Bonum Certa Men Certa

Florian Müller Unearths Dan Lyons' Old Junk

Daniel Lyons
Original photo by Mark Coggins



Summary: A successor/heir is found for old unverified 'dirt' about Groklaw, IBM continues to annoy members of the public with ludicrous patent applications, and Microsoft joins an amicus curiae in the Therasense patent case

WE SELDOM write about Dan Lyons, the clown who called himself "fake Steve Jobs" in order to piggyback some famous person's name. Dan Lyons is probably known within GNU/Linux circles for his vicious attacks on GNU/Linux, on Richard Stallman/FSF, and on Groklaw. Some years ago he was spreading rumours though some weirdly-named blog (not "fake Steve Jobs") and Florian Müller is currently bolstering his anti-IBM agenda using old speculations from Dan Lyons, who alleged without evidence that IBM was paying Groklaw (IBM denied this under oath). For what it's worth, earlier today Müller published a GNU/Linux-hostile blog post about the Munich migration, which is succeeding [1, 2]. This is nothing new from Müller, who previously helped stall the migration to GNU/Linux in Munich (Müller has told us that he uses Vista 7 on his desktop/laptop and never GNU/Linux). The funny thing is that Novell staff is helping him right now over at Twitter. One of Novell's Mono folks even misleads him by mischaracterising statistics. We use Varnish as a separate and static front end, so the actual Web server only gets used as a 'fallback' when the page requested is not cached or the user is logged on (so generic pages do not apply).



Anyway, over a Groklaw we now have a summary of SCO vs. Novell trial transcripts. This trial ought to leave IBM in the clear, even though Microsoft has new proxies attacking IBM.

It ought to be added that we do not defend IBM all the time. We are strong critics of IBM's patent policy for example. Today we find another new example of IBM's outrageous patents:

IBM Trying To Patent Cure For Obama's BlackBerry Woes



theodp writes "Appearing Thursday on The View, President Obama lamented that his BlackBerry was no fun anymore, noting that only about 10 people had his BlackBerry personal e-mail address. 'I've got to admit it's no fun because they think it's going to be subject to the Presidential Records Act so nobody sends me the juicy stuff,' he ruefully added. Coincidentally, the USPTO disclosed on Thursday that IBM has a patent pending for a Cellular Telephone Using Multiple Accounts, which provides multiple SIM card slots to address the problems faced by 'an elected official [who] may be under legal restraints regarding the nature of calls which may be made from a particular telephone.' Without its invention, explains Big Blue, 'an official may use one telephone for calls in an official government capacity; another for calls to a re-election committee; and another for purely personal use.' IBM ran to the patent office with details of the new 'invention' (image) just days after Obama was told he could keep his BlackBerry for personal use, but would have to use an NSA-approved phone for anything government related."


Crosbie Fitch says: "Until you extract the root and abolish #patent, the weed of #swpat will keep coming back. #Patents are NOT 'a good idea badly executed'."

That's why OIN is not the solution, abolition is. The open letter calling for abolishment of software patents in Australia has almost got 800 signatures so far, so thanks to all the Australians who signed it. The target was 500 and it has been exceeded by far. The more, the merrier. Thanks to Ben Sturmfels for that.

Here is what Microsoft is up to this week when it comes to patents:

Last Friday, sanofi-aventis and Microsoft joined in filing an amicus curiae brief with the Federal Circuit in the Therasense, Inc. v. Becton, Dickinson & Co. case. The brief, filed in support of appellants and urging the en banc Court to reverse the three-judge panel's affirmance of inequitable conduct against Abbott, was limited to one of the "questions" posed to the parties and amici by the Federal Circuit when granting en banc review: "[w]hether the specific intent element of the inequitable conduct doctrine is properly derived from the common law" (see "Federal Circuit Grants En Banc Review in Therasense v. Becton Dickinson").

[...]

Intent generally is not required for patent infringement, a strict liability tort. It is only in "extraordinary situations," amici argue, that intent becomes an issue: for infringers when the allegation is for inducing infringement, and for patentees when the allegation is inequitable conduct. The brief argues that specific intent, defined as "[t]he intent to accomplish the precise act with which one has been charged" (reflecting the origins of the concept in criminal law) is the standard that a court should apply when establishing inequitable conduct.


As Carlo Piana put it, "the *only* solution is [software patents] abolition NOW."

Recent Techrights' Posts

Turns Out LLMs for Code Don't Save Time and Don't Improve Quality
Neither legal nor useful
 
Pissing Contests and Pissing Off Everyone
people who came from Microsoft are trying to vex and divide the community
Microsoft Repeats the Mistakes Made by the EPO After We Exposed a Major Microsoft/EPO Scandal 10 Years Ago
That scandal was all over the media, not just in English
The Demise of LLMs
We've just checked BetaNews again. They've dropped all the slop and went back to human authors.
Gemini Links 13/07/2025: Sonpo Museum of Art and FCEUX
Links for the day
Links 13/07/2025: UnitedHealth's Censorship Campaign, Australia Wary of China
Links for the day
Firing Away With Nonsense
Or fighting fire with fire
Links 13/07/2025: Climate Crisis, GAFAM Poisoning the Water
Links for the day
The Microsofters Will Have an Obligation to Compensate Us
This story isn't just about Microsoft. It's also about corruption, there are many women victims, there is abject "abuse of process", and many more scandals to be illuminated in years to come.
Reproducing at the EPO Instead of Producing Monopolies for Foreign Monopolies With Their Price-Fixing Cartels
Does the EPO recognise the need of well-educated Europeans to bear kids?
Valnet Inc. Dominates Real (Not LLM Slop) GNU/Linux Coverage in 2025
And likely in prior years, too
Free Software Foundation (FSF) Fund Raiser Goes on
Later this month we'll expose another OSI scandal
EPO Staff Representatives Issue a Warning About Staff's Health and Inadequate Care
Even the EPO's own stakeholders (money sources) are openly protesting against what the EPO became
Links 13/07/2025: Partly Assorted News From Deutsche Welle and CBC
Links for the day
Gemini Links 13/07/2025: Board Games and Battle Styles
Gemini Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 12, 2025
IRC logs for Saturday, July 12, 2025
Plunder at the Second-Largest Institution in Europe
cuts, neglect, health problems, even early deaths
Links 12/07/2025: Political Developments, Attack on Opposition, Climate Actions
Links for the day
Gemini Links 12/07/2025: Melodic Musings and Small Web July
Links for the day
Links 12/07/2025: Jail in China for Homoerotica, South Korea Discriminates Against Old Workers
Links for the day
If Only Everything Was Rewritten in Rust, We'd Have No More Security Issues?
Nope.
Links 12/07/2025: Birdwatching and Fake/Misleading Wall Street 'Valuation' Figures
Links for the day
Gemini Links 12/07/2025: How to Avoid Writing, Apps for Android
Links for the day
Using SLAPPs to Cover Up Sexual Abuse and Strangulation
The exact same legal team of the Serial Strangler from Microsoft and Garrett already has a history fighting against "metoo"
EPO Staff Committee on Harassment in the Workplace
slides
Adding the Voice of Writers to UK SLAPP Reform
The journey to repair antiquated (monarchy era) laws will likely be long
EPO Takes More Money From Staff for Speculation (Pensions), Actuarial Study Explains the Impact
"The key change in this year’s Actuarial Study, due to cascading the new “risk appetite” from the financial study, is a significant increase of the total pension contribution rate of 5.7 percentage points, up to a total of 37.8%. This is driven by an unprecedented decrease in the discount rate of 105 bps down to 2.2%."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 11, 2025
IRC logs for Friday, July 11, 2025
Microsoft - Like IBM - Does the "Relocation" Tricks (Start Over Elsewhere, Then Get Sacked by Microsoft)
It is a "low blow" or a "dick move"
After the Free Software Foundation's Campaign to Raise Money Let's See Campaigns to Finish Off Microsoft (Vista 11, GitHub etc.)
Microsoft is in effect collapsing
Your Publications Have No Major Impact Unless or Until You "Get Some Heat"
we're on the right track
Slopwatch: A Cause for Hope, the Hype is Dying
For about a month we showed that becoming a slopfarm - for several weeks - resulted in utter failure and ruin for BetaNews
Links 11/07/2025: Censorship Worsening, 3D Printing Success Stories, UK and France Unite Around Nukes
Links for the day
Gemini Links 11/07/2025: Zorin OS and Scriptonite Updates
Links for the day
Links 11/07/2025: Hardware, Russia, and China
Links for the day
Links 11/07/2025: Intel Collapsing and Microsoft Resorts to Bribery to Push Slop Via Obligatory Education
Links for the day
The EFF Sided With the Team That Strangles Women and Tells Women to Kill Themselves
They say that apathy and inaction are a form of a "stance"
"Nat [Friedman] and [the Serial Strangler From Microsoft] Were Always Exceptionally Close," Says Former Housemate and Colleague
Now Alex (hiding behind another name when that suits him) not only attacks women but also people who merely report what he did to women
Exemplary List of Things That Are Not Artificial Intelligence or Even Intelligence
The "age of AI" or "era of AI" or "AI revolution" mostly boils down to rebranding, just like "the cloud"
New Letter From the European Patent Office Explains How the Office Plots to Grant Many Illegal Patents, a Self-Fulfilling Prophecy of 'Growth'
Open letter to Mr Rowan (VP1) and Mr Aledo Lopez (COO)
Abuse of Process
5RB is employing people who help violent men
What Microsoft's Nat Friedman and Microsoft Lunduke Have in Common
"Get in da car; No time to explain, loser"
Microsoft and IBM Don't Have Much of a Future (They Mostly Pretend at This Point)
IBM and Microsoft are in some ways alike but in many ways different
It's Not Just Twitter (or X.com) That's Dying, Microsoft's Equivalent is Dying Also
Unable to find a business model
GitHub Copilot Can Cause the Bankruptcy of GitHub to Come Sooner and GitHub to be Shut Down Just Like Skype
Some publicly available information suggests that even for each paid subscriber for plagiarism (LLM 'coding') GitHub Copilot still loses more money than it makes
Wayland is Bad for the Planet
If you use Wayland, it'll take you longer to accomplish tasks and you will consume more energy (or battery life)
Legitimising Those Who Sabotage You
Microsoft is a very malicious company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 10, 2025
IRC logs for Thursday, July 10, 2025
On Microsoft Layoffs
we might be looking at about 60,000 Microsoft layoffs since 2023
EPO Management Already Breaks Its Own Promise (Lie) on "Bringing Teams Together"
This gut-punching move happened just 2 days ago
Gemini Links 11/07/2025: Occupation of 2025 and "Old Man Yells At Soundcloud"
Links for the day
Our Lawsuits Against the 'Cancel Mob' (Ringleaders) Helped Reduce Anti-Free Software Online Abuse
That's not to say that lawsuits are the best way to handle terrible people. But that can help.