Bonum Certa Men Certa

You Know That the Unitary Patent (UPC) is in Huge Peril When Its Biggest Fans Admit It's Unlikely to Happen Even Next Year

The long-sought reality distortion field is severely rattled

Unitary Patent expert teams Dr. Ingve Björn Stjerna’s paper on the entryism that helped advance UPC close to ratification



Summary: The tactics of Team UPC turn ugly as they personally target anyone who stands in their way, even a professor/judge who is courageous enough to state the obvious

THE tactics used by Team UPC and the EPO have become uglier. When they don't simply ignore news which they deem inconvenient they attack those whom they don't agree with and disseminate lies instead.



Team UPC is actually too polite a term; they deserve a label like the "UPC cult" because this is how they behave; they also eliminate/crush/delete opposing views. This week we are seeing gently-worded personal attacks or attempts to discredit Professor Siegfried Broß for saying the truth about the UPC. It's stuff like this which reminds us why the UPC complaint was done anonymously. We can envision the sorts of nasty personal attacks which would ensue if the petitioner's/s' name/s became widely known and circulated in the German media.

Thankfully, some parts of Team UPC are giving up on the 'party line'; We at Techrights genuinely think (based on informed analysis) that UPC would very bad for development of software in Europe. British businesses agree, but their collective voice often gets hijacked by a bunch of lawyers who pretend to represent them or their interests. The UPCA was designed by lawyers, it intends to actually harm the industry, and basically enrich these lawyers and their richest clients, which are often not European at all.

IAM 'magazine', which earlier this year spread fake news about Spain (repeatedly in fact, in spite of being constantly debunked), had organised pro-UPC events supported by the EPO and funded by the EPO's PR firm. A change of tune is afoot, however, as this tweet and article from today say that "UPC will not get started in 2017 and don't bet too much on it happening in 2018 either" (or ever!)

To quote:

It’s been a big political week in the UK. On Monday, David Davis, the government minister overseeing the Brexit process, finally had his first formal meeting with Michel Barnier, the chief negotiator for the EU27, so beginning the discussions around the country’s departure from the European Union. Then, yesterday, Parliament was opened by the Queen following the inconclusive 8th June election which saw the ruling Conservative government unexpectedly lose its overall majority and, therefore, the ability to control the narrative around Brexit and other legislative issues. With the clock ticking down to 29th March 2019 – the date when the UK is scheduled to stop being an EU member state – the country has an emasculated leader and no detailed Brexit strategy. It’s a mess.

Although the dysfunctionality at the heart of the UK political system and the trauma of the divorce from the EU is largely an issue for us Brits, it does have implications for any IP owners that hold assets here or might wish to do so in the future. There are now under two years until Brexit occurs and all the uncertainties around IP that existed on the day after Leave won the referendum continue to exist today – with no sign yet of them being solved. This has major implications for enforcement and for validity of rights granted by the EU IP Office, as well as those that will be granted over the course of the next 20 months.


Dr. Birgit Clark‏, a former 'Kat' whom we found reliable (thus far), has meanwhile taken note of a misleading Battistelli puff piece where his lies to the audience got amplified.

Quite rightly, she tagged it #believeitwhenIseeit and in response to this, Dr. Luke McDonagh wrote: "Major errors in this piece: in fact German ratification awaits a constitutional challenge + Italy&Netherlands both want UK's #UPC division"

Obviously it was some kind of fake news and Battistelli had lied to a large audience of scientists.

Look what level the EPO has sunk to...

One comment at IP Kat, left earlier today, took note of the "Interview of Pr Bross in Juve.de on UPC hence Karlsruhe" -- an interview to which Wouter Pors from Team UPC (he remains one of the chief propagandists for Unitary Patent) responded in another comment by shooting the messenger. Here is his comment:

To my understanding, the complaint relating to the ratification of the UPC Agreement is not based on arguments relating to the EPO Boards of Appeal. This means that the remarks of Prof. Bross with regard to the EPO issues are not relevant for this appeal. Further, I completely fail to see how issues with the EPO Boards of Appeal could affect the UPC, which does meet all the standards for an impartial and independent court.

On the other hand, if issues with regard to the EPO, which are brought forward in other complaints to the German Constitutional Court, would be relevant, that would relate to all European patents that cover Germany, not only to Unitary Patents. But still they would not relate to the UPC.

As the IPKat mentions and I have also understood, prof. Bross is involved in such actions on behalf of an applicant.

Wouter Pors Bird & Bird The Hague



Pors was not alone in attacking the messenger. There was "damage control" from the other "deplorables" of UPCA, notably Christopher Weber and his employer. Earlier on he wrote about "Our report and commentary on @juveVerlag_MK's interview with former constitutional judge Broß on the complaint against the #UPC..."

They actually issued a whole post in their official Web site in response to an article. How pathetic is that? Team UPC is currently very afraid of Broß and Mr. Weber wages a battle for his employer (with stakes in the UPC). He also wrote this tweet linking to his employer. They probably try to appease impatient clients to whom the firm gave bad advice regarding the UPC.

Also in Germany we now see this law firm pretending that it's all just "Postponed", even though there is no certainty about the UPC at all. Anywhere! The concluding part states:

According to reports published on 11 June 2017, the German Federal Constitutional Court has requested the Federal President of Germany to refrain from signing the law that is necessary to ratify the Agreement on a Unified Patent Court (UPC). The president has agreed to comply with this request. The president's signing is the last step required for a law to come into force after it has already passed both legislative chambers in Germany.


At 1:30AM? With just 5% of the politicians present? The whole process has been full of mischief and foul play, nefarious tricks, and one might say political corruption. Now they pay the price for what they wrongly assumed nobody would notice.

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