Bonum Certa Men Certa

Why is Florian Müller Sometimes Promoting Microsoft's Agenda? (Updated)

NEON vs IBM



NEON news



Summary: Florian Müller supports NEON's case against IBM

WE ROUTINELY quote Mr. Müller, but we very well know that his interests outside the software patents debate do not intersect with ours. It is somewhat sad that as we first showed yesterday, Müller pushes the Microsoft line against GNU/Linux domination in mainframes (be it by IBM or someone else). We wrote about NEON in [1, 2], but the connection to Microsoft's front does not deter Müller who promotes the anti-IBM line in Slashdot. In his blog he even links to Maureen O'Gara (who needs no special introduction [1, 2, 3, 4, 5]).



Müller portrays this whole thing without mentioning that Microsoft owns parts of the case and even companies involved (e.g. T3 [1, 2, 3, 4, 5, 6, 7]); he uses Dana's ZDNet blog for consent. From the latest:

The efforts by open source TurboHercules to break IBM’s mainframe monopoly through the European Commission got some proprietary support this week when NEON Enterprise Software LLC of Austin, Tex. filed an EU complaint alongside a U.S. antitrust lawsuit.

NEON was founded by BMC Software co-founder John Moores, so even if you have never heard of it, they have the money to pursue the case.


Müller is a decent guy and he will hopefully rethink what his work against IBM is doing to GNU/Linux in mainframes. Müller harmed the migration to GNU/Linux in Munich and now he harms Free software, essentially by promoting some partners of Microsoft.

Update: In his defence, Müller has responded by E-mail.

From: Florian Mueller Sent: Saturday, June 26, 2010 6:55 PM To: Roy Schestowitz Subject: NEON is not a Microsoft front

Hi Roy,

We'll always have a combination of items on which we agree and ones on which we disagree. Whether or not you elect to quote from this, I'd like to provide an explanation as to why I welcomed NEON's announcement of an impending antitrust complaint against IBM.

My primary concern about the mainframe case is the Hercules open source project, which started in 1999 and can therefore not be considered a Microsoft front by any reasonable stretch of the imagination. I believe this is now a situation in which antitrust intervention can benefit free software and open source once again, as Samba benefitted from the EU antitrust case against Microsoft.

NEON also filed a complaint, not with a view to emulation but a different scenario in which IBM alleges infringement of "intellectual property". In NEON's case one of IBM's legal theories is based on the DMCA, a piece of legislation that I'm sure you have a critical perspective on.

At any rate, I feel comfortable reporting on NEON because I can't see any indication that they are a Microsoft front. NEON's principal founder and owner (besides the company's employees) is John Moores Sr., a billionaire philanthropist who co-founded BMC (hence his wealth). This isn't the kind of company that would act as anyone else's front. NEON has its own beef with IBM, but it underscores the need for antitrust intervention against an abuse of a dominant market position (or, simply put, monopoly) and that's why I was glad to see them act not only in the US, where they've already lodged a complaint, but also in the EU.

Given NEON's background and the 11-year history of the Hercules open source project, this leaves only T3 as a complainant with a Microsoft connection. I heard that Microsoft is a shareholder of T3 but haven't been able to find out more detail on how much of the company they own. I haven't had any contact with T3 nor with NEON myself. I have no reason to assume that TurboHercules is linked to them.

At the end of the day, my view is that there is a serious problem with IBM's anticompetitive conduct, an antitrust intervention would be justified. A possible Microsoft involvement with one of the three complainants isn't the issue that the European Commission will be interested in. What matters is whether the European economy is harmed by IBM's behavior.

I can't see any negative effects on the mainframe version of GNU/Linux. On the contrary, I have talked to mainframe developers and I have learned that most if not all of the developers of the mainframe port of GNU/Linux use(d) Hercules for their own development and testing purposes, including but not limited to Alan Cox (former Red Hat Fellow, now employed at Intel) and Bernharnd Kaindl (who did the mainframe port of SuSE Linux).

Hercules is available for GNU/Linux as well as Windows.

If there are customers who want to continue to use existing ("legacy") z/OS program code, they are now forced to use IBM hardware and Hercules would give them a choice for some use cases. For possibly porting their applications to GNU/Linux, the switching costs, risks, delays and efforts involved are huge, but the existence and availability of Hercules certainly isn't a factor that would adversely affect anyone's attitude toward ports.

Best regards,

Florian

Comments

Recent Techrights' Posts

Over at Tux Machines...
GNU/Linux news for the past day
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
 
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter
Gemini Links 07/05/2024: Music Spotlight and Network Knobs
Links for the day
Only Weeks After Microsoft Closed Offices and Studios It is Closing Several More (Many Layoffs, Still Deeply Debt-Saddled)
When the sad news writes itself
Bolivarian Republic Of Venezuela: GNU/Linux Reaches 9% (ChromeOS Included)
Venezuela must have lost interest in some American proprietary software when users were locked out of their own data (Adobe) and the costs could no longer be justified
[Video] Microsoft is Like Big Oil, Big Tobacco, and Other Perpetrators of Fear, Uncertainty, Doubt/Fear-mongering
openwashing, Microsoft lobbying, and Microsoft subsidies (e.g. bailouts in the form of 'defence' contracts)
Security & Debian: Urgent: New Feed URLs after another WIPO censorship
Reprinted with permission from Daniel Pocock
World Press Freedom Day: WIPO censors Debian suicide cluster
Reprinted with permission from Daniel Pocock
Gemini Links 07/05/2024: Smashing Windows (Moving to GNU/Linux) and Mastodon Time-wasting
Links for the day
Links 07/05/2024: Pulitzer for Supreme Court Expose, New Threats to Media Reported
Links for the day
Links 07/05/2024: Cheap EVs and Cloudflare Layoffs
Links for the day
Berlin police declined to investigate FSFE Nazi comparisons
Reprinted with permission from Daniel Pocock
[Meme] Communities Governed by Parasitic Elements and Girlfriends (Who Can't Understand Those Communities)
Karen Sandler and Molly de Blanc present at DebConf18
[Meme] You Can't Kill an Idea (or Facts)
Thankfully, in Western societies, there's still due process, rule of law etc. You don't just hire assassins or imprison critics
[Meme] Software in the Public Interest (SPI), Inc, Values Articles of Daniel Pocock at ~$5,000 Each (and Fails to Hide the Facts)
we are laughing, not grieving
IRC Proceedings: Monday, May 06, 2024
IRC logs for Monday, May 06, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] About 2,564 Internet Sites Now at Risk of Hostile Takeover by Microsoft-Sponsored Software in the Public Interest (SPI)
WIPO censors Debian suicide cluster
Links 07/05/2024: Burning Plastic Waste, Facebook Censoring Politicians
Links for the day
Gemini Links 07/05/2024: Smashing Windows (Microsoft Losing Users to GNU/Linux), Sixty Years of BASIC
Links for the day