Bonum Certa Men Certa

OSI President: Microsoft Florian is Spouting Nonsense (About CPTN/Microsoft-Novell Patents)

Michael Tiemann

Summary: Michael Tiemann says that Florian Müller "proceeds to spout nonsense" after insulting the Open Source Initiative (OSI) regarding defence of Free/Open Source software

MICROSOFT is lusting for Novell's patents and Microsoft Florian keeps licking his lips over the possibility that Microsoft et al. will get some so-called "FOSS patents" to threaten Linux with. It's rather transparent based on what he writes, especially the reckless gloat (and insults) in his Twitter stream. He's not alone though.



IDG's Jon Brodkin, known to us for the Microsoft whitewashing efforts (we recently gave examples [1, 2, 3] and he too speaks to Florian), says that "U.S. Antitrust will review Microsoft/Novell patent sale for 30 more days". Florian is meanwhile spreading disinformation; they try to rush the judgment or push this bit of disinformation while Florian deceives people (there is an inaccurate CPTN report in ZDNet UK, maybe as a result of this) when in fact even his online friend Maureen O'Gara realises that there is no clearance. Brodkin, a Microsoft blogger, is spinning it as defence for Microsoft ("Shield... From Lawsuits") [1, 2]; it is arguably this headline which makes him a fan of the deal, just like Florian. The patent deal is atrocious (FSF and OSI agree and even work jointly against it, in an unprecedented fashion), whereas Microsoft boosters are predicting or heralding its success before it's even cleared. Are they trying to influence the decision by generating fallacious claims? Truthfully, we wrote about this before. Since the pro-Microsoft crowd is so eager to see those patents falling into Microsoft's arms, we know for sure that the FSF and OSI are correct and to quote a response from "barney", aimed at Brodkin's spin (headline is "Novell Patent Sale to Shield Microsoft, Apple, EMC and Oracle From Lawsuits"):

Shield? don't you mean sword



I really don't see Microsoft, Apple, nor Oracle being passive with regards to using those patents and they way I see it, they will be used to cut down open source technology( aka Linux ) based products.


There is only one resoponse and one that does not take into account the companies' prior attitude towards competition and how they use patents. They are aggressors. Meanwhile, the propaganda machine of Microsoft Florian kicks into gear again and the head of the OSI responds:

Florian Mueller accuses that the OSI is spouting nonsense, and then proceeds to spout nonsense. I'm calling him on it. The FCO has clearly stated the conditions under which a deal can and must be blocked, which is when when the CPTN transaction would "create or strengthen a dominant position of one or several CPTN-investors on the markets on which they are active." Florian thinks that is an impossibly high bar, because according to him, there's really no way regulators can be expected to do their jobs. I reject such a cynical conclusion. And I am heartened that the regulators in both the US and EU are reading carefully both the legal requirements and the facts and evidence of the transaction. We have already seen a huge change to the structure of the CPTN transaction, indicating that there were clearly some very serious issues with the first structuring. In the world of open source, a rejected patch is never automatically accepted merely because some random changes were made and the patch resubmitted. The patch must address the substantive issues, and must do so in a way that is accepted by the community. It is accepted when the *maintainer* says its good enough, not when the submitter claims it's good enough. The revised proposed CPTN transaction did address one of the many concerns raised by the OSI, but it leaves most of the concerns unaddressed. The FCO requested our input--as members of the community--and we have given our answer. We should let the FCO do their job, and not second-guess their authority, their ability, or their integrity.


As the next commenter pointed out:

I wish this summary, like most on Linux Today, had identified the author of the article. This is an important piece of information that I use when deciding whether or not to click through and read an article.


And the next one after that:



Thanks for that informative post, Michael. When is saw the link was to FOSS Patents, I decided to avoid clicking.



Barnie asks: "Florian - do you feed any of the Microsoft patent deals are justified?"

Over the last few years we have seen Microsoft make deals (it would seem by threat of legal action) extract patent deals from the likes of HTC, TomTom and many others. Do you believe any of these deals are justified and do you believe the current system is working?


Florian appears a couple of times in this thread, only to insist on the same spin and distortion of facts (his main tactic, also against messengers he does not agree with, e.g. Groklaw and Techrights). Rainer Weikusat closes this conversation with:



> 1) If it were up to me, patents of that kind would > not be granted in the first place. . But it isn't 'up to you', meaning, any statement on this from your side is entirely hypothetical: No 'reality check' of its truthfulness will ever occur and in the context of the actual question, it is also completely irrelevant. . > I don't believe that it's reasonable to grant > 20-year monopolies on software-related ideas. This > view is independent from whether we're talking about > a Microsoft FAT, Apple multitouch, Oracle virtual > machine, Amazon one-click or Google Doodle patent > (yes, they patented that one and the patent was > granted recently, and in my view it's the most > abusrd one in this list). . It is at least about some original invention, as opposed tasking someone with 'design and implement a way to add "long filenames" to a DOS-directory in a way which will not disturb software written to use 8.3 names' (something any decent programmer should be easily capable of) and then patenting the result of this work in order to hamper independent, interoperable implementations. . > 2) Given that such patents do exist nonetheless, > it's the normal course of business that right > holders want to use them. If they grant licenses on > reasonable terms, that's infinitely better than any > strategic exclusionary use of patents . The interesting question, however, is what precisely constitutes 'a reasonable term'. For instance, legally, Linux is prohibited from being fully interoperable with systems creating filesystems using the 'long name addition method' patented by Microsoft, except insofar proprietary kernel modules of legally dubious status are used. And in my opinion, this is 'strategic, exclusionary use of patents': While a license to use this 'invention' may be available to 'companies' it is only granted subject to the condition that said companies to not participiate in large-scale collaborative development efforts Microsoft considers to be potentially detrimental to its ongoing business success. This also conveniently ignores the fact that a lot of 'development' is not done by 'companies' producing software because of its 'sale value' (and thus, capable of paying royalties).


The legitimacy of Microsoft Florian in FOSS circles which he pretends to champion is at an all-time low. Anything which could be attributed to him in the past is being superseded by unacceptable deception and hostility towards software freedom, including crass behaviour and language. Florian the author is not Florian the lobbyist and he admits that he never wrote FOSS.

Comments

Recent Techrights' Posts

Have a "Lifetime" Without Microsoft
The online rage over this is still ongoing
Social Control Media Does Not Improve Reach, It Wastes a Lot of Time
many people still think that no presence in Social Control Media necessarily means invisibility
Links 02/06/2026: New York Times Debunks "Hey Hi (AI) Layoffs" (Excuse, False Narrative), Sheinbaum Publicly Bemoans US Meddling
Links for the day
What Efforts to Cancel Richard Stallman Ought to Teach Us About the Media, Including Very Large British Publishers
Richard Stallman is like a modern-age Alfred Dreyfus
 
Romania Used to be Windows Stronghold, But That's No Longer the Case
Windows was once upon a time so ubiquitous that institutions didn't bother supporting anything except it
KDE Has Long Used Dragons, and Dragons Come From Hatched Eggs
That Microsoft Lunduke tries to paint this as some "trans agenda" thing says a lot about Microsoft Lunduke and his COVID-19-damaged brain
IBM Announces 5 Billion Dollars "Invested" in "AI", in "Security", and 10 Billion Dollars for "Quantum", But IBM Does Not Have This Kind of Money (It's Fake News to Manipulate the Share Price)
IBM has fast-growing debt and liabilities, it does not intend to invest this kind of money, it's a smokescreen and false promises timed to alleviate the sagging share price (52-week low)
When Science and Religion Are on the Same Side, United Against Slop Pushers
The "Mathematics Pope" (sometimes known as "Pope Pi") brought together science and religion, united against technofascists who are mostly college drop-outs who abhor women
Links 03/06/2026: "In Turkey, Criticizing a Corporation Can Land You in Jail" and "Court Bans X Account of Turkey's Oldest Newspaper"
Links for the day
Web Censorship Benefits the Corrupt and the Criminal
More so when corrupt politicians are in charge
Internet Archive’s Wayback Machine Undoing Censorship of Corporate Wrongdoing
That won't go away anymore
"For Entertainment Purposes Only" But Everyone Must Adopt It for Work and Governance, Say Anti-Scientific Technocrats
"The present mentality around "AI" is like driving to the gym to use a treadmill - it's walking for people who hate fresh air and beautiful changing scenery."
Gemini Links 03/06/2026: Ian Murdock's Ex-wife Footprint in Debian and Alhena 5.6.1 Released
Links for the day
Irish Company statCounter Recognises It Overestimated Microsoft Windows' Market Share in Ireland
it seems like the Irish people are gradually moving away from Windows
Corporate Media Participates in the Lie That Mass Layoffs at GitLab and Loss of Geographic Footprint in More Than a Third of Countries is "AI" and Thus "Success Story"
There's no way to spin this as positive news
Slop Prompting is Not a Coding Skill and Slop Deserves Shunning
Red Hat is hypocritically shunning the very same thing it keeps promoting
IBM colleagues "handed out a PIP and then right after the end date they are gone"
Some go into early 'retirement' to save face
SLAPP Censorship - Part 96 Out of 200: When You Receive Death Threats From Anonymous Sockpuppets/Burner Accounts Connected to People Who Strangle Women and Tell Women to Kill Themselves
Women are not objects and my wife ought not be mentioned in "threats to kill" (how cops have described this)
European Patent Office (EPO) Series: A Tale of Two Antónios - Introducing the Other António
António Costa
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 02, 2026
IRC logs for Tuesday, June 02, 2026
Advertisements as Articles in The Register MS
Trust in media
Despite Mass Layoffs and Culls Dubbed "Buyouts" Google's Debt Doubled in a Year and It's Desperate for Money (to Pay Salaries and Bills)
Google and GAFAM in general have mass layoffs because they have no clear route towards profitability
Gemini Links 02/06/2026: Arch Linux WriterDeck and Papyrix Reader
Links for the day
Bloggers Still Have Considerable Impact on This Planet
Nowadays, in academia almost anywhere in the world, there's growing expectation that lecturers will spend not much of the time doing research or even teaching
The Firing Line Against Techrights
Tomorrow we'll tell a story about campaigns to intimidate us with death threats
The Cyber Show on the Fight Against Technofascism
It's very long (all combined), but nevertheless refreshing
After Threats to Greenland Northern Europe Seems to be Moving Away From Microsoft Windows Even Faster
The facts on the ground are, more people/businesses/institutions "get the message"
Claim of 500+ IBM Red Hat Layoffs With Termination Next Month
IBM is doing great... at hiding internal affairs
Slop Did Not Rewire Democracy, It's a Giant Flop
we already see slop giants accepting they'll never make money
The Register MS Embeds in Articles "SPONSORED LINKS" That Link to "AI" Ponzi Scheme/Scam
The circular financing giants are allocating budget for the spam, as do the banks (lenders)
Many Countries Divest From Microsoft
new numbers at statCounter today
European Patent Office (EPO) Series: A Tale of Two Antónios - On the Campaign Trail in Brussels
Part 1
SEO is an Acronym That Stands for Slop Engine Orientation
The Web changed a lot when Web directories, portals, and then social control media gained popularity
IRC Network OFTC is Shedding Off Servers
Down to 17
Julian Assange's Counsel Jennifer Robinson Has Just Won an Award
Jennifer Robinson is relatively young
Schweizerische Bundesbahnen (Swiss Federal Railways) and Richard Stallman
It seems like RMS is receiving endorsement or at least belated recognition from very high-profile institutions
Almost 30 Years After Rob Malda Made Slashdot It Still Inspires New Implementations
Maybe the issue isn't Slash per se, just the complexity of it (which SoylentNews complained about in the past)
Links 02/06/2026: "The Infosec Phrasebook", 'Perfect Randomness' and "Leaving the Tech World Professionally"
Links for the day
Faking Demand for Slop: Google's Search Prompt Becomes Slop Prompt (Bait, Switch, Fake Usage)
If there is no consent, then it's unsustainable
When You Give People (or Companies) Money to Buy Your Own Products and Then Call It "Revenue"
A lot of modern "economics" don't benefit ordinary people (all they get is high inflation rates); they're devaluing money by faking economic activity
IBM is Self-Detonating, the Cheeto-Infused Rally is Another Con by Don
pump and dump
"Quantum" as the "Next Big" Bubble
disappointing and delivering nothing
Links 02/06/2026: "$1.5 Trillion Defense Budget Benefits Billionaire Cheeto Mussolini Supporters", US "Plans to Criminalize Sleeping Outside"
Links for the day
Gemini Links 02/06/2026: Organising Oneself and Killing Off Distracting "Notifications"
Links for the day
SLAPP Censorship - Part 95 Out of 200: The Growing Risk of Tolerating Men Who Abuse and Physically Assault Women
FOSS should not be a "safe harbour" or "hideout" for criminals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 01, 2026
IRC logs for Monday, June 01, 2026
Rust is a Disaster for Both GNU and Linux, But 'Linux' Foundation (GKH) Keeps Promoting It Despite the Problems
And non-GPL licences
IBM's CEO and his "pump and dump scheme" ("Arvind's lies about quantum")
Don't be misled by Wall Street
Gemini Links 01/06/2026: Xylophone Essay, Ham Radio, and Slop Contaminating USENET/Newsgroups
Links for the day
How to Tackle Corruption Effectively and Gradually
In my personal, humble experience
European Patent Office (EPO) Series: A Tale of Two Antónios
"Campaign for the Re-Appointment of the President"
Links 01/06/2026: Patent Applicant Disclosures Drop After the January 2025 IDS Surcharge, "China Exports Surveillance"
Links for the day
Links 01/06/2026: Irreversible GAFAM Bans and "The Pirate Bay Remains Resilient"
Links for the day
Running and Writing Sites for People, Not Bots (Including Search Engines)
Had those sites spent more time focusing on RSS feeds (not social control media "games") and less on SEO (trying to game search engines), they wouldn't be sobbing now
SBB, the Swiss Railroads, Want to Hear Richard Stallman
Can Dr. Stallman persuade key decision makers to adopt not only "Linux" but also Software Freedom (not the same thing), as he did in South American before? Or like he did in Kerala?
Resumes and Vanity Pages
Wikipedia is fast becoming a glorified marketing company
Trusting Microsoft is Foolish
Mr. Rossmann says they "gaslight customers" in their Web site, but it goes a lot further than this
Techrights in a Nutshell, in Very Generic Terms
"for dummies"
SLAPP Censorship - Part 94 Out of 200: SLAPP by Garrett's Litigation Buddy Started 20 Months Ago, He Has Not Even Put in His Defence Yet!
This is what happens when one deals with incels and misogynists who promote slop and Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 31, 2026
IRC logs for Sunday, May 31, 2026
Gemini Links 01/06/2026: Buckingham Palace Garden Party, TUI Annoyances, Lateral Thinking with Withered Technology
Links for the day