EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

04.19.11

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

Posted in Microsoft, OSI, Patents at 4:36 am by Dr. Roy Schestowitz

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.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

A Single Comment

  1. twitter said,

    April 19, 2011 at 8:49 am

    Gravatar

    Florian’s disgraceful defense of Microsoft patent deals is detailed here.

    I tried to post this in Linux Today but the page formatting and advertisements were too obnoxious for Akregator.

What Else is New


  1. Links 19/12/2014: Robolinux 7.7.1 LXDE, Red Hat Thriving

    Links for the day



  2. Another Microsoft Partner Markets Linux FUD Using Logo, Name, and Lies

    Microsoft's partner Alert Logic is trying to label a feature of Linux a security flaw and even makes marketing buzz for it



  3. Redmonk is Spreading Black Duck's Anti-GPL Talking Points After Payments From Black Duck, Microsoft

    CBS' ZDNet spreads the GNU-hostile narrative which comes from Redmonk, funded by Microsoft and Black Duck, citing Black Duck, which also comes from Microsoft and is a partner of Microsoft



  4. 'Good' Software Patents From EA Show Cases Where DRM is a Patent Infringement

    Where two evils collide the public benefits, or how some software patents discourage the use of DRM



  5. Richard Stallman: What Does It Mean for Your Computer to Be Loyal?

    New article from Richard Stallman



  6. Links 18/12/2014: LinuxQuestions.org Polls, Fedora for POWER

    Links for the day



  7. Links 16/12/2014: Google and ODF, Civilization: Beyond Earth Comes to GNU/Linux

    Links for the day



  8. Bill Gates' Pet Troll Intellectual Ventures is Collapsing as Founder Quits

    Intellectual Ventures founder leaves after an exceptionally large round of layoffs, despite [cref 77299 recent subsidies from Sony and Microsoft]



  9. Keeping Software Patents Out of Europe Following the Demise of Software Patents in the US

    Instability in the EPO seemingly prevents further expansion of patent scope, which is the subject of scrutiny of EPO staff



  10. Links 15/12/2014: OSI 2014 Annual Report, GPLv2 Court Test

    Links for the day



  11. Links 14/12/2014: Calligra 2.9 Beta, Krita 2.9 Beta

    Links for the day



  12. Software Patents Are Dying in the US, But Patent Lawyers Refuse to Admit It

    Patent lawyers continue to distort the reality of software patents' demise in the United States



  13. Links 13/12/2014: Android Wear “Lollipop”, European Commission and FOSS

    Links for the day



  14. Time to Take Microsoft Out of British Aviation Before Planes Crash Into Buildings

    London's mighty Heathrow Airport among those affected by a Microsoft-reliant air traffic control system which is not being able to properly recover from an outage, and not for the first time either



  15. News From France and Germany: Battistelli Under Fire, But Not Fired Yet, Just Firing His Opposition

    The régime headed by Benoît Battistelli and his criminal deputy continues to overthrow or pressure out everyone who is not 'loyal' to the régime



  16. Links 12/12/2014: Linux++, KDE Frameworks 5.5.0, Calligra 2.8.7

    Links for the day



  17. The USPTO is Broken: New Evidence Presented

    The scope of patents, as evidenced by some statistical figures and individual patents, shows that the USPTO is broken and must be reformed or dismantled



  18. US Patent Reform (on Trolls Only) More or Less Buried or Ineffective

    An update on efforts to reform the patent system in the United States, including the possibly imminent appointment of Michelle Lee to USPTO leadership role



  19. Software Patents in Canada Not Dead Yet

    Canada's patent status quo increasingly like that of the United States and Canadian giants like BlackBerry now pose a threat to software developers



  20. Dreaming of a Just Christmas: When a Third of EPO Walks Out to Revolt and European Judges Attack the EPO Over Abuses

    Information about the abuses of Battistelli et al. at the EPO are finally receiving wider coverage and increasing the strain on Battistelli's authoritarian reign



  21. Links 11/12/2014: Red Hat Enterprise Linux 7.1 Beta, Firefox 35 Plans

    Links for the day



  22. Ubuntu Core Announcement is Not About Microsoft and Hosting Ubuntu on Azure is Worse Than Stupid

    The power of media spin makes the idea of hosting Free software under the control of an NSA PRISM and back doors partner seem alluring



  23. France Gets Involved in Battistelli's Abuses in the EPO - Part XII (Updated)

    The EPO scandal has officially spilled over to France, where a French Senator got involved and starts asking serious questions



  24. Rolling of Heads Likely Imminent at EPO

    The European patent system is shaking as management breaks the rules, staff is protesting against the management every week, and charges of corruption resurface



  25. Links 11/12/2014: systemd 218, Empire Total War

    Links for the day



  26. Links 10/12/2014: Fedora 21, Ubuntu Core

    Links for the day



  27. Links 9/12/2014: Fedora 21 and Torture Report Are Out

    Links for the day



  28. Exclusive: The Enlarged Board of Appeal Complains About Battistelli's Corrupt Management to the Administrative Council (Updated)

    Text of the complaint from the Enlarged Board of Appeal (EBoA) reaches Techrights, demonstrating just how rampant the abuse in Battistelli's EPO has become



  29. Protests Against EPO Corruption Approach 1,000 in Attendance

    EPO staff at all levels is revolting against the management of the EPO, whose dismissal seems to be only a matter of time



  30. Links 9/12/2014: Greg Kroah-Hartman Interview, Fedora 21 Imminent

    Links for the day


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts