11.25.13
Posted in IBM, Microsoft, Patents at 4:39 am by Dr. Roy Schestowitz
Summary: Useful analysis from Simon Phipps, who has turned more vocal in his opposition to software patents and those who promote them
Simon Phipps is a terrific leader. He is not self-censoring and over the years he has thrown some punches at companies which are hostile towards FOSS. He also built (or rebuilt) a relationship with the FSF, which helps reduce if not eliminate wasteful efforts such infighting and competitive advocacy; the OSI and FSF are now jointly submitting formal complaints against patent trolls. Phipps also spoke out repeatedly against patent trolls and patent aggressors — something which many in the FOSS groups don’t bother with. Here in Techrights, due to lack of time and resources, we have not focused so much on patents recently; so, here is something to make up for it.
Newegg is currently in the headlines because it gets sued a lot by trolls and it fights back. 30 infringement claims were made against Newegg in the past 8 years alone, based on Newegg’s claims. To quote: “Newegg was founded “in the ashes of the Internet trough” in 2001, said Cheng. The first 10 employees worked in a warehouse about 20 miles outside Los Angeles. Newegg still owns the facility, called Warehouse 1, though the company’s headquarters now resides in another warehouse in City of Industry.”"
Newegg is not a massive giant like IBM, Apple, or Microsoft. It does not hoard patents and it is really suffering from patents, which are originally the game invented and played by the rich and the powerful. Also from Phipps (OSI President) there is this coverage of OIN, which was created by massive multi-nationals, including IBM. Phipps explains: “While many open source advocates remain rightly concerned about the chilling effect of software patents on both innovation and collaboration, open source software has additional defenses against patent aggression that aren’t available to proprietary software. The Open Invention Network (OIN), a novel patent pool fighting for rather than against open source, plays an important role in these defenses.”
But OIN is still not fighting to eliminate software patents. It’s more of an interest group. As Phipps put it, “make sure the software you use is under one of these modern licenses; older licenses like BSD and MIT don’t mention patents. Second, comply with the terms of the license — easy enough for almost all open source licenses, especially compared with the labyrinthine complexity of commercial licenses and EULAs. As long as you comply with the terms of the license, you benefit from the protection it offers. Third, work in the open rather than making last-minute contributions. This is good practice anyway, but it adds protection too.”
So in other words, OSI may be benign to Free/Open Source software players; for everyone else it’s not of much use. Newegg gets nothing out of it.
In another new post from Phipps it is claims that Microsoft and IBM are just “big trolls” — something he has said even back when he worked for Sun. “Rogue software patent trolls are the scourge of the tech industry. But the larger, better-dressed trolls don’t get a pass either.” Phipps writes.
To quote Phipps further: “The dirty secret IBM, Microsoft, and other self-proclaimed advocates of patent reform don’t want you to know is that they are trolls, too. They have large and highly profitable business units using exactly the same tactics as the patent trolls they hate. The reason they hate the trolls is not because of what they do — after all, IBM and Microsoft were the pioneers of treating patent portfolios as profit centers rather than cost centers. No, the reason they hate the trolls is because the trolls attack them with the weapons they themselves perfected.”
We already explained how IBM and Microsoft helped abolish patent reform attempts. This ought to make people who think of IBM as a friend of FOSS reassess their position; it is definitely not the first time IBM does this. IBM’s and Microsoft’s friends at SUSE have this new release (funded in part by Microsoft and IBM), but we should remember to regard it as nothing but an attempt to tax GNU/Linux with patents. We hardly cover anything SUSE-related anymore (we ignore rather than fight), but the fact remains that people should boycott SUSE. It’s about patents. █
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11.21.13
Posted in IBM, Microsoft, Patents at 1:15 pm by Dr. Roy Schestowitz
Summary: Microsoft is AstroTurfing and IBM has learned no lessons from mistakes like going along with Microsoft
THE OTHER day we showed that a longtime Microsoft AstroTurfing group, ACT, had morphed again and lobbied for software patents under the pretence that it represented small businesses and developers (to whom software patents are really horrific).
Well, two of the biggest software patentors, IBM and Microsoft, are still at it. As TechDirt put it, “Microsoft’s Intense Lobbying Works: Goodlatte To Drop Plan To Allow For Faster Review Of Bad Software Patents” (software patents).
To quote: “Last week, we wrote about Microsoft’s intense, and somewhat dishonest, lobbying to try to remove one aspect of proposed patent reform: the covered business methods program, which would have allowed approved technology patents to get reviewed by the Patent Office much more quickly. It was based on Senator Chuck Schumer’s plan, which enabled the same feature for patents related to financial services. Many have seen that Schumer’s effort was somewhat successful in stopping bad financial services patents, and so it makes sense to do the same thing for software as well. In fact, it makes more sense, since so many patent lawsuits and patent troll shakedowns involve software-related patents.”
AstroTurfing gets called PR now: “Oh, and to the PR guy from Microsoft who sent me a laughable email trying to argue that Microsoft is supportive of patent reform and that my post was unfair because I didn’t mention that: next time stay on topic. Yes, Microsoft supports some forms of patent reform. Just the kind that stops trolls from hitting it directly. What it doesn’t support is the kind of patent reform that would stop Microsoft’s all too common practice of shaking down all sorts of innovators and entrepreneurs with crazy patent licensing demands from its bundle of patents. No, Microsoft isn’t a patent troll, but it is a patent bully with a lot of bad patents, which apparently it’s scared that real innovators might invalidate a lot of those patents under a covered business method review.”
Here is more on what happened [via] and a reminder that they are “pretending that the problem is “bad” patents rather than software patents in and of themselves,” as iophk put it.
“On Wednesday,” says the article, “the House Judiciary Committee is scheduled to consider legislation aimed at reining in abusive patent litigation. But one of the bill’s most important provisions, designed to make it easier to nix low-quality software patents, will be left on the cutting room floor. That provision was the victim of an aggressive lobbying campaign by patent-rich software companies such as IBM and Microsoft.”
It’s just like what happened in NZ. Those two proprietary software giants and software patents hoarders just can’t help harming society. They do this quietly or by proxy to reduce public backlash. █
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10.24.13
Posted in FUD, GNU/Linux, IBM, Microsoft, Office Suites, OpenOffice at 9:55 am by Dr. Roy Schestowitz
Summary: The latest FUD from Forrester and who’s behind it; more on IBM’s Power PR and why it should not be taken at face value
AS we showed in previous years, the marketing company (masquerading as “analyst”) called Forrester is Microsoft’s go-to entity for Free software bashing and GNU/Linux FUD. Microsoft literally pays Forrester to produce reports that belittle GNU/Linux. It’s just a real damn shame that Forrester gets caught doing this and Microsoft’s red-handed actions have them red-faced in the international press.
As one who spent many years working with statistics (common tool in computer vision) I am quite familiar with ways of cheating and Forrester [via [1]] seems to be cheating again [2], in pretty much the same way that IDC cheapted for Microsoft several years ago. If one looks carefully enough at who Forrester has surveyed, it is “a survey of 155 Forrester clients with responsibility for those investments.” Who are those clients and what are their relative roles? It doesn’t say. Forrester is gleefully generalising based on this biased sample (geographically, economically, etc.); classic tactic. ‘Disclosure’ without even names.
ZDNet, the vile tabloid which gave Forrester a blog (conflict of interest), already covers this paid-for propaganda as though it is factual and also “news” [3], claiming (in the headline even) that “Microsoft Office fends off open source OpenOffice and LibreOffice” (no attribution to Forrester even).
“Forrester is gleefully generalising based on this biased sample (geographically, economically, etc.); classic tactic.”Really? Says who? Says Forrester. So is Forrester registering billions of users’ computers and then doing a census? Of course not, see the methodologies. It’s bogus, but Forrester tries to pass it off as “professional”. Well, professional FUD it sure is because it is penetrating the press and is proving effective (FUD well worth the money). Microsoft-friendly press puts that forth as some kind of universal fact, not even scrutinising the methods, the messengers, the funder, the polled population, etc. That’s not real journalism, it’s simply PR relayed via Forrester.
Taking into account what Rob Weir (of IBM) says this week [4], “[t]he OpenOffice brand is strong and growing. Over 30% of consumers surveyed had heard of it. Of those who had heard of it, 67% had given it a try.” He also says that “[o]f those who tried OpenOffice almost 78% continued to use OpenOffice.”
Sounds pretty decent, but the IBM-dominated Apache OpenOffice is not to be trusted either. IBM in general is not worth trusting, definitely not with it comes to “trusted computing”. Regarding IBM Power investments, which have had a Linux-themed PR campaign, some say that it’s partly about the NSA: [via Gary Edwards]
The Other Reason Why IBM Throws A Billion At Linux (With NSA- Designed Backdoor)
[...]
Then another boon for IBM. Experts at the German Federal Office for Security in Information Technology (BIS) determined that Windows 8 is dangerous for data security. It allows Microsoft to control the computer remotely through a “special surveillance chip,” the wonderfully named Trusted Platform Module (TPM), and a backdoor in the software – with keys likely accessible to the NSA and possibly other third parties, such as the Chinese. Risks: “Loss of control over the operating system and the hardware” [read…. LEAKED: German Government Warns Key Entities Not To Use Windows 8 – Links The NSA.
Governments and companies overseas paid rapt attention. They’re big customers of our American tech heroes – and they’re having second thoughts, and some are cancelling orders. Tech companies are feeling the heat. A debacle IBM apparently decided not to let go to waste.
This is a story worth exploring in isolation.
What are the true numbers behind OpenOffice and LibreOffice adoption? It’s hard to tell without a census. Free software is being spread vertically and unless it’s improperly designed it also discourages spying that’s needed to count the number of active installations. If Forrester claims to know how OpenOffice and LibreOffice are doing, then it is lying; but on whose behalf? My wife uses OpenOffice at this very moment while I’m typing this. She uses a Live CD, so how can the likes of Forrester count it? They can’t. They can only pretend to be able to. █
Related/contextual items from the news:
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Nine out of 10 firms simply give staff the installed version of Office, with only six percent offering some or all employees a non-Microsoft alternative, according to a Forrester survey.
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The OpenOffice brand is strong and growing. Over 30% of consumers surveyed had heard of it. Of those who had heard of it, 67% had given it a try. That number is changed little. This is an opportunity for Apache OpenOffice marketing volunteers to improve both of these numbers. Of those who tried OpenOffice almost 78% continued to use OpenOffice. This is a modest increase, but there is certainly room to improve here. Put it altogether, and the estimated user share, the percentage of US internet users who use OpenOffice “sometimes” or “regularly” is 16.1%, nearly a 50% improvement year-over-year.
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10.18.13
Posted in GNU/Linux, Hardware, IBM at 3:17 pm by Dr. Roy Schestowitz
Via Siemens
Summary: Recalling the real goal of IBM’s Linux-themed marketing and the side effects of this strategy
IBM only embraced the “Linux” brand in order to help sell its own hardware (so expensive that IBM does not publicly advertise the price — one has to call or request a quote online). It is merely an investment [1], an attempt to shift to Power Systems [2] all sorts of GNU/Linux or UNIX customers (many still move away from UNIX, e.g. [3]). When it comes to distributions [4], IBM’s Power limits those choices somewhat. IBM is increasing hardware choices in some sense, but this happens to concurrently reduce some distribution choices. Then again, some are not fans of the meme that “Linux is about choice” [5], so to them, IBM’s selfish agenda is irrelevant here. █
Related/contextual items from the news:
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At the most recent LinxuCon, IBM announced it will invest $1B in Linux and related open source technologies over the next five years.
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In case you haven’t noticed, IBM thinks that getting customers to put their Linux workloads onto Power Systems is going to reverse the sales decline for the platform. That decline has more to do with all flavors of Unix falling out of favor compared to Windows and Linux in the data centers of the world with the exception of very large workloads, usually databases, and the relatively high prices that Unix system vendors charge for their iron.
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When Senwes, one of the largest grain handling companies in the southern hemisphere, decided to upgrade its main data centre and disaster recovery site, it was looking for flexibility.
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There are hundreds of flavors of Linux, each with their own focus and opinion on how the soup of open source tools should be assembled and maintained into a workable operating system. Choosing one for your desktop can be fun, as you get to try different distributions out without a whole lot of investment. However, when choosing a flavor for the datacenter or cloud hosted environment, you may find yourself stuck with your decision for a long time.
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In a famous posting to fedora-devel-list back in 2008, adam Jackson wrote: “If I could only have one thing this year, it would be to eliminate [the meme that ‘linux is about choice’] from the collective consciousness.”
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09.24.13
Posted in GNU/Linux, IBM, Red Hat at 10:43 am by Dr. Roy Schestowitz
Summary: Why the platform which Richard Stallman created should be evaluated in terms of its adherence to core values, not market value
IBM received a lot of attention a week ago, owing to a promise it had made before. This is significant because Microsoft is bound to suffer the most [1]. Investment is what they call it [2,3] and it’s hardly news [4]. “Innovation” is another word that gets thrown around [5], but not the F word. Yes, Freedom. To IBM, this word is scary; either it means “cheap” or that ‘radical’ thing Richard Stallman talks about. To companies like IBM, it’s still all about money. GNU/Linux pundit SJVN alludes to Red Hat as such [6] now that there are some financial results which, despite early optimism [7,8,9] and beating of expectations [10], Wall Street is not even so excited about [11-14]. But the problem is this: rather than focus on the genesis of GNU/Linux, which was about freedom and users’ control, here we are talking about billions of dollars — sometimes made by selling proprietary software from IBM, installed on very proprietary hardware. If this is progress for GNU/Linux, it’s merely fiscal progress. Our rights online are still perpetually eroding (e.g. the Internet has become a military-grade surveillance platform), perhaps because companies which bear our flag put profit before principles. █
Related/contextual items from the news:
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Not long ago, Microsoft ruled the computing empire with near-monopolies in PC operating systems, web browsers and productivity applications. The company’s reign, however, was dominated by discord. Competitors complained about Microsoft’s predatory business practices. Users bemoaned the company’s software as a necessary evil.
Fast forward to 2013. Once revered and feared, Microsoft is a shell of its former self. Far from the software and technology leader it used to be, the company now makes repeated missteps in emerging markets such as cloud computing, mobile, search and social.
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IBM is investing $1 billion in new Linux and open source technologies for IBM’s Power Systems servers.
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The computer giant on Tuesday plans to pledge that it will spend $1 billion over four or five years on Linux and related open-source technologies for use on its Power line of server systems, which is based on the internally developed chip technology of the same name.
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As many of you know, IBM has a long standing commitment to open source innovation and Linux in particular. We have been part of the Linux Foundation and all its exciting events from day one. Of course, IBM will be part of LinuxCon 2013 – again as a Platinum sponsor. A large team of IBMers is heading to New Orleans next week, where we look forward to connecting with both creators and consumers of the open technology that we come together to celebrate. We have a variety of interesting sessions and fun activities planned for you. Here are some of the highlights:
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Red Hat’s second quarter was another roaring success no matter by any standard.
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Wall Street is optimistic about Red Hat , which is slated to report its second quarter results on Monday, September 23, 2013. Analysts project a profit of 22 cents a share, a rise from 20 cents per share a year ago.
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Red Hat has a popular following among both customers and investors, as it has in many ways helped to disrupt the dominant business model in the industry. Early in its history, many were skeptical that the company could actually profit from open-source software, citing the many companies that locked customers into their proprietary platforms in the hopes of compelling repeat business. Yet years later, Red Hat continues to thrive as demand for flexible solutions is greater than ever. Let’s take an early look at what’s been happening with Red Hat over the past quarter and what we’re likely to see in its report.
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Shares of Linux software company Red Hat fell as much as 9 percent in after-hours trading Monday even though the company reported quarterly revenue and net income that exceeded Wall Street’s expectations.
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09.20.13
Posted in IBM at 7:34 am by Dr. Roy Schestowitz
Big Blue marketing binge
Summary: IBM’s boosting of patents (and infamous policy — plus aggressive lobbying — for software patents) conflicts with its pledge to GNU/Linux
IN a Linux-centric event this month a lot of companies try to portray themselves as the BFF of Linux. Links [1-3] below are the IBM flavour of marketing, throwing bogus numbers around for marketing purposes (like the “R&D” type marketing). They know why they’re doing this. They’re trying to appeal to geeks.
To put things in perspective, IBM has a complex relationship with GNU/Linux because it is also a bit of a Microsoft partner (on the patents and software side). The Open Invention Network, as this new article about “bad software patents” shows, continues to blur the gap between real patent reform (abolishing software patents) and corporate reform which gets painted as “pro-Linux”. Jon Brodkin is saying in the summary of his article that OIN, which gets called “Linux defenders” and is prominently backed by IBM (its founder is from IBM), will:
…attack bad software patents before they’re approved
How about just attacking all software patents, banning their approval? No, IBM would not want that. Along with Microsoft IBM has been lobbying around the world for software patents. So be careful not to confuse IBM with a Linux BFF. IBM is a confusing, giant squid and its commitment to GNU/Linux is only possible when we compartmentalise this company. As a side note, and as pointed out on numerous occasions in July and August, IBM is back to its notorious practices which resemble how it was helping the Nazis “barcode” people for detention and extermination; IBM has been fighting very hard (publicly even) for a giant CIA contract. Yes, that’s the CIA whose heads tell us they want to grab copies of all data and hang on to it forever (joined to the NSA by the hip). There are many other reasons to be cautious and sceptical of IBM; some of these reasons were covered here before. █
Related/contextual items from the news:
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Rising open source tide carries all boats, IBM hopes
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Linux is a thoroughbred in the world of computing and as sure a thing as you can get. With a community of tens of thousands of developers from more than 200 companies supporting the Linux operating system, it is constantly being updated with changes that are shared across a wide variety of industries and with users in diverse environments.
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06.18.13
Posted in FUD, IBM, Microsoft, SCO at 12:37 pm by Dr. Roy Schestowitz
“[Microsoft's] Mr. Emerson and I discussed a variety of investment structures wherein Microsoft would ‘backstop,’ or guarantee in some way, BayStar’s investment…. Microsoft assured me that it would in some way guarantee BayStar’s investment in SCO.”
–Larry Goldfarb, BayStar, key investor in SCO
Summary: The SCO v. IBM case is reopened, despite a glaring lack of funds, resuming the FUD against Linux
Microsoft is now openly — not just covertly [1, 2] — supporting Apple’s fight against Android. “Microsoft disagrees that Judge Posner created a “categorical rule” or “blanket prohibition” on injunctive relief for infringement of SEPs,” says this post. “It calls the question of a RAND-encumbered patent owner’s entitlement to injunction relief “an interesting question — but not a question presented on appeal here.” Microsoft argues that RAND commitments must be considered as part of the eBay analysis, which it says Judge Posner precisely did here” (Posner is against software patents [1, 2, 3, 4, 5]).
Here we have Microsoft interfering with a competitor using a proxy or a litigation ally. It is typical Microsoft behaviour which goes back to the SCO case and prior to it, too. According to this [via], SCO’s case is still going on:
The Hon. David Nuffer has ruled on the SCO v. IBM motions, granting SCO’s motion for reconsideration and reopening the case, which IBM did not object to. Judge Nuffer apologizes to the parties for the error in his previous order refusing to reopen the case. Sounds like a mensch to me. I love it when judges don’t pretend something is the lawyers’ fault when it’s really the judge’s fault. He’s newly assigned to this case, and it’s been going on for over a decade, so he specifically tells the parties not to assume his familiarity, asking them to provide him with enough detail in the various briefs going forward to work with. And he has essentially accepted the IBM suggestions on how to go forward, which SCO did not want to happen. I was fairly confident he would, though, precisely because he’s new and he surely needs some time and help from the parties to get up to speed.
The pro-FOSS news site says: “After both parties have submitted their motions, the court will decide whether the case will be closed without further hearings with a summary judgement or if it will be re-opened in earnest.”
A Microsoft partner says “IBM’s lawsuit with SCO over just who owns Unix has crawled out of the grave and seems set to shuffle back into US courts.
“For the uninitiated, or those who’ve successfully tried to forget this turgid saga, a brief summary: SCO in 2003 sued IBM for doing something nasty to bits of Unix it owned. Or felt it owned. SCO also sued Novell, which it felt did not own some copyrights for Unix.
“Many private school educations later for the offspring of the lawyers involved SCO lost against Novell. By this time SCO was out of cash with which to keep up the fight against Big Blue, so the matter hibernated for a while.”
“Decade-old lawsuit exhumed in response to SCO motion for reconsideration,” writes Lee Hutchinson. Richard Adhikari writes the following summary in ECT:
The news that lawyers for The SCO Group have filed a new motion to reopen its case against IBM was greeted with incredulity, to put it mildly. Turns out that the bankrupt SCO really isn’t attempting to retry the case — there are some loose ends from the long and drawn-out proceedings that still need to be tied up. The motion did provide an excuse for traveling once more down memory lane, though.
What we have here is Microsoft-funded litigation. This one involved copyrights and Microsoft is currently trying patents, also using proxies to enhance impact (e.g. patent-stacking).
Thankfully there are some actions to curb patents in the US right now, even if some are misguided and badly-aimed [1, 2, 3]. Recently we got this ruling [1, 2] that “May Be A Boon For Biotech Startups” (no more patents on nature's basic genetics) and the text in Groklaw opens with:
I join the judgment of the Court, and all of its opinion except Part I–A and some portions of the rest of the opinion going into fine details of molecular biology. I am unable to affirm those details on my own knowledge or even my own belief. It suffices for me to affirm, having studied the opinions below and the expert briefs presented here, that the portion of DNA isolated from its natural state sought to be patented is identical to that portion of the DNA in its natural state; and that complementary DNA (cDNA) is a synthetic creation not normally present in nature.
Watch the patents boosters react. Pamela Jones replies to this booster by saying: “He’s arguing CLS Bank was wrongly decided. Still. The law is quite specific that you can’t patent function in such a broad way it closes off all competition such that no one else can make a device that “scrolls intuitively”. But with software patents, that’s exactly what has been happening, and that isn’t even talking about the fact that software is mathematics and should not be patentable subject matter in the first place. But if it is going to be, the issue isn’t hardware or software; it’s specificity. If you want a patent, then, and it’s 100% software, be specific so you patent only the precise way you did what you did; that leaves room for others to do it a different way. And that is what President Obama said he’d like to retrain the USPTO examiners so they recognize the difference.”
In order to defend Linux we must watch out for patents on software and those who promote them. Microsoft is trying to sustain a SCO-like smear and scare, showing that the copyright plot against Linux is not completely dead yet (Microsoft has since then moved on to patents). █
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05.27.13
Posted in IBM, Microsoft at 3:42 am by Dr. Roy Schestowitz
Stasi’s best friend
Summary: How Xbox One can help the NSA spy not only on Americans but everyone who drinks Kool-Aid like Skype or Xbox
In social media, as well as in daily links in Techrights, I research and write a lot about the NSA, which I consider to be not much better than the Stasi (although the NSA is shrouded in more secrecy, impeded only by whistleblowers like Drake and Binney who challenge plausible deniability). Being German, this strikes a nerve in me.
As part of a point we made in 2011, Skype definitely can be used and is already being used for surveillance (it’s a fact confirmed by Microsoft). One American blogger wrote some days ago that “we must… assume this could happen to them too. In other words, when you’re using Skype, figure you’re on a party line. Better yet, figure everything you do is being routed through the U.S. Department of Homeland Security.”
“Privacy laws in the US and the EU are very different. Microsoft can spin its spying as merely obeying the law.”Skype is spyware since an American company bought it. Privacy laws in the US and the EU are very different. Microsoft can spin its spying as merely obeying the law. As for Xbox spying, there are Microsoft patents on it, as covered before. Watching the people in the living room without their knowledge or consent is possible. Don’t expect Microsoft with its horrible privacy policies to surprise us for the better.
XBox is a spy on your living room, with a camera too, and “Xbox One is designed to be “always on”; even when you turn it off,” says this new article about Xbox One. It also says: “The other major privacy concern here is hacking. If someone manages to figure out how to get through Microsoft’s security, they could theoretically have a live, 3D video feed of every Xbox One owner at all times. Then again, we already live with and manage this kind of concern for our laptops, our tablets, and our smartphones. Why should our game consoles be any different, right?”
Given that Microsoft spies on Skype, it is not unrealistic or far-fetched to suggest Kinect too is or will be used for spying, especially when a warrant it received (the NSA allegedly stores data at the chokepoints, overriding the need for warrants or any paper trail). Microsoft has been doing with secret services what IBM did in World War II in exchange for money and power, helping to track dissidents (or ethnic groups) on the kill list.
Before accusing yours truly of stretching the analogy, be sure to read through the NDAA (especially internment camps legitimisation) and learn about drone strikes, which can legally target Americans and have already killed at least 4 Americans. These were recently named by US Attorney General, who shrugs off the killing of at least three innocent ones because they were Arabs. █
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