Bonum Certa Men Certa

IBM Uses Software Patents Aggressively

Beware the Big Blue monster

Dragon or sea monster on carousel



Summary: New leak shows that IBM not only lobbies to keep software patents, but that it also uses them against rivals

SHAME on IBM. In many previous posts we criticised IBM's stance on software patents and now we can criticise its legal actions too.



Regardless of the motives of TurboHercules (it has joined Microsoft's lobby [1, 2]), it is now being confirmed that IBM not only lobbies for software patents but that it is also bullying TurboHercules with software patents (in Europe!).

Florian Mueller has just uploaded the following document, which led the president of the FFII to saying that "IBM [is] threatening Open Source Mainframe emulator with software patents..."

IBM letter dated 11 March 2010 to TurboHercules SAS

Scroll down to the list of patents.

Mueller writes that "IBM is using patent warfare in order to protect its highly lucrative mainframe monopoly against Free and Open Source Software." He argues that "IBM breaks the number one taboo of the FOSS community and shamelessly uses its patents [...] This betrayal of the promise is unbelievable, but I never believed that IBM was sincere about that pledge in the first place."

Some might suggest that Mueller is acting as a front for Microsoft, but regardless of all that, just looking at the original complaint against TurboHercules, IBM is clearly being a bully. Those recent suggestions that IBM can/should buy Novell are therefore worth a second look. With SCO cartoons abound [1, 2], this is no joking matter. Novell is up for sale (part of the reason we transition names) and it would be undesirable for a patent bully to acquire Novell's patents.

Regarding that Novell acquisition, longtime SCO booster Paul Murphy is at it again, connecting this to SCO [1, 2] and leading to a timely rant from Groklaw:

I confess I have been cracking myself up this time by reading old Rob Enderle, Paul Murphy, and Maureen O'Gara articles I had saved from the early days, each predicting solemnly Linux's doom. I can't tell you how much *more* fun it is to read them now than when they first showed up in 2003 and 2004. Remember Why SCO Should Win? Or O'Gara publishing Dan Wallace's letter supporting SCO's then-theory that the GPL was unConstitutional? Here's a law professor's answer to Wallace, by the way, for those who are new.

Ah, those were the days, weren't they? It's so pleasurable to reread all the heady nonsense SCO and its supporters were spewing. My favorite was Murphy promising to quit if SCO lost. Of course, he hasn't. He's still at it. Would you like to see his new dire prediction? He seems to think Elliot Management is a front for Microsoft or some other player who can buy SUSE and the copyrights, and then go after Red Hat and you and me.

Oh goody. Some new FUD. Let's enter, temporarily, then Murphy's alternate universe, because he forgot one detail. Well. Two.


It's not entirely impossible. Actually, it seems rather likely unless some company like IBM steps in (it's a lot cheaper than Sun). Would that be any better given that IBM endorsed Novell's patent deal with Microsoft?

Update: The FFII has just published the original letter as PNG images.

Comments

Recent Techrights' Posts

[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
 
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock
Detecting suspicious transactions in the Wikimedia grants process
Reprinted with permission from Daniel Pocock
Links 23/04/2024: US Doubles Down on Patent Obviousness, North Korea Practices Nuclear Conflict
Links for the day
Stardust Nightclub Tragedy, Unlawful killing, Censorship & Debian Scapegoating
Reprinted with permission from Daniel Pocock
Gunnar Wolf & Debian Modern Slavery punishments
Reprinted with permission from Daniel Pocock
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work