Death Toll in Avalanche (Caused by China-, Europe-, and US-Induced Global Warming)
Fresh wounds, before the bodies are even recovered (thousands still missing)
"Wail" by Alexandre Oliva
This work is licensed under the Creative Commons License BY-SA (Attribution ShareAlike) 4.0 International
This Morning The Register MS Published a Page With "AI" 83 Times in it. The Register MS Got Paid to Do This.
The Register MS is not a serious publisher and a lot of the stuff about "AI" on the Web isn't journalism but paid-for SPAM
SLAPP Censorship - Part 184 Out of 200: A Tiny Law Firm That Knows Nothing But Microsoft (But Merely Pretends to Understand "IT")
They've managed to trick some mainstream media into thinking they're "Tech" experts or "Social [Control] Media" gurus; nothing could be further from the truth
Links 15/09/2026: Sweden’s Far Right Perishing and "Iceland Just Got Played"
Links for the day
It's Not About How Developers Vote
This isn't about politics, it's about users being in control of their own computers and computing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 14, 2026
IRC logs for Monday, September 14, 2026
Gemini Links 15/09/2026: Poetry, Enshittification of Ebay, and Mecha System
Links for the day
LG Lies to Cover Up Lies About Its Spying TVs (It Records and Transmits Conversations in Rooms)
This is what a lot of "modern" technology is like
Oracle's Debt Continues to Soar (Increase of 60 Billion Dollars in 15 Months, Not Counting the Secret Debt, With Off-balance-sheet Debt Having "Grown Roughly Thirtyfold in Four Years")
Oracle debt continues to grow
It Has Cost $215,000 in Legal Costs to Sue IBM for Wrongful Termination
IBM typically settles out of court and demands secrecy (to avoid anyone else benefiting from the very expensive outcome)
Apple's iOS and macOS Measured as Bigger Than Windows in the US, Linux-Based OSes at Almost 30%
Expect the silent layoffs at Microsoft to continue at a rapid pace
Oracle, Like Microsoft, Drowns in Debt and Discards Tens of Thousands of Staff (Microsoft Does the Same More Discreetly)
The main difference between Microsoft and Oracle is that the latter is honest about what's going on
Gemini Links 14/09/2026: First Android Phone, Leaving Sony, and Rant About Gemini-to-HTTP Proxy Providers
Links for the day
Links 14/09/2026: "Scam Altman Now Trying to Gain Control of Electric Grid" and Sweden Moving to the Right
Links for the day
Vista 11 Flunked
Microsoft cannot start a "Vista 12" campaign as it would only make matters worse
Microsoft Urgently Needs Distraction: There's No "Next XBox", But There's a New Boot Screen (Like 'Dark Mode', a Feature That Can be Implemented in Mere Minutes/Hours)
Anything to distract from XBox fiasco
The PIPs or 'Voluntary Termination Offers' Help IBM Fake Its Situation
"IBM is not a tech company"
IBM Flying Away to Sweatshops (So Will Red Hat)
Even on Sunday people post about 'leaving' IBM
RFID Ambitions Already Established by Widespread Skinnerbox Adoption
A society that cannot maintain privacy for those who deserve it will not manage to assure dignity of citizens
SLAPP Censorship - Part 183 Out of 200: What Actually Happened Two Months Ago (Based on People Who Attended)
It's dangerous to assert what happened in a hearing you did not attend (there was no video stream or recording, either)
Phil Harvey, an Editor-in-Chief in a B2B Site, Explains Why ChannelFutures (Connected to TechTarget) and Other Sites That Used to Cover Linux Deleted Many Articles
Every old article in channelfutures is gone!
Software Freedom Day 2026 is 5 Days From Now, Fresh Reminder to Boycott Proprietary Software
Let this be a timely reminder of why people should avoid proprietary software
Links 14/09/2026: Slop Hardly Used for Actual Work (Chatbots Are for Lonely People), Slop Bots (Scrapers, Plagiarism) "Are Thirsty for Power"
Links for the day
Gemini Links 14/09/2026: Trip, Hiding, and OCR
Links for the day
IBM PIPs Are Layoffs (RAs Come Later Even If You Satisfy the "Performance" and "Plan")
Notice how "the media" almost never mentions silent layoffs, as if just because they're silent, there's nothing to investigate, nothing to see there
Slop Companies Engage in Plagiarising the Web, Now They Pay People to Contaminate the Web With Their Lies
Remember that the lawfare against us is funded by slop salaries!
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 13, 2026
IRC logs for Sunday, September 13, 2026