Bonum Certa Men Certa

Why is Florian Müller Sometimes Promoting Microsoft's Agenda? (Updated)

NEON vs IBM



NEON news



Summary: Florian Müller supports NEON's case against IBM

WE ROUTINELY quote Mr. Müller, but we very well know that his interests outside the software patents debate do not intersect with ours. It is somewhat sad that as we first showed yesterday, Müller pushes the Microsoft line against GNU/Linux domination in mainframes (be it by IBM or someone else). We wrote about NEON in [1, 2], but the connection to Microsoft's front does not deter Müller who promotes the anti-IBM line in Slashdot. In his blog he even links to Maureen O'Gara (who needs no special introduction [1, 2, 3, 4, 5]).



Müller portrays this whole thing without mentioning that Microsoft owns parts of the case and even companies involved (e.g. T3 [1, 2, 3, 4, 5, 6, 7]); he uses Dana's ZDNet blog for consent. From the latest:

The efforts by open source TurboHercules to break IBM’s mainframe monopoly through the European Commission got some proprietary support this week when NEON Enterprise Software LLC of Austin, Tex. filed an EU complaint alongside a U.S. antitrust lawsuit.

NEON was founded by BMC Software co-founder John Moores, so even if you have never heard of it, they have the money to pursue the case.


Müller is a decent guy and he will hopefully rethink what his work against IBM is doing to GNU/Linux in mainframes. Müller harmed the migration to GNU/Linux in Munich and now he harms Free software, essentially by promoting some partners of Microsoft.

Update: In his defence, Müller has responded by E-mail.

From: Florian Mueller Sent: Saturday, June 26, 2010 6:55 PM To: Roy Schestowitz Subject: NEON is not a Microsoft front

Hi Roy,

We'll always have a combination of items on which we agree and ones on which we disagree. Whether or not you elect to quote from this, I'd like to provide an explanation as to why I welcomed NEON's announcement of an impending antitrust complaint against IBM.

My primary concern about the mainframe case is the Hercules open source project, which started in 1999 and can therefore not be considered a Microsoft front by any reasonable stretch of the imagination. I believe this is now a situation in which antitrust intervention can benefit free software and open source once again, as Samba benefitted from the EU antitrust case against Microsoft.

NEON also filed a complaint, not with a view to emulation but a different scenario in which IBM alleges infringement of "intellectual property". In NEON's case one of IBM's legal theories is based on the DMCA, a piece of legislation that I'm sure you have a critical perspective on.

At any rate, I feel comfortable reporting on NEON because I can't see any indication that they are a Microsoft front. NEON's principal founder and owner (besides the company's employees) is John Moores Sr., a billionaire philanthropist who co-founded BMC (hence his wealth). This isn't the kind of company that would act as anyone else's front. NEON has its own beef with IBM, but it underscores the need for antitrust intervention against an abuse of a dominant market position (or, simply put, monopoly) and that's why I was glad to see them act not only in the US, where they've already lodged a complaint, but also in the EU.

Given NEON's background and the 11-year history of the Hercules open source project, this leaves only T3 as a complainant with a Microsoft connection. I heard that Microsoft is a shareholder of T3 but haven't been able to find out more detail on how much of the company they own. I haven't had any contact with T3 nor with NEON myself. I have no reason to assume that TurboHercules is linked to them.

At the end of the day, my view is that there is a serious problem with IBM's anticompetitive conduct, an antitrust intervention would be justified. A possible Microsoft involvement with one of the three complainants isn't the issue that the European Commission will be interested in. What matters is whether the European economy is harmed by IBM's behavior.

I can't see any negative effects on the mainframe version of GNU/Linux. On the contrary, I have talked to mainframe developers and I have learned that most if not all of the developers of the mainframe port of GNU/Linux use(d) Hercules for their own development and testing purposes, including but not limited to Alan Cox (former Red Hat Fellow, now employed at Intel) and Bernharnd Kaindl (who did the mainframe port of SuSE Linux).

Hercules is available for GNU/Linux as well as Windows.

If there are customers who want to continue to use existing ("legacy") z/OS program code, they are now forced to use IBM hardware and Hercules would give them a choice for some use cases. For possibly porting their applications to GNU/Linux, the switching costs, risks, delays and efforts involved are huge, but the existence and availability of Hercules certainly isn't a factor that would adversely affect anyone's attitude toward ports.

Best regards,

Florian

Comments

Recent Techrights' Posts

A Vortex of Beacons (or "Bluetooth Everywhere" Vision)
If someone (or someones) calls you paranoid for taking about "beacon"-like functionality, there will be no lack of authoritative citations (e.g. Web links) they can be provided to prove them wrong
IBM May be Sued for Mass Layoffs Via PIPs
Some whole threads (with all the long comments in them) recently got nuked by thelayoff.com
 
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026
Falkland Islands: GNU/Linux Elevated to 6%
GNU/Linux usage seems to have increased a lot there
Links 16/08/2026: Reading Outside, Going Offline More, and Art of Computer Programming
Links for the day
The Question of Patience
Is there a lesson here somewhere?
Links 16/08/2026: Ceuta Reports Social Control Media Used as a Weapon
Links for the day
Links 16/08/2026: Europe in Crisis of Droughts While Energy- and Water-Consuming, Pollution-Emitting Chatbots Are Spread by GAFAM (US) to Keep a Ponzi Scheme Going
Links for the day
GNU/Linux is a Platform for Work (Usage Surges in Daytime)
GNU/Linux 15% in daytime
We Need Rain, Not Chatbots
There's no "anti-AI" (it's not even AI), there's opposition to fraud, to plagiarism, and to companies that profit more when there's global warning (caused in part by their business activities)
SLAPP Censorship - Part 151 Out of 200: Dealing With Sleazy People and Companies That Steal (While Employing These Sleazy People)
we offer a quick summary and we're reflecting
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 15, 2026
IRC logs for Saturday, August 15, 2026
Gemini Links 16/08/2026: Sterrenkijker Releases, Solar Gemini Server
Links for the day
What I Learned in London
some ministers still help us in our fight for press freedom in the UK
At IBM, Workers 'Expire' Early ("Next Step" is 'Voluntary' Layoffs Decades Before Retirement Age)
It seems like the "new normal" is layoffs not existing or barely existing because companies hide them
EPO "Cocaine Communication Manager" - Part XVI - The German State Does Not Enforce the Law Against European Patent Office Officials
It's not acceptable that Europe's second-largest institution can get away with crime time and time again
Germany's National Broadcaster (DW English) to Air Julian Assange Film This Coming Week
It seems rather sad that we live in a world where rich thugs can get away with so many horrible things
WordPress is Bloatware and Bloated Software Guarantees Security Incidents
This site turns 20 in about 11 or 12 weeks from now and it was never cracked, not even when it ran WordPress
Too Many Chiefs (or Chefs) at IBM, They Don't Know How to Run a Company (With a 100+ Year or Century-Old Brand Recognition Advantage)
It seems like a consensus opinion; some line managers or middle managers are too selfish or self-deceiving
Bluetooth and Wi-Fi on Gym Equipment Can Endanger Several Parties
Joy oh joy! Give us more "smart" things
Microsoft Silent Layoffs This Month (PIPs and More "Buyouts", Driving Out the Workforce), According to Insiders
They know it's happening because they see it and fellow workers talk about it, even if the media keeps mum
Clacton's Election Was a 'Show Election'
At least some people squeezed out some "free press" out of this charade [...] That the media kept boosting parodies as the alternative/s to the bigot is a topic we wrote about a great deal over the past 3 weeks
Omarchy is Already Dying
Same as the life cycle of slopfarms
Windows is Burning
Windows is the "burning platform" of the year
Gemini Links 15/08/2026: Stress, Jetlag, and GPU Hype (Waste of Energy for Amusement, Fake 'Currencies', and Now for Mass Plagiarism)
Links for the day
Links 15/08/2026: XBox Rotting Further, "France’s Top Court Strikes Down Ban on Social Media for Children"
Links for the day
SLAPP Censorship - Part 150 Out of 200: Always Independently Verify What People Claim to Be (or Find Yourself in a Jason Arday-Type Moment/Dilemma)
I'm not a cardiologist and Garrett was never a security expert
Links 15/08/2026: "There Is No A.I." (Slop Plagiarism Isn't Intelligence) and Its "Impact on the Environment Is Absolutely Horrifying"
Links for the day
Gemini Links 15/08/2026: Gratitudes, "Microflier" Drones, and Literate Programming
Links for the day
IBM's PIPs and RAs (Layoffs) Going on, Interns as 'Scabs'
It seems like a consensus (also in Reddit, we took a quick look)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 14, 2026
IRC logs for Friday, August 14, 2026