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

XBox Being Discontinued, Some Models of XBox Canceled, Not on Sale Anymore
First some of the largest retailers quit stocking/selling XBox, now a 2TB model is axed
Firehose of Spam (Fake News) From The Register MS Today
This is how awful the state of news sites really is
Natural Disasters and Personal Disasters
Thank you, Om Malik, for the positive memories
Microsoft Already Closing Down Studios, According to Some Publishers
It is being compared to what happened in Intel
IBM PIP Stories Told in Public, Fake IBM News (Fabricated Claims) Drown Media Sites
IBM is seeding fake news to help justify the bailout
The Register MS is Promoting a Pyramid Scheme for Money, But It Is Over 6 Million Pounds in Debt
How much lower can the reputation of this publisher sink?
 
Same MIT Site That Fabricated the Fake News for IBM is Still Being Paid to Produce Fake "Reports" That Prop Up a Ponzi Scheme
If this is the media we deserve as a society and believe keeps us informed, then we are all doomed
'Social' Slop: The Social Control Media and Slop Crises Are Converging
Social Control Media and slop may have a shared fate. People will shun them both.
Union Syndicale Fédérale (USF) Speaks Out Against Campinos and Informs the Chairman of the EPO Administrative Council
Does Mr. Kratochvíl pay any attention at all?
'António the Pretender' Campinos is Digging His Own Grave With Grotesque Lobbying Intended to Undermine Democracy in Europe's Second-Largest Institution
One way or another, the EPO will never be the same again
The Principle of "Do No Harm"
"Do No Harm" is a common saying
After Years of Bluewashing People Who Are Still Labelled "Red Hat" Suddenly 'Leave' (Might be PIPs), IBM in "Forever Layoffs" Loop
Remember that Red Hat had mass layoffs this year
Microsoft Staff Bracing for Impact Ahead of "Layoffs Lottery"
some people start to assess who will get culled next
Donald Trump and IBM's CEO: Twins Separated at Birth, Saturating the Media With False Reports About Things That Don't Exist
Every "journalist" that went ahead with this fake news should be sacked on the spot for a rejection of fact-checking
The Register MS Will Become Indistinguishable From Spamfarms at This Current Pace
Follow the money...
Microsoft Layoffs Have Already Begun in Its PR Department
It is called Waggener Edstrom
Techrights Community as Litigants in Person (LIPs)
Unwittingly and due to circumstances we're had to step in to protect women abused by monstrous men who lack empathy
European Patent Office (EPO) Series: Rest and Recuperation on the Adriatic Coast
The EPO President's connections with the Croatian SIPO date back to his days as head of the EU trademark agency EUIPO
Slopfarms Becoming Scarce and Few (or Inactive)
we'll try to refrain from even giving the remaining slopfarms any visibility
The Register MS Promotes Things That Do Not Exist... for Money
How much more ZTE spam will come out before 5PM?
Links 26/06/2026: RIP, Om Malik, 1966-2026
Links for the day
Memory Leaks Suck
Slop ('vibe') coding means lots of bad programs
Gemini Links 25/06/2026: Life Philosophy and Misery
Links for the day
GAFAM Became a Mainstream Term, and Why Words Matter
Conveying problems in useful terms [...] Impairing propaganda attempts (e.g. calling parrots "intelligence", back doors "confidential", and outsourcing "cloud") should be the first step
European Patent Office (EPO) on Strike Today, Next Week Another Historic Week
If you live in Europe, contact your delegates today
FSF FreeJS Project (Part of the GNU Project's Goals) Advanced Further in 2026
They're moving to reduce dependence on anything to do with Microsoft
SLAPP Censorship - Part 119 Out of 200: Our Suggestions to Our Politicians and Heads of State
coverage about SLAPPs and related matters
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 25, 2026
IRC logs for Thursday, June 25, 2026
Microsoft Falls to Lowest Value Since 2023
Microsoft can come back down to somewhere below $100
This Could be the Start of Microsoft's Biggest Wave of Layoffs in 50+ Years
This is what it looked like for Intel a few years ago
Gemini Links 25/06/2026: Unix-like People and NeoGeo
Links for the day
Members of the Delegations in the EPO's Administrative Council Told That Amid Unrest Campinos Must Go; a Year of EPO Strikes Means It's Time to Change Leadership
Which strategy is needed for the European Patent Organisation?
The Cyber Show on How Data is Misused and Broadcast is Abused to Crush Resistance to Harmful Technology
We recently published a number of articles about how Computer Science is coming under attack
Increasing Participation Rates in Staff Representatives' Elections at the European Patent Office (EPO)
The industrial actions seem to have brought colleagues closer together
Microsoft's Mass Layoffs Have Already Begun (Could Not Wait 'Til July)
Microsoft's biggest layoffs round in 50+ years?
Assessing the "Worth" of a Life
Don't let blunt plutocrats decide whether Venezuelans deserve sympathy or not
Planning 20-Year Techrights Event
Interested people can contact us in IRC
Links 25/06/2026: Earthquakes Strike Venezuela, Conflict of Interest in Kangaroo Court UPC
Links for the day
More Weight of IBM's Stock is Ascribed to Lies and Things That Do Not Exist
Turning stones into gold?
SLAPP Censorship - Part 118 Out of 200: Exposing Crimes is Not a Crime, It is a Public Service
We will soon enter the sixth year of lawfare
Links 25/06/2026: "Why We Need Seed Legislation" and XBox Chaos Predicted by Insiders
Links for the day
Gemini Links 25/06/2026: Hobbies Change, Young love, Strange Encounter, and Raspberry Pi Zero W
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 24, 2026
IRC logs for Wednesday, June 24, 2026
Don the Con Meets the Conman From IBM, Shares of IBM Continue Sliding Some More
The "Quantum" hype did not last long [...] PIPs are the new layoffs
Retaliatory Whistleblowing Expected at Microsoft During or After the Mass Layoffs
Retaliatory behaviour by Microsoft will backfire
Gemini Links 24/06/2026: Heatwave, Steam Next Fest, and Year of Buying Guitar Pedals
Links for the day
Links 24/06/2026: China Tops "TOP500", Impact of Microsoft’s Massive Layoffs Extends Further, Internet Society's Community Snapshot
Links for the day
While Thousands at IBM Lose Their Jobs ("Silent Layoffs") IBM's CEO Goes Begging the Dictator for Bailouts, Based on Deliberate Lies About "Quantum"
Many who claim to be retiring are only in their 40s and 50s. They're too proud to publicly admit what IBM did to them.
European Patent Office (EPO) Series: London Calling...
EPO Vice-President in charge of the "Patent Granting Process" is likely to have been a pay-off for the support which the UK gave to Campinos in 2017
Faking Productivity With Slop and Wasting Money on Faking 'Productivity': A Microsoft Story
If the quality of everything at Microsoft goes down
IBM Sends Workers 'Packing', Sometimes With the "Low Performer" Label That Imperils Their Future
To many people out there, IBM correlates with deceit
Links 24/06/2026: Four-Day Workweeks, GM Cut 1,000 Workers at Its EV Plant, 21,000+ Oracle Layoffs
Links for the day
A Step in the Right Direction (EU) in the Fight Against LLM Slop From GAFAM (US)
We've already mentioned this in Daily Links, but let's discuss this a little further
SLAPP Censorship - Part 117 Out of 200: Libel Tourism or Defamation Forum-Shopping in the United Kingdom Condemned by the European Union (EU)
Last week we reminded readers that the EU had criticised UK defamation law
Demonstration Next Week at the European Patent Office (EPO), Administrative Council Seen as Complicit
Corruption in Europe hurts all of us
IBM is Now Hinged on False Accounting and False Promises
This is the legacy of the current CEO
"PARTNER CONTENT" or 'Content Farms' That Promote Slop and Misinformation (The Register MS)
The Register MS represents a big part of the problem we all face
Wikipedia - Like Some Free Software Projects Infiltrated and Bribed - Bans Its Own Founder
Over the years we've named (not shamed) some projects and organisations that got corrupted by money and ended up banning their own founders
Turn Off the Slop, It's Wasting Energy and Destroying the Planet (the Only Planet We Have)
Right now we see lots of headlines about energy shortages and drained-up reserves
Lessons From Almost 30 Years of Site-Building Activities
We still strive to become faster and lighter
Do Not Outsource (the Seductive Mirage)
Abandoning so-called 'conventional wisdom'
Media Complicit in IBM Fraud Meant to Prop Up the Share Price Based on Lies, Fabrications
Even IBM insiders are fuming at this
The “Aktion T4” at the European Patent Office (EPO) Saves Money for the President's Own Purse
Call for parents of children with special needs
In Some Countries, Windows Has Lost Its Monopoly
Windows fell to an all-time low globally this month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 23, 2026
IRC logs for Tuesday, June 23, 2026
Gemini Links 24/06/2026: Motivation, PostScript Printer, and Why Hyperscalers and the Smolnet are Compatible
Links for the day