Get Off IBM’s Back Already!

“The recent attacks on IBM patent use by some in the open-source
community are way out of line.

“First things first, I hate software patents as much as the next
open-source supporter, but the recent claims that IBM has betrayed
open-source with recent patent claims are way over the top. If it
were just one person throwing mud at IBM I wouldn’t bother with
responding to this, but with many other open-source advocates are
jumping with both feet on IBM over the issue, I have to address
it.

“The story starts with open-source developer and political
lobbyist Florian Mueller accusing IBM of breaking its promises to
the FOSS (free and open-source software) community of not using
patents against it . What had raised Mueller’s ire was that a
letter from IBM CTO Mark Anzani to TurboHercules President Roger
Bowler dated March 11, warning that IBM would defend its patents if
TurboHercules used them without permission. TurboHercules sells an
open-source virtualization program that lets users run z/OS and
other mainframe operating systems on AMD, Intel, and other
mainstream processors.

“While Mueller and I usually see eye to eye on patent issues, I
don’t think that an IBM executive sending a letter, not a lawsuit,
over TurboHercules’ possible misuse of up to 173-patents, including
two that are covered by IBM’s patent pledge to open source, rises
to the level of IBM being hypocritical with its patents and open
source. Or, that the European Union should start “Regulatory
intervention against IBM.”

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