Bonum Certa Men Certa

On Hypocrisy, Müller's Mass Mailing to Journalists, and Lobbying

Summary: The question of abolishment versus embrace of dysfunctional systems which impede freedom and civil liberties

Florian Müller (probably a lobbyist whom we definitely distrust but must track nonetheless*) is still spreading his controversial stuff en masse (by E-mail) to journalists who sometimes propagate his disregard for Microsoft opponents without realising that he's just tweaking/personalising the same messages and sending them to tons of people who write for large readerships (just like ACT does). As the commenter says there, "You're quoting Florian Mueller calling others hypocritical?



"Pot, meet Kettle."

The one sense in which he's right about hypocrisy from IBM et al. is probably lobbying. Here is a new press release from lobbyists who work on behalf of these companies to promote GNU/Linux and "Open Source" in government. This got some more press coverage following the press release.

Open Source for America (OSFA) an organization of technology industry leaders, non-government associations and academic and research institutions that aims at boosting the use of open source software in the U.S. Federal government, has announced that as the organization is going to celebrate its first anniversary, it has already achieved a number of feats within the first year of its establishment.


We have already argued [1, 2] in favour of abolishing the practice of lobbying (in the pure sense where it's an occupation) rather than fighting lobbying with more lobbying. Likewise, it is hoped that IBM et al. will change their mind regarding software patents. It is better to just abolish software patents than to try and make them exist alongside "Linux" (where Linux mostly means the kernel).

If you spot journalists echoing Müller's talking points, let them know (e.g. in the comments) that they are being taken for fools because he sends the exact same stuff to lots of other journalists, most of whom are not responsive. He is essentially lobbying and he is not lobbying for software freedom, to say the very least. ____ * Just minutes ago he mailed me again with a special disclaimer what he is mass mailing journalists today (he probably does not send them the same disclosure when he pushes them to publish such Microsoft party line). To give readers the idea of what he regularly sends, here it is:

EU launches investigation against IBM over mainframe practices



(this goes to multiple recipients but I didn't want to use an undisclosed list because of potential problems with spam filters; nor do I use a mailer tool ;-)

I have some background for you on the European Commission's launch of an antitrust investigation against IBM.

If you'd like to link to my comments, I published them on my blog:

http://fosspatents.blogspot.com/2010/07/european-commission-launches-antitrust.html

Please find my comments and background information below (for your convenience).

Different agencies report that the European Commission today announced the launch of two formal investigations into IBM's practices in the mainframe business, following complaints lodged by T3 Technologies last year and French open source startup TurboHercules in March:

http://www.businessweek.com/news/2010-07-26/eu-investigates-ibm-for-suspected-abuse-of-dominant-position.html

http://online.wsj.com/article/BT-CO-20100726-705141.html

By coincidence, this announcement was made just a few days after IBM launched its new generation of mainframe computers, an event that shows mainframes are still big business and far from obsolescence. There are estimates that the mainframe business (including software) generates about half of IBM's corporate-wide profits. The mainframe software market has an estimated size of $25 billion, about twice the size of the software market for Linux.

The Commission appears concerned about the tying of IBM's mainframe hardware products to its dominant mainframe operating system, z/OS. This is reminiscent of the Commission's previous objection to the tying of the Media Player to the Microsoft Windows operating system and the "browser case" that was settled last year and resulted in a browser choice dialog box for Windows.

In early April, I published a threat letter with which IBM tried to intimidate French open source startup TurboHercules SAS, whose founder started the Hercules open source mainframe emulator in 1999, with 106 patents and 67 patent applications. If you're interested in the correspondence between TurboHercules and IBM -- two letters from each company --, please look up

http://fosspatents.blogspot.com/2010/04/turbohercules-entire-correspondence.html

There is a possibility of the Commission also formally investigating the complaint brought forward by NEON Enterprise Software, on which I reported here:

http://fosspatents.blogspot.com/2010/06/neon-to-lodge-antitrust-complaint.html

The other complaints were filed earlier, and there's always some back-and-forth correspondence between a complainant and a defendant after a complaint. That process must still be going on with respect to NEON's very recent complaint, but I wouldn't be surprised if in a few months the Commission also picked up that case. Then there would be three parallel EU cases related to IBM's mainframe practices in light of the suspected abuse of IBM's dominant market position (a de facto monopoly, actually).

Moreover, the US Department of Justice announced in October that it investigated IBM's mainframe practices. Since then, there hasn't been any further announcement by the DoJ. It will be interesting to see if the DoJ makes a further announcement in the weeks or months ahead.

The open source aspect of the TurboHercules complaint and IBM's use of patents are the reasons for which I recently learned a lot about the situation in the mainframe market. I'm convinced that customers are locked in and milked shamelessly by IBM, and I hope that the outcome of the process will result in more customer choice, including the possibility to use the Hercules open source emulator to run legacy mainframe applications on affordable Intel-based servers.

For some time, IBM has been lobbying the EU as a self-proclaimed advocate of open source and open standards. I can't see how this antitrust probe will enhance IBM's credibility in that context:

http://fosspatents.blogspot.com/2010/07/openforum-europe-hypocrites-lobby-eu.html

Florian

[phone number omitted]

Comments

Recent Techrights' Posts

KillerStartups.com is an LLM Spam Site That Sometimes Covers 'Linux' (Spams the Term)
It only serves to distract from real articles
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 21, 2024
IRC logs for Thursday, November 21, 2024
Gemini Links 21/11/2024: Alphabetising 400 Books and Giving the Internet up
Links for the day
Links 21/11/2024: TikTok Fighting Bans, Bluesky Failing Users
Links for the day
Links 21/11/2024: SpaceX Repeatedly Failing (Taxpayers Fund Failure), Russian Disinformation Spreading
Links for the day
Richard Stallman Earned Two More Honorary Doctorates Last Month
Two more doctorate degrees
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 20, 2024
IRC logs for Wednesday, November 20, 2024
Gemini Links 20/11/2024: Game Recommendations, Schizo Language
Links for the day
Growing Older and Signs of the Site's Maturity
The EPO material remains our top priority
Did Microsoft 'Buy' Red Hat Without Paying for It? Does It Tell Canonical What to Do Now?
This is what Linus Torvalds once dubbed a "dick-sucking" competition or contest (alluding to Red Hat's promotion of UEFI 'secure boot')
Links 20/11/2024: Politics, Toolkits, and Gemini Journals
Links for the day
Links 20/11/2024: 'The Open Source Definition' and Further Escalations in Ukraine/Russia Battles
Links for the day
[Meme] Many Old Gemini Capsules Go Offline, But So Do Entire Web Sites
Problems cannot be addressed and resolved if merely talking about these problems isn't allowed
Links 20/11/2024: Standing Desks, Broken Cables, and Journalists Attacked Some More
Links for the day
Links 20/11/2024: Debt Issues and Fentanylware (TikTok) Ban
Links for the day
Jérémy Bobbio (Lunar), Magna Carta and Debian Freedoms: RIP
Reprinted with permission from Daniel Pocock
Jérémy Bobbio (Lunar) & Debian: from Frans Pop to Euthanasia
Reprinted with permission from Daniel Pocock
This Article About "AI-Powered" is Itself LLM-Generated Junk
Trying to meet quotas by making fake 'articles' that are - in effect - based on plagiarism?
Recognizing invalid legal judgments: rogue Debianists sought to deceive one of Europe's most neglected regions, Midlands-North-West
Reprinted with permission from Daniel Pocock
Google-funded group distributed invalid Swiss judgment to deceive Midlands-North-West
Reprinted with permission from Daniel Pocock
Gemini Links 20/11/2024: BeagleBone Black and Suicide Rates in Switzerland
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 19, 2024
IRC logs for Tuesday, November 19, 2024