EVEN though the world has a lot to gain from Linux, there is a virtual coalition that has a lot to lose, so it really hates Linux. Microsoft is not alone among those haters, but it is a major part of it and it has a lot to lose. For example, if Linux becomes a dominant operating system on large devices that are not servers, then Microsoft's Office franchise is at great risk.
This did not stop some from taking Florian Mueller's Oh Noes as gospel. Florian's German, not Texan. He knows there are courts there who can be as loony as any in Texas, but the appeals process there is shorter, and what happens in Germany usually stays in Germany. (He's also a very nice guy, as I learned when I visited him in Munich last year, where this picture was taken.)
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But don't let that stop a reporter from scaring the pants off people. Especially a lazy one. Don't spend a half-hour with the Google, guys. Write first, and ask questions later.
Her background as a paralegal meant that she knew about little details like Pacer, and could tell us about them. And things like how to ask for courthouse filings. She knew there were local court rules. We didn’t even know there were local courts. She knew about the need for lawyers to be admitted to the local courts to practice. The sort of details that if you hadn’t some experience with the legal system, you just wouldn’t know.
And let’s face it. Most of us had little experience with the legal system. Sure, at one time or another most of us had hired lawyers for one reason or another. Real estate. Wills. Business setup. But in most cases we hadn’t had to deal with the courts. Most legal issues never go near a court.
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Contrast that with my sparring partner Florian ‘The Sky is Falling’ Müller (who can’t even spell his own name correctly – he spells it Florian Mueller). He’s always willing to give you the 100% benefit of his non-existent expertise. Out of all of the articles he has written on the Fosspatents blog which have made predictions I cannot remember a single one which was correct.
Or take Rob Enderle, who once told me in email that he knew that Linux programmers had ‘stolen Unix code’ and put it into Linux (sorry, I no longer have that email, the account went dead when we moved and our ISP messed up the transfer of our broadband connection). How many times has Rob been right in his predictions?
Or Maureen O’Gara who kept writing the most fascinating accounts of how The SCO Group was bound for victory, only to watch them sink like a stone. We now know from her deposition which was entered as evidence in court that she was being fed false information from inside the company. Some of her articles were demonstrably based on that information, which is why she got it so wrong. Rather than following the facts, she trusted the people, and it turned out that the people involved at The SCO Group weren’t very trustworthy.
Another reason has to do with PJ’s legacy. A lot of people have a lot of money tied up in companies like Microsoft. Many of you know that I’ve predicted Microsoft’s filing for Chapter 11 Bankruptcy in the fall of 2014. One of the reasons I made the prediction is the Network Effect.
Most people think that the Network Effect favors Microsoft, the industry leader, with a huge market presence. This is incorrect. What the Network Effect actually favors is an open market using open systems, using open standards, where Free Software Darwinism can drive innovation at faster and faster speeds.
PJ’s backing of the Gnu General Public License, the Free Software Foundation, the Creative Commons, and other forms of openness is dangerous to those who have their money invested in legacy businesses like Microsoft. It may also be dangerous to Apple, I think that it’s quite possible that Apple may peak within the next five years, and unless it adopts Steve Wozniak’s suggestions, may begin to fail.
In short, by being honest, and telling the truth as she saw it, Pamela Jones annoyed some rich and powerful people. Rich and powerful people don’t like being annoyed. They have a tendency to strike back.
Competition authorities in Germany and the United States today highlighted the fundamental role that Free Software plays for competition in the software market. After several months of discussions, the US Department of Justice (DOJ) and the German Federal Competition Office (FCO) have allowed a consortium of Microsoft, Oracle, Apple and EMC to acquire 882 patents from Novell only subject to conditions clearly intended to prevent their use against Free Software players.
"This is an historic step", says Karsten Gerloff, President of the Free Software Foundation Europe, which was involved in the FCO investigation since the beginning. "The regulators acknowledge that Free Software is crucial to competition; that patent aggression can well be anticompetitive behaviour; and that fear, uncertainty and doubt serve to push smaller competitors out of the market."