Bonum Certa Men Certa

Florian Müller Seemingly Connected to CCIA (Microsoft Proxy)

Florian Mueller



Summary: More evidence that the attacks against IBM are actually coming from Microsoft and that Müller plays a role in it (Müller set up his anti-IBM blog when he got connected with CCIA's Executive VP, who works with Microsoft)

WE keep promising to depart from this overreported subject, but as the plot thickens this becomes harder to avoid. Previous posts about TurboHercules vs IBM are:



  1. Microsoft Proxy Attack on GNU/Linux Continues With TurboHercules
  2. Eye on Security: Windows Malware, Emergency Patches, and BeyondTrust's CEO from Microsoft
  3. IBM Uses Software Patents Aggressively
  4. IBM's Day of Shame
  5. IBM Will Never be the Same After Taking Software Patents Out of Its Holster
  6. Thumbs up to Ubuntu for Removing a Part of Microsoft; TurboHercules Likely a Psystar-Type Microsoft Shell
  7. Why IBM Does Deserve Scrutiny (Updated)
  8. Patents Roundup: Fordham Conference for Software Patents in Europe, NZOSS Responds to Pro-Software Patents Lobbyists, and TurboHercules' Ties With Microsoft Explained


For those who are not aware, Florian Müller became a lobbyist, but whose lobbyist? More recently he became known for his attempts to derail the Munich migration to GNU/Linux. Florian Schießl, one of the people leading the Munich migration, currently writes: "Wow, Florian Müller's Blog started just a few days ago. Only a PR campaign, nothing to do with #swpat in real, imho http://is.gd/bm4BA #fail" (and to Rui Seabra he says that "the whole #IBM patent story is just another PR stunt by the "famous" lobbyist Florian Müller.").

Müller is still at it on more than a daily basis. It's like a nonstop attack on IBM in a brand new blog (it's the same in Maureen O'Gara's 'blog' [1, 2] at the moment). To clarify again, Techrights believes that evidence is sufficient to call TurboHercules a "Microsoft proxy" (see this article from Timothy Prickett Morgan), but IBM's overall attitude towards software patents has always been a problem in general. According to this, "IBM Denies Open Source Sellout" (which is true). This is not about IBM "selling out" but about IBM defending itself from Microsoft attacks; nonetheless, IBM does not help Open Source by promoting software patents. As the president of the FFII showed this morning using an IBM document [PDF], "IBM believes harmonisation should occur along lines which endorse the current practice and case law of the EPO." For the uninitiated, "harmonisation" is a way of bringing software patents to Europe.

All or at least several of the letters exchanged between IBM and TurboHercules are available from TurboHercules (which may have had something to do with the sensationalised, self-serving leak to Müller). Some of the details there reveal IBM's pride which it takes in software patents and even its contribution to the guidelines developed by the European Patent Office (EPO).

“As for Microsoft, in a perfect world, someone will in due time bring an complaint against Microsoft for arranging antitrust complaints against its competition.”
      --Pamela Jones, Groklaw
Here is Groklaw's initial take on the TurboHercules vs IBM case (written in "News Picks" before publishing a whole post): "Here's my take. First, on the author's use of arguments about Apple and monopoly markets, the courts already ruled that Apple doesn't have a monopoly in the relevant market, so that analogy isn't legally on point. Beyond that, remember when Microsoft said their competitors would be having antitrust issues? Remember when Maureen O'Gara was one of the very first to write about the TurboHercules antitrust threat to IBM, almost a year ago? And now Florian Mueller, who disrupted the Munich switch to Linux and later famously tried to use MySQL's license as a way to block the Oracle-Sun deal, including them suggesting that the GPL license be tossed overboard in favor of a BSD-like license, now appears in the TurboHercules story, attacking IBM. What might that tell us? The Microsoft gang's all here? That this is a manufactured anti-trust issue? That if you are a competitor of Microsoft, someone will file an antitrust complaint against you? You think? Here's TurboHercules's take on why they filed, so you can have the whole picture. I can't speak for the entire open source community, just for myself. But if Florian Mueller tells me to go to the right, I'm inclined immediately to look to the left or straight up or down for alternative options. As for Microsoft, in a perfect world, someone will in due time bring an complaint against Microsoft for arranging antitrust complaints against its competition. They should put more energy into creating good products. Then they wouldn't have to resort to such tactics."

A lot more discussion is going on in IRC (logs available online), but here is the gist of it.

“Müller added a LinkedIn connection to Erika Mann, CCIA's Executive Vice President and head of CCIA's European office...”One thing that came up some time between March 22nd and March 29th is that Müller added a LinkedIn connection to Erika Mann, CCIA's Executive Vice President and head of CCIA's European office (Microsoft and CCIA work together [1, 2]). That was just before he started to attack IBM like he also attacked Oracle some months ago (along with the GPL). He even created a new blog for this purpose.

We are a little saddened to see that Steven J. Vaughan-Nichols (SJVN) points the finger at what he calls "Linux fans"* (hello, hypocrisy) and blames them for IBM's PR damage.

That's not to say that Linux doesn't have its share of internal battles that don't do anyone any good. Free software founder Richard M. Stallman's insistence that Linux should be called GNU/Linux puzzles more people than it does bringing anyone to Linux, or GNU/Linux if you insist. In the last few days though, another Linux family fight has erupted.

This time around, it's open-source developer and anti-patent political lobbyist Florien Mueller accusing IBM of breaking its promises to the FOSS (free and open-source software) community of not using patents against it. Mueller's is ticked off that TurboHercules, an open-source z/OS emulator company, over its possible misuse of IBM patents, which includes two that's covered by IBM's pledge to not sue open-source companies or groups using these patents.

I have several problems with this. First, as Pamela Jones of Groklaw points out, TurboHercules started the legal fight with IBM and the open-source software license it uses isn't compatible with the GPL--the license that covers Linux. Second, this is really just a standard-issue business fight that involves patents. It does not, as Mueller would have it, show that "After years of pretending to be a friend of Free and Open Source Software (FOSS), IBM now shows its true colors. IBM breaks the number one taboo of the FOSS community and shamelessly uses its patents against a well-respected FOSS project, the Hercules mainframe emulator."


There is an old problem here. SJVN must understand that patents are probably the #1 barrier to GNU/Linux adoption, so software patents must go. Here is an excellent article/commentary from Dj Walker-Morgan at The H:

Patents could lead to the mutually assured destruction of the software industry and the parading of pledged patents in the opening of a dispute between IBM and TurboHercules threatens to upset the only progress towards a safer world for open source.

Patents are akin to the missiles of the Cold War. The super powers of the software industry have built up large arsenals of them to give them bargaining power. But if all companies who held patents were to pursue all infringements of their patents at the same time, there would be nothing left of the entire IT industry except the legal departments.

[...]

That said, it is somewhat essential to isolate the overarching problems with patents from the specific problem of the pledged patents. The former is a systemic problem which requires complex negotiation, legal reforms and an industry wide consensus that the problem exists in the first place. The latter though is a specific problem, one that IBM can immediately resolve by saying "Sorry, those two patents were not meant to be there". That one move would reassure the community. IBM could, possibly, enhance their good reputation in the community by creating a new 2010 patent pledge which puts more of IBM's near 50,000 strong arsenal of patents "beyond use" against open source software.


The only real solution is to invalidate them all or issue a legal contract that renders them useless. This is not realistic (too Utopian) given that IBM uses its patents to milk competitors and make over $1 billion per year doing almost nothing. IBM is now obliged to do this for shareholders. This is unfortunate because they use patents as a welfare system that mostly funds lawyers and cannot be afforded by most companies in the same arena**. These companies do complain sometimes, so ideally, IBM should let go and not carry on controlling using patents, however quietly.

Here is what Microsoft is up to these days: [via]

In a recent patent filed at the USPTO, Microsoft has sought to bolster its product offerings with an interesting recommendation engine. Inspired by the recommendation algorithm incorporated on websites like YouTube, Microsoft TV’s recommendation engine will recommend TV shows, movies based on user interests as well as the program’s functional value.


This is just a fence. Who would benefit from such a patent except Microsoft? And doesn't that involve profiling (euphemism for "spying on") a user's activity?

Stephen O'Grady has the following take on the subject of IBM:

The case also illustrates what RedMonk analyst Stephen O'Grady calls "the inevitable outcome of software patents: They get used."

O'Grady is against software patents, "not for ideological reasons, but because it is self-evident to me that there is no reasonable mechanism for evaluating and granting patents," he told LinuxInsider.


We wrote about O’Grady's views on software patents in this older post. He is right on target. _____ * "Linux", which is the kernel IBM put a lot of money in, is not the whole of Free software.

** IBM could reform the system if it wanted to (IBM's Kappos runs the USPTO), but that would not be beneficial to IBM's shareholders. The "indemnification" advantage IBM markets to customers is also a way for IBM to suppress use of GNU/Linux that's not from IBM (e.g. plain Debian).

Comments

Recent Techrights' Posts

Start of September 2026 'Voluntary' Mass Layoffs at IBM, Start of October Red Hat Employees Forced Into the 'Bloodbath' (After Collapse of IBM's Shares)
Red Hat is in trouble
A Data Centres Hub Puts Everyone at Risk, Especially People Who Live Near Them at Times of War/s
Spoiler: Datacentres are military targets, they attract missiles, some with nuclear warheads
GAFAM Mass Layoffs and Mountains (Trillions of Dollars in 'Secret' or 'Off-the-Ledger') Debt
GAFAM is having layoffs this month
analytics.usa.gov Says 7% of Sessions Come From GNU/Linux and ChromeOS. If ~40% (Mobile) Get Omitted, It's More Like 11%.
In desktops and in laptops GNU/Linux has become a big player
IBM Cannot Survive for Much Longer, There Are Limits to RAs and Offshoring, IBM Now Asks Workers to Quit
IBM is in very serious trouble
Debian losses in Switzerland hidden until after DPL election debate
Reprinted with permission from Daniel Pocock
How to Dehumanise a Triple National
Don't be easily incited against those who sacrifice a lot to inform the public of suppressed topics
 
IBM Mass Layoffs Began Yesterday, They're Sold as "Voluntary", the "Offer" Runs for Two Weeks (Last Day August 19th 2026)
IBM will self-detonate while using contractual agreements to force people to smile
Many GNU/Linux PCs Are Not Connected to the Net or Don't Use the Web
Saying GNU/Linux user-agents are just "bots" (Microsoft Lunduke and other Microsofters say this) is like asserting that the Twin Towers fell not because of two giant planes but because of explosives
They Call Occupations "Professions" Because the "Pro" Means Something
If you want to find tech news online
New Conference Paper (Science of Cyber Security) Credits RMS With Delaying Passwords
When it comes to passwords, RMS was "right"
Removing Gender Barriers in Computer Science
It is not that "women aren't good at maths"
In Brunei, GNU/Linux Approaches International Average of 8.5%
a sharp rise from 0% to about 7.5% happened in a few years
15% of IBM Staff Marked for Layoffs ("RAs"), the Workers' Objective is to Find Another Employer and Leave
"That's not a workforce, that's a waiting room."
Maintenance to be Completed Tonight (IPv6)
Notice how, after 25+ years, we're still not fully adopting IPv6, we're only about 50% there
August 2026 Microsoft Layoffs Confirmed by Staff This Week
It's hard to assess how many are impacted but signed an NDA, preventing them from speaking about what really happened
SLAPP Censorship - Part 141 Out of 200: Brett Wilson LLP Failed to Learn From the Mistakes of the European Patent Office (EPO)
my solicitor, David Allen Green, put them in their place
Texts of the Claims From Balabhadra (Alex) Graveley and Matthew J. Garrett Almost Identical, I am Suing for Abuse of Process
Half a decade ago Balabhadra (Alex) Graveley from Microsoft and GNOME was arrested for strangulation in Texas
Gemini Links 06/08/2026: "Eat That Frog", Mutt Terminal Email Guide, and BASICODE
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 05, 2026
IRC logs for Wednesday, August 05, 2026
Big Announcement Tomorrow
Stay tuned...
GNU/Linux Seen Exceeding 10% in Antigua and Barbuda
In Antigua And Barbuda, what's seen this month is not far from the average
Gemini Links 05/08/2026: Family Room, Smoke, and Alarm clocks
Links for the day
The Establishment, Oxford, Google & Debian artificial intelligence conspiracies
Reprinted with permission from Daniel Pocock
SLAPP Censorship - Part 140 Out of 200: You Become What You Eat, Your Clients Become You
In 2024 Brett Wilson LLP failed to heed a decade-old warning
Links 05/08/2026: Microsoft's (XBox's) "Devastating July" and "Never Write With" Slop, Says New York Times
Links for the day
Gemini Links 05/08/2026: No to Slop, Dangers of Clown Computing, and Reducing Internet Usage
Links for the day
The Register MS Takes Money From NVIDIA and HP to Promote Their Ponzi Scheme, "AI", in a Fake 'Article' That Says "AI" 42 Times
"The media"... selling us scams for profit
Fertility app privacy, Britain's teenage pregnancies & faith based schooling
Reprinted with permission from Daniel Pocock
In Chile, GNU/Linux Approaches 4%
Let's see if it can exceed 5% by year's end
No Room for Misogyny and Incels in Free Software
How can we ever trust men whose own family and their own partners cannot trust?
In El Salvador, ChromeOS and GNU/Linux Now Measured at Around 12%
signs of gradual and steady adoption of GNU/Linux
Software in the Public Interest (SPI) Starts Spending Big Money in an Effort to Resist Lawsuit From Daniel Pocock
They've lost over half a million dollars in the latest 3 years
The Establishment, Cambridge, Steve McIntyre & Debian suicide cluster
Reprinted with permission from Daniel Pocock
Links 05/08/2026: Internet Archive Harmed by Slop Bot, "EBay And Former Execs Agree to Pay $56 Million For Trying to ‘Crush’ a Journalist"
Links for the day
Luxembourg and Software Freedom
Luxembourg's adoption of GNU/Linux has quite consistently been higher than the European average
The Free Software Foundation (FSF) Web Site is Online, GNU's Site Having Issues (Ongoing Issues)
We hope they can rectify the issues with the GNU Web site
Freedom Includes the Liberty to Disagree (and be Listened to, Not Censored)
Freedom is our collective strength
Tanzania: GNU/Linux Now Seen on 8% on Desktops/Laptops (User Clients)
numbers have more than doubled
IBM CEO Says IBM Won't be Bankrupt by 2028 or 2029 (When He Reaches Retirement Age)
IBM has no path to survival
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 04, 2026
IRC logs for Tuesday, August 04, 2026
Gemini Links 05/08/2026: Being Good, Tildeverse and Tilde.pink, Games
Links for the day
Links 04/08/2026: GAFAM Expressing Concerns About Dangerous Disinformation by Slop, Bill Epsteingate-Connected Litigation Firm Salivating Over Europe
Links for the day
Gemini Links 04/08/2026: Root Shell and "Duty of Care"
Links for the day
Alternate Data (Not IBM's Headcount) to Show Mass Layoffs' Effect at IBM (Despite Many Acquired Workers Via M&A)
mass layoffs at Hashicorp and at Confluent this year (media did not cover either).
Big Blue's Quiet Axe - Poem Regarding IBM "RAs"
No idea who posted this, but it is profound
Growing Proportion of Linux Commits Being Made by LLMs Not a Sign of LLMs Working, It's a Sign of Linux Development Being Shifted From Community to GAFAM and Other Slop Pushers
antagonist became apologist
Worse Than "Taking Your Job", the Slop Pyramid Scheme Will "Take Your Pension"
This will not end well
Abundance of Fake (Sometimes Paid-for) 'News' About IBM Will Discredit the Media as a Whole
In 'the news' today
Microsoft is Trying Vapourware Again (to Keep Developers and Gamers From Fleeing)
For XBox, the main thing over the horizon is additional layoffs
statCounter Reckons 12.33% of Web Traffic in Gambia Can be Attributed to GNU/Linux, Even 15% If Adding ChromeOS
Will this be sustainable?
Reminder: The Pedophilia Problem Comes From the Accusers
Attacks on Richard Stallman are a distraction; his accusers are themselves the culprits
SLAPP Censorship - Part 139 Out of 200: Solicitors Regulation Authority (SRA) Needs More Public Scrutiny (New Management Changed Nothing, It's Costing a Lot of Taxpayers' Money)
millions or maybe billions of pounds wasted
Rumours of Further IBM Shutdowns
IBM is going out of existence
Brigading Against Women - Part II - Threatening Women Using the Human Rights Tribunal of Ontario (HRTO) and Then False Threats Miscarrying the Name of a Court
In this series we intend to show the threats, the outcomes of those threats, the response to those threats
Collapse of MElon Companies a Taste of What's to Come for Slop Bubble and GAFAM (Trillions in Debt, Justified as Slop "Investments")
One good example of this was SpaceX
The 'Hyperinflation' in Hardware Dooms Video Hosting (Very Large Files)
a terabyte of video files would be expensive
Rumours of Silent Layoffs in Microsoft This Month (August 2026), PIPs and Global Voluntary Separation Agreement (GVSA), aka "Buyouts"
Will any investigative journalism follow or just shallow puff pieces and LLM trash from slopfarms?
Links 04/08/2026: "Framework for Musician Burnout" and Alexa+ "is a Buggy Embarrassment"
Links for the day
Signs That XBox as a Console is Coming to an End, Windows Gaming Will be Called "XBox"
"XBox" is the next "Surface"
Microsoft's Share in Search Falls Sharply in Europe
The layoffs at Microsoft's Bing will carry on
Romania: GNU/Linux Reaches 4% (Less Than EU Average)
We expect this same upward trend to carry on
Microsoft Sites or Sites Sponsored by Microsoft Angry That GNU/Linux is Gaining
The Microsofters cannot easily dismiss reports of GNU/Linux growth as "bots" or just allege that statCounter alone is wrong
Ableism in the Free Software Movement Typically Comes From GAFAM Operatives and Proprietary Software Apologists
And their hired guns
Afghanistan: GNU/Linux Steadily Rises to 9%
Windows is steadily declining
IBM Innovation: It Has Invented New Methods of Silent Layoffs or Secret RAs
How IBM disguises mass layoffs now
Many Anniversaries
Many anniversaries in quick succession
LLM Slop Won't Replace People and Jobs (in the Long Run)
At the end of the day, people who know their job offer more useful information, whereas LLMs waste people's time (typically an 'externality' to the entity deploying chatbots)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 03, 2026
IRC logs for Monday, August 03, 2026
Over 3,500 Known Gemini Capsules Accessible and Active According to Lupa
It finally happened this morning
Gemini Links 04/08/2026: Library Cards, Dead Ends in Software Development, and DOS on USB Key
Links for the day