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

Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
 
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024