Bonum Certa Men Certa

Amid Constitutional Court Barrier, Unitary Patent (UPC) Looks Dead Even to UPC Proponents, the EPO's UPC 'Study' Comes Under Fire

The EPO is paying for so-called 'studies' whose purpose is believed to pressure the court

David PearceSummary: This Thanksgiving Day is spent by Team UPC trying to prop up the UPC even though no progress whatsoever is being made and the EPO's 'study' on the UPC is said to be flawed

TEAM UPC refuses to give up on the zombie known as the UPC. We're already seeing some jokes being thrown around about it. Few in this profession actually believe that the UPC is going anywhere. But Team UPC, having invested a vast amount of time and money in the UPC/A, just cannot let go.



"Few in this profession actually believe that the UPC is going anywhere."Was this post from ealier today published by Bristows? We don't know for sure, but we are guessing so (based on recent anonymous posts which echoed Bristows and linked to Bristows). It was posted anonymously. The post is totally nonsensical. Posted anonymously by someone from Team UPC, it spreads the lie that the "industry" wants the UPC (variant of the "UPC for SMEs" lie). To quote a portion:

Ahead of the meeting of the EU Competitiveness Council, 30 November and 1 December 2017 in Brussels, a group of European companies and associations have sent a letter to EU member states urging them to ratify the Unified Patent Court Agreement and join the Protocol on Provisional Application (PPA) as soon as possible, if they haven’t done so yet.

According to the letter, the Unitary Patent system will ‘encourage investment, spur growth and create new jobs across Europe. The patent reform will substantially contribute to increased European competitiveness.


This post was not accessible this morning because Kluwer Patent Blog was down (yet again) for a long period of time. When we finally managed to read it we just thought, "wow! So much for peer review or quality control at Kluwer!" It's hogwash from headline, to start, to finish. Anyone reading this would be led to believe that Europe is salivating over the UPC (unless one knows better).

"Posted anonymously by someone from Team UPC, it spreads the lie that the "industry" wants the UPC (variant of the "UPC for SMEs" lie)."A similar lie was then pushed by Bristows itself. Edward Nodder from Team UPC/Bristows (a relatively new name whose employer is a chronic liar) wants us to think that UPC has a chance. It's total spin and distortion of the actual situation. The blog says:

Both Germany and the UK have parliamentary approval to ratify; the UK is expected to do so shortly but Germany’s ratification (and consent to the PPA) is on hold due to the challenge brought in its Constitutional Court. Other than Germany, action is needed by two more member states before the provisional application phase can start.


They say "on hold" and they also wrongly assume that the UK would soon follow. Both are false assumptions. Even IAM, which was used as a UPC propaganda tool by the EPO, admits that the UPC is in fatal trouble. Earlier on it wrote: "Where things are with the UPC. Basically, German ratification is on hold thanks to the Constitutional Court case; so the whole project is subject to unknown, perhaps permanent, delay."

Here's that framing again, "on hold," followed by "permanent, delay."

"People are amused by the spin from the likes of IAM and Bristows, whose comments on the UPC are motivated purely by financial agenda."One EPO insider said about it, "how cute," to which I responded: "My dog is not dead, he is just "permanently asleep"" (implying that the UPC -- like the EPO -- is in disarray).

There's more in that thread. People are amused by the spin from the likes of IAM and Bristows, whose comments on the UPC are motivated purely by financial agenda.

David Pearce, a former Kat (of IP Kat) and UPC sceptic, took note of the EPO's new 'study' (corrupting academia for UPC promotion). He -- like many others -- also thinks that EPO's claims are bunk/empty, to put it politely. "I am a bit sceptical about @EPOorg 's claims for 14.6 bn Euro increase in trade if the #UP and #UPC come into force," he wrote. "Seems to rely on dodgy assumption about stronger patent protection leading to greater trade and inward investment. Here's the full report..."

"The thing is, OSS is not compatible with software patents. At all."IAM is meanwhile pushing software patents agenda using "CII" as the euphemism of choice for software patents. This weasel term is not new. The EPO has, for a long time (over a decade), used this misleading term to dodge the rules and break the law. We already wrote many articles about how the UPC would usher software patents into Europe. It's a Trojan horse for plenty of bad things. IAM quotes that what "would be positive, especially for SMEs, is the interplay between open source software (OSS) and patents..."

The thing is, OSS is not compatible with software patents. At all. Surely IAM already knows that. As this one report put it earlier today, Munich's migration to GNU/Linux was "temporarily put on hold while a study investigates whether it could be derailed by software patents." That was just before Europe decided to ban such patents.

Recent Techrights' Posts

Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
Over at Tux Machines...
GNU/Linux news for the past day
 
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
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