Bonum Certa Men Certa

IBM's Black Helicopters

Helicopter man



Summary: Software patents are not a done deal in New Zealand; Calling out Florian Müller's IBM paranoia

THE disturbing developments in New Zealand (allowing software to be patented) were partly the result of Microsoft lobbying. There were quite a few companies involved in this invasion which overrode the opinions of New Zealanders and this is not over because InternetNZ is challenging the decision.



InternetNZ (Internet New Zealand Inc) has today called for the Government to allow any proposed changes to the Patents Bill to be referred back to the Commerce Select Committee for further scrutiny.

The issue of software patents has recently attracted a great deal of attention and controversy, particularly in respect of the patentability of "embedded software".


New Zealand's locals were countered by a multi-nationals' lobby, as explained in the following news portion about NZICT [1, 2, 3, 4]:

Commerce Minister Simon Power and the Economic Development Ministry have rejected claims from commerce select committee chairwoman Lianne Dalziel they have significantly shifted their position by proposing software which has a "technical purpose" could be patented.

Mr Power announced in April that the Government would back changes to the Patents Bill proposed by the commerce select committee that would mean computer software could no longer be patented. The committee's understanding was that inventions that relied on "embedded software" – software that is built into a physical device – would still be patentable.

[...]

Information technology industry body NZICT has campaigned in favour of software patents, fearing the effect that restricting software patents could have on both its multinational members and locally owned software exporters.


The "embedded software" trick is also being used in Europe. "Computer programs as such (i.e. systems that solve data processing problems) are patentable," shows the president of the FFII by linking to this page in German. This initially happened because of Microsoft's FAT patent (ruling in Germany) and then solidified further by Siemens [1, 2].

Florian Müller uses fairly old news to daemonise IBM. He continues to act as though IBM is the only lobbyist for software patents, which is irrational. At the very least, he only ever concentrates on IBM, which makes some people suspect that he just pushes Microsoft's agenda (whether intentionally or not). "IBM's Bilski brief spits in the face of the free software and open source movements," he named his (almost) latest post and Microsoft is mentioned just once in the whole post, despite its obvious lobbying for software patents. Why does he single out IBM? Why does he never write any posts criticising Microsoft? It's rather baffling and some would say suspicious. We asked him for some answers about the bias and he said: "I will try to address those issues. Not all at once, but rather soon.

"The mainframe monopoly isn't a z/Linux question. I'm not sure you've been told the truth by other sources about the situation in the mainframe market..."

The thing is, Müller was approached or at least got in touch with some of those companies that joined Microsoft's lobby against IBM. What does it say about his dispositions?

In a members-only post from Groklaw, one reader points out:

It's like the trolling Florian Mueller is doing (and failing badly at) on slashdot. In the end, if they're trying to make their case, it's counter-productive, to say the least.


For those who lack context, Müller writes a lot of 'anti-IBM' in Slashdot these days. Never once have we seen him write negatively about Microsoft. Selective? Hypocrite? Misinformed? In any case, this biased of his is an issue we wrote about before.

A reader got in touch with us yesterday, saying that "Florian Mueller's latest meltdown" is sign that something is amiss. "Just to let you know that Florian Mueller had quite a public melt-down this weekend when he tried to troll slashdot," she said.

"Out of the over 200 comments, only 2 posters supported him - and one of those posters was Jay Mayrand, the maintainer of Hercules.

"No sooner were his claims debunked than he began to whine about a "conspiracy" involving groklaw and IBM. He's channeling Darl McBride.

"slashdot's comment system is a bit b0rked when it comes to handling deeply-nested comments, so I've collected some of the better quotes here: Florian Mueller's latest FUD campaign hits a brick wall

"Each quote links back to slashdot, so even if your view settings are messed up, you'll be able to access that portion of the comment thread.

"Everything that's in the link I sent you is very public already - it's all on slashdot, and there's no way for him to take it back or deny it."

“Out of the over 200 comments, only 2 posters supported him [Müller] - and one of those posters was Jay Mayrand, the maintainer of Hercules.”
      --Reader
Müller likes to stick to the story that those who defend IBM (like Groklaw) must be some kind of IBM operatives.

"Better watch it," told us the reader sarcastically, "you're now an IBM operative!

"Or worse, you're from groklaw! (he can't believe that people can actually operate on their own initiative - or that someone with a long history on slashdot (and over 500 fans) can actually act on their own initiative. It *has* to be a plot!

"He's now gotten a few of his friends to help spread the fud, so it's getting interesting.

"Like the claim that when groklaw deletes a user account, their posts automatically get set to "Anonymous". I guess they've never run a content management system before - geeklog handles account deletions that way. IIRC, so does postnuke, and so do many others. It'she only way not to break the threads.

"I've caught him in a few lies ... I intend to catch him in more."

Anyway, the bottom line is that Müller loses a lot of credibility because he aims to ruin a company that supports GNU/Linux, he mass-mails many journalists (we consider those methods to be a violation of netiquette), and he refuses to accept that software freedom is a worthy cause (his explanation about it was complex). We paid attention to him only because we do believe there is room for improvement in the OIN and in IBM's patent policy (especially the lobbying). We have argued this since 2008, long before Müller even resurfaced.

Having received about 50 E-mails from Müller, we urge people to reject Müller's points of view. They should be rejected on the basis that he has been hostile towards several Free software projects and he is blind to the fact that proprietary software companies except IBM are also the culprits. A criticism that's misdirected is only bound to mislead people. The obsession with IBM is similar to the dirty tricks used against ODF when Microsoft decided to pretend that behind everything ODF there was just IBM.

Comments

Recent Techrights' Posts

ICYMI: GNU/Linux Did Not Start in Finland
If we're honest/true to ourselves, we need to recognise history for what it is, not what some corporations (like GAFAM) want it to be
Codecs and Software Patents - Part VII - Entering Phase II, the Battle Against Companies That Normalise Taxed (by Patents on Mathematics) Codecs
In the next few part we'll deal with the impact on Free software, including the GNU Project
 
IBM's Kyndryl in Trouble: Mass Layoffs, Payroll Problems, Buybacks (in Company Whose Debt is Almost Twice Its Total Value), and Soon $9 Per Share (Down Over 80%)
Kyndryl is done. Stick a fork in it.
IBM is Googlebombing the Media With Fake Numbers to Promote Fake Technology
a classic example of why much of today's media cannot be trusted (anymore)
Up to 10,000 Microsoft Layoffs in a Couple of Months
Many ways to skin a cat
Truth Hurts. People Hurt by Truth Aren't Entitled to Compensation.
Family members aren't exempt
SLAPP Censorship - Part 77 Out of 200: They Never Knew How to Handle Women (Except to Attack Them)
The case against us was really quite simple
Update on Sirius Open Source in 2026 (When Your Former Employer Commits Crimes and Nobody is Held Accountable)
I did not envision myself spending several years (even 4 years after leaving that company) challenging the system for tolerating and even covering up corruption
The Corrupt Lecture the Non-Corrupt - Part XXIII - Cocaine Use at the EPO's Top-Level Management "Adds Up" and Worsens Things "Over Time"
"cocaine use knocks the IQ down permanently a tiny bit with each use. Over time that adds up."
Gemini Links 15/05/2026: Slop Fatigue and Banning LLM Use
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 14, 2026
IRC logs for Thursday, May 14, 2026
Links 14/05/2026: Health Science, Cheeto Meets Pooh, and Facebook Staff Loathing the CEO
Links for the day
Gemini Links 14/05/2026: Early Morning Practice and Number to Roman Numeral Converter
Links for the day
FSF Advertises the Father of Software Freedom Giving a Talk in Germany (a Digital Sovereignty Interest Hub, Sponsor of Free Software)
Free Software vs malware and the need for reverse engineering
Cybershow (UK) Shaping Up to be a Neat and Very Large Gemini Capsule
If only more platforms did the same, plenty of energy would be spared, "old" machines would be totally suitable (even with 20 tabs open), as we'd focus on substance, not bells and whistles
SLAPP Censorship - Part 76 Out of 200: The Problem With the United Kingdom Allowing Americans to File Lawsuits by Proxy (Relayed by "Hired Guns")
Solicitors in UK warned not to act as ‘hired guns’ to silence critics of super-rich
When Microsoft's LinkedIn Goes Offline All Your Fake Friends/Connections and Manufactured 'Status' Will be Gone
Many people quit social control media because they recognise it for what it truly is
Major Setback for IBM in the Courtroom, the Demolition of IBM is Proving Costly
Kyndryl is a sign of how IBM ("mother ship") is run and where IBM is heading
Links 14/05/2026: Willful Ignorance and Mass Layoffs at Microsoft
Links for the day
Gemini Links 14/05/2026: Rewatching V for Vendetta, JPEG XL, and Platform Migrations
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXII - What the Science Says About Cocaine in the Workplace (EPO President, Mr. Campinos, Please Take Note)
What the science says
European Patent Office (EPO) President, Mr. Campinos, Ignoring Its Staff While Protecting His Friends
the President is covering up cocaine use while ignoring his own workers
Slop Cannot Replace Everybody (the Story of Perl and Universities)
Quantity where abundance exists is without merit; quality is what people opt for as they have limited time and patience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 13, 2026
IRC logs for Wednesday, May 13, 2026
Links 13/05/2026: Sudan War Enters Fourth Year and Strait of Hormuz Leaves Safe Passage a Gamble
Links for the day
Gemini Links 13/05/2026: Useless Protests and Foofaraw on Geminispace
Links for the day
Mainstream Media: Microsoft Says No Layoffs. Microsoft: OK, There Are Layoffs.
Where is Waggener Edstrom/Frank Shaw now?
IBM's Kyndryl Down Almost 20% in 5 Days, IBM Down 35% in About 6 Months, Further 'Staff Reductions' at Red Hat (Problems Paying Salaries!)
Will this year's festivities be Krishna's last?
More Mass Layoffs at Microsoft, Only Weeks After the "Buyout" Nonsense (Glorified Severance to Highest-Paid American Staff)
Next up it is LinkedIn
IBM is in a Freefall, When Will IBM's CEO Fall on His Sword?
Since he controls the Board, is anyone in a position to fire him?
At GitLab, "AI" is "All India"
It says "as much as 30%," but they also hire and it's clear what demography is targeted
Verified Accounts of Microsoft Offering 'Retirement' (Layoffs) to People in Their 40s, Over Two Decades Earlier Than Retirement Age
It's not even about performance, it's about age (or "cost" as well as location; they cheapen the labour)
Links 13/05/2026: Slop Turns Into 2008-Style Subprime Bubble, Mass Layoffs at Starbucks
Links for the day
They Don't Like the Layoffs, So They Are Rebranding Them
Layoffs are layoffs
IBM Downgraded as the Shares Sink to New Lows
The current strategy of IBM is financial engineering, wage reductions, and mass layoffs that the corporate media refuses to even write about
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 12, 2026
IRC logs for Tuesday, May 12, 2026
Gemini Links 13/05/2026: TUIs and Internet Radio
Links for the day
How the European Patent Office Became a Crime and Corruption Hub, One of Europe's Biggest
incomplete outline