Bonum Certa Men Certa

Debate Rages on Regarding the Open Invention Network (OIN)

Ford and Carter



Summary: Groklaw defends IBM and OIN very stubbornly (as well other initiatives that help legitimise software patents rather than immediately eradicate them), but Florian Müller from Germany disagrees with this approach

A COUPLE of days ago, Pamela Jones (PJ), the editor of Groklaw, started what we consider to be an unfair attack. PJ shoots the messenger (Florian Müller) once again in order to defend IBM/OIN (Groklaw always defends IBM, which is a software patents proponent and a monopolist for several decades). To quote the criticism:

Mueller calls OIN a scam 02:42AM June 06/13/10, 2010 Florian “Floyd” Mueller of Fosspatents has found a new windmill to tilt at — the Open Invention Network.

“There’s absolutely no evidence it has ever helped any FOSS company” he charges at his blog.

[PJ: As usual, Mueller is totally wrong. Blankenhorn says Mueller's nickname is "Floyd". It should be Florian "FUD" Mueller. OIN has helped every FOSS company by intercepting and buying up the patents Microsoft tried to shop around so that third parties could sue Linux. Where was he when that happened? Microsoft tried to auction off some patents that they claimed relate to Linux. Patent trolls could have bought them. Instead Open Invention Network (OIN) got them. And OIN also helped TomTom, who instead of paying Microsoft to use FAT, instead removed it. Here's one bit of what Jim Zemlin of the Linux Foundation said at the time about the case, and notice the credit given to OIN: "There is another silver lining here. We read the outcome of this case as a testament to the power of a concerted and well-coordinated effort by the Linux industry and organizations such as the Open Invention Network, the SFLC and the Linux Foundation. This was not merely a typical David vs. Goliath story. This time David aligned itself with the multiple slingshots of the Linux community. Microsoft relented as soon as TomTom showed they were aligned with that community and ready to fight. The system is working." So if Blankenhorn is thinking that Mueller is a FOSS person, he's mistaken. He's not even an Open Source person, I'd opine. If he were one, he's very much out of the loop, judging from his ignorance of the role OIN is playing. As for Blankenhorn's suggestion that Mueller should carry Richard Stallman's torch, that is laughable as well as creepy.] - Dana Blankenhorn


Dana Blankenhorn wrote about this little Groklaw controversy in a new ZDnet blog post yesterday. "He's a character with his special sense of humor," told us Müller, "and I try not to take things personal the way he writes them."

Blankenhorn is not a proponent of Free software and neither is Groklaw (which spends a lot of time defending Apple, posting links about its products, and even Fog Computing sometimes). Blankenhorn ought to actually start using GNU/Linux in order to understand it. As mentioned in the comments and in here or here, "does the guy even know what he's writing about? FreeBSD among "Linux outfits"? jeez."

“IBM has an immense library of software patents, which give it a place at the table of every open source debate.”
      --Dana Blankenhorn
Blankenhorn responds to Groklaw's outburst and he correctly states: "When idealists are attacked from inside their party, it’s useful to note where the criticism is coming from, and why. Groklaw, for instance, has to my knowledge never set itself in opposition to IBM in any great open source debate. They are a player in all debates, but their word is never definitive.

"IBM has an immense library of software patents, which give it a place at the table of every open source debate. Through the Open Invention Network, it has created a commons with other open source players. But it is, as Mueller notes, a closed system, a poker table where your ante is your patent portfolio."

We asked Müller to respond for quoting. Regarding the allegations posted in Groklaw, Müller sent us the following statement which he considers fine for quoting verbatim:

My nickname is neither "Floyd" (Dana confuses me intentionally with another person: http://floydmueller.com) nor "FUD". Of course there are issues, including in the OIN context, where I personally have fears, uncertainty and doubts, and there are reasons for it. That does not make "FUD" my agenda. Instead, my agenda with the FOSS Patents blog is to provide information that (i) helps FOSS developers, distributors and users identify, avoid and deal with patent-related problems and (ii) puts a spotlight on ulterior motives and hypocrisy on the part of false friends of Free and Open Source Software. A long time ago I thought Groklaw shared the first goal. But by writing that IBM is free to sue the pants off TurboHercules, PJ has unfortunately shown that her agenda is different.

Throughout all those years PJ has never criticized IBM for anything other than disagreeing with that company on software patents. By contrast, on my blog and in my speeches, including recently such as at LinuxTag, I have meanwhile criticized something about every major player in the industry who has something to do with FOSS and patents. Not sparing any company is also the TechRights approach as far as I can see. But it's not the way Groklaw operates.

I don't claim to be a community leader. It's Dana Blankenhorn's journalistic freedom to portray me as a future community leader but after the article came out I told him in an email that I'm focused on patent issues and not at all aspiring to be what he thinks.

The only source PJ has for her theory of OIN having helped TomTom (although TomTom only became a non-paying licensee like dozens of others) is the Linux Foundation. Jim Zemlin is His Master's Voice when IBM, the Linux Foundation's largest sponsor, is involved, and IBM is a driving force behind the OIN as well.

If the OIN could solve the problem, - why did TomTom have to agree to rewrite its software over the next two years to work around Microsoft's patents? - why did TomTom have to agree to pay royalties to Microsoft? - why is Apple suing HTC? - why is HTC paying patent royalties to Microsoft? - why can't the OIN use its patents to obtain legally binding statements of non-assertion from key MPEG LA members (especially given that MPEG LA recently announced the possible creation of a WebM-related patent pool and considering that Google is an OIN licensee just like TomTom)? And one could find countless other examples that indicate that the OIN isn't the answer.

Also, PJ asked where I was when the OIN bought up patents that Microsoft auctioned off. Under the subhead "So what is the OIN good for", I clearly mention OIN's patent-buying activity and provide my view on it. I've copied the passage here:

The OIN continues to buy patents at auctions that might otherwise be acquired by regular trolls. At first sight, that may sound good. But given the intransparent and arbitrary structure of the OIN, it's not clear whether that's actually the lesser or the greater evil than a conventional troll. In the end, the OIN is under the control of those six companies who could decide to use some of those patents against competitors, including FOSS competitors. By controlling the definition of what the OIN calls the "Linux System", they can always ensure that their competitors don't benefit from it, even if they were or became OIN licensees.


I didn't say the trolls should have those patents. Not at all. But on my harmfulness ranking of ways to use software patents, trolls only rank second and malicious strategic holders rank first.

I wonder why PJ thinks it's a good idea that the OIN has completely arbitrary definition of the "Linux System" (meaning the software that is protected) in place, without any objective criteria such as "software shipped with major GNU/Linux distributions"...

Finally, I would like to stress that I have a lot of hope for the Defensive Patent License (DPL), which has not yet been published but on which several media (though not Groklaw) have reported. When the DPL is finally available, and provided that it is as good as I hope it will be, it will be interesting to see how the OIN's backers respond to it.

Hope this helps -- please let me know if there's any aspect that's important to you but has not yet been addressed by me.


Müller then proceeded to claiming that ECIS is hypocritical and that "there are three companies who are members of both organizations [OFE and ECIS]: IBM, Oracle, Red Hat." In another post he noted: "On Thursday and Friday of last week, I saw hypocrisy of the worst kind: two IBM vice presidents preaching open standards values to EU decision-makers and FOSS community members instead of practicing them at their own company, which would really need that kind of lecturing."

“On Thursday and Friday of last week, I saw hypocrisy of the worst kind: two IBM vice presidents preaching open standards values to EU decision-makers and FOSS community members instead of practicing them at their own company, which would really need that kind of lecturing.”
      --Florian Müller
Our criticism of IBM's approach toward software patents goes about a year back (the attitude changed after FFII had helped show that IBM was lobbying for software patents). There are certain questions IBM ought to answer, but IBM is very discreet and it rarely speaks to the public about this taboo subject. It mostly speaks using press releases. Müller's new posts also contain a word about Google's "promise" not sue (not against Free/open source projects anyway). It's similar to IBM's strategy and we have criticised Google for it [1, 2]. We oppose certain behaviours, not certain brands.

Groklaw does not always stand up for software freedom. Florian Müller does not stand up for software freedom either, as his actions in Munich show quite clearly, but he did work hard to keep software patents out of Europe and for that he deserves credit. We ought to look at IBM sceptically as well as at others. We should view groups of people (companies) not just based on brands, but based on policy/behaviour. We should utilise a judgment/meter which is based on a moral compass, not a brand compass.

There might be a difference in perspective because here in Europe we generally don't have software patents (that are formally legitimate). In the US they need to resort to civil disobedience and challenge existing laws which are lobbied for by companies like IBM which built vast portfolios of software patents with parasites like Marshall Phelps, who later did the same for Microsoft.

I personally view OIN as a temporary fix. It can be very effective sometimes [1, 2, 3, 4, 5, 6], but it's not a permanent solution. I know other people who have been feeling the same way for several years. The real solution is abolition of software patents. OIN is M.A.D., abolition is disarmament.

Florian Müller comes from Europe (where we don't have software patents), so the difference in perspectives wrt Groklaw ought to make sense. Maybe it's the geographical divide and diversity of opinions is always a good thing. Without it, no better solutions can ever be found. It's like evolution. Techrights sidles with neither side in this argument and this post hopefully presented both sides fairly, leaving readers to draw their own conclusions. ⬆

Comments

Recent Techrights' Posts

Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
 
Gemini Links 04/10/2026: Peace in Outage, Pen Pals, and deGoogling
Links for the day
Links 04/10/2026: Fires Rage in Borneo and Mass Layoffs at Disney
Links for the day
Garrett's Litigation Partner is Unemployed Again
losing one's job
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 03, 2026
IRC logs for Saturday, October 03, 2026
Teaser/Taster
Tomorrow morning we'll have an important story regarding "GGG"
Gemini Links 03/10/2026: Book Swaps and Book Crossing, Hidden Figures (2016), Apps and Tools for Research and Writing
Links for the day
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs