Bonum Certa Men Certa

Recommendations for OIN, IBM, and Florian Müller

Never alone
Peace with IBM and OIN -- not hostility -- will make Free software safer



Summary: Analysis of the latest motions against OIN and against IBM, courtesy of Müller

AS the conversation with Florian Müller carries on, we are hoping to find out why he supports a Microsoft-backed fight against IBM (which has quite a monopoly on GNU/Linux in the mainframe). We are trying to show both sides of this story rather than be directly involved in the argument.



Müller has written a new post about "four alternative ways to improve the Open Invention Network's patent license agreement" where he says that "Journalists are also puzzled"; well, actually, if they are baffled, then it's probably because he puzzled some of them by posting the material which he mass-mails to many journalists. A lot of people may not know this, but it's only fair to say that Müller sends many mails separately to a lot of people who write about the subject. It would at least be honest to mail one message with a list of recipients who get an identical message.

So anyway, to many journalists there is no controversy at all here (exception among Microsoft boosters like Gavin Clarke and others who are apathetic or hostile towards GNU/Linux). Müller is trying to change that and "In a new blog posting," he told us, "I explain the biggest problem I have with the OIN's patent license agreement in a way that programmers and other non-lawyers can understand, and then outline four alternative ways to address the problem identified." For those who have not seen Müller's previous rants about the OIN, start around [1, 2, 3, 4].

We too are critics of OIN, but it does not go as far as it does for Müller, to whom IBM is the worst thing since The Plague. Actually, IBM's practices in IT have so far been rather benign, at least over the past decade. Müller paints a target on the wrong company, unless he can provide more compelling evidence.

Müller has also been writing on the issue of codecs and at times criticising WebM [1, 2, 3]. "Now the FOSS detractor [Müller] is attacking Google's VP8/WebM," wrote Pamela Jones in Groklaw some days ago (regarding his new post about WebM). "There's your "freedom fighter," boys and girls. Is there anyone or anything FOSS he *doesn't* find fault with?"

Here is a portion of another new rant from Müller (also about OIN):

It's easy to see why IBM wouldn't want the list to include the Hercules open source mainframe emulator. Its patent pledge shows that it likes to redefine its commitments. But if Red Hat and Novell determined that some OIN patents might hurt a competitor of theirs like Mandriva, they could also use the OIN for that purpose.

The OIN's definition of the "Linux System" changes all the time. Since it's version-specific, that's inevitable until they adopt a fair, reasonable, non-discriminatory, reliable and transparent approach instead of the current scheme.


"Maybe this is of interest with a view to future articles on Linux patent issues," Müller told us. Well, actually this is possible to resolve with an open letter or an E-mail. We covered this subject before and OIN's scope of coverage is not the principal issue. It is true that OIN needs to be more transparent and communicate better with the public. Instead, OIN guards its image and keeps silent on the topics which matter (so does IBM). Over a year ago the OIN approached me with an offer of an interview to publish with OIN's CEO. I took the offer and typed up a few hard questions (but mostly easy ones), such as the OIN's vulnerability in defending against patent trolls. Suddenly, the same OIN which wanted me to interview the CEO lost interest in this idea. They must have wanted just a one-sided story and my sceptical questions did not guarantee it. So here's just one anecdotal story about an area where the OIN must improve.

“Florian Mueller is busy on Slashdot trying to rally the community against IBM, and getting absolutely nowhere, I notice.”
      --Pamela Jones, Groklaw
Moving on a bit, regarding Müller's support of Microsoft's side in the mainframe case, Jones writes at Groklaw (citing IDG): "I see Maureen O'Gara is writing supportingly of NEON. And Florian Mueller is busy on Slashdot trying to rally the community against IBM, and getting absolutely nowhere, I notice. By the way the headline is wrong. There is no "Open Source" complaint, and the community doesn't much like being used like this. The FOSS community is made up mostly of geeks. That means brains are not in short supply. And they can recognize phony issues when they see them. And they know how to research and figure out who is really behind all this. And frankly, the FOSS community supports the rights of any programmer or company to license its work and defend it from Psystar-like attacks. That may be news to Hollywood, but the GPL is a copyright license, and it is also defended when required."

Speaking of IBM, a few days ago we wrote about the software patents situation in New Zealand. The role of IBM was mentioned by us because a lobbying front backed by IBM pushed for software patents to be legal in New Zealand. Here is a recent article about this front, which Microsoft supports too (many American multinationals are listed). From the analysis: [via Groklaw]

What influence does NZICT have on Government Ministers?

When asked whether they thought the Government would go through with the recommendation, he assured me (with a knowing smile) that "they'll definitely reconsider their position, and reopen the issue for discussion". When asked how this could be achieved given Simon Power's strong statement in support of excluding software patents, the board member admitted he was surprised by that as well... and said that it would certainly make their eventual reversal more troublesome (but he didn't doubt that the Government would reconsider their position and make the "right choice", i.e. retaining software patents).

Their apparent access to ministers through private channels seems somewhat dubious, as does their (perhaps misguided) sense of their ability to influence government officials. This is disturbing and warrants further exploration.


In summary, recommendations ought to be made that OIN should answer the hard questions, that IBM should make a public statement about its software patents policy (if IBM lobbies for software patents as it does, then it ought to just admit this), and it will also be useful to know the role of Microsoft in the mainframe case. If people like Müller care about software freedom, then they will cease to tease IBM in this area. The criticism is misdirected and exaggerated. IBM does many good things for Free software.

Comments

Recent Techrights' Posts

Google Has Mass Layoffs (Again), But the Problem is Vastly Larger
started as a rumour about January 2025
Electronic Frontier Foundation Defends Companies That Attack Free Speech Online (Follow the Money)
One might joke that today's EFF has basically adopted the same stance as Donald Trump and has a "warm spot" for BRICS propaganda
 
Early Retirement Age: Linus Torvalds Turns 55 Next Week
Now he's almost eligible for retirement in certain European countries
Gemini Links 22/12/2024: Solstice and IDEs
Links for the day
BetaNews: Microsoft Slop is Your "Latest Technology News"
Paid-for garbage disguised as "journalism"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 21, 2024
IRC logs for Saturday, December 21, 2024
Links 21/12/2024: EU on Solidarity with Ukraine, Focus on Illegal and Unconstitutional Patent Court in the EU (UPC)
Links for the day
[Meme] Microsofters at the End of David's Leash
Hand holding the leash. Whose?
Deciphering Matt's Take on WordPress, Which is Under Attack From Microsofters-Funded Aggravator
the money sponsoring the legal attacks on WordPress and on Matt is connected very closely to Microsoft
Gemini Links 21/12/2024: Projections, Dead Web ('Webapps' Replacing Pages), and Presentation of Pi-hole
Links for the day
American Samoa One of the Sovereign States Where Windows Has Fallen Below 1% (and Stays Below It)
the latest data plotted in LibreOffice
[Meme] Brian's Ravioli
An article per minute?
Links 21/12/2024: "Hey Hi" (AI) or LLM Bubble Criticised by Mainstream Media, Oligarchs Try to Control and Shut Down US Government
Links for the day
LLM Slop is Ruining the Media and Ruining the Web, Ignoring the Problem or the Principal Culprits (or the Slop Itself) Is Not Enough
We need to encourage calling out the culprits (till they stop this poor conduct or misconduct)
Christmas FUD From Microsoft, Smearing "SSH" When the Real Issue is Microsoft Windows
And since Microsoft's software contains back doors, only a fool would allow any part of SSH on Microsoft's environments, which should be presumed compromised
Paywalls, Bots, Spam, and Spyware is "Future of the Media" According to UK Press Gazette
"managers want more LLM slop"
On BetaNews Latest Technology News: "We are moderately confident this text was [LLM Chatbot] generated"
The future of newsrooms or another site circling down the drain with spam, slop, or both?
"The Real New Year" is Now
Happy solstice
Microsoft OSI Reads Techrights Closely
Microsoft OSI has also fraudulently attempted to censor Techrights several times over the years
"Warning About IBM's Labor Practices"
IBM is not growing and its revenue is just "borrowed" from companies it is buying; a lot of this revenue gets spent paying the interest on considerable debt
[Meme] The Easier Way to Make Money
With patents...
The Curse (to Microsoft) of the Faroe Islands
The common factor there seems to be Apple
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 20, 2024
IRC logs for Friday, December 20, 2024
Gemini Links 21/12/2024: Death of Mike Case, Slow and Sudden End of the Web
Links for the day
Links 20/12/2024: Security Patches, Openwashing by Open Source Initiative, Prison Sentence for Bitcoin Charlatan and Fraud
Links for the day
Another Terrible Month for Microsoft in Web Servers
Consistent downward curve
LLM Slop Disguised as Journalism: The Latest Threat to the Web
A lot of it is to do with proprietary GitHub, i.e. Microsoft
Gemini Links 20/12/2024: Regulation and Implementing Graphics
Links for the day
Links 20/12/2024: Windows Breaks Itself, Mass Layoffs Coming to Google Again (Big Wave)
Links for the day
Microsoft: "Upgrade" to Vista 11 Today, We'll Brick Your Audio and You Cannot Prevent This
Windows Update is obligatory, so...
The Unspeakable National Security Threat: Plasticwares as the New Industrial Standard
Made to last or made to be as cheap as possible? Meritocracy or industrial rat races are everywhere now.
Microsoft's All-Time Lows in Macao and Hong Kong
Microsoft is having a hard time in China, not only for political reasons
[Meme] "It Was Like a Nuclear Winter"
This won't happen again, will it?
If You Know That Hey Hi (AI) is Hype, Then Stop Participating in It
bogus narrative of "Hey Hi (AI) arms race" and "era/age of Hey Hi" and "Hey Hi Revolution"
Bangladesh (Population Close to 200 Million) Sees Highest GNU/Linux Adoption Levels Ever
Microsoft barely has a grip on this country. It used to.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 19, 2024
IRC logs for Thursday, December 19, 2024