Bonum Certa Men Certa

Professor Dr. Maximilian Haedicke on Lack of Separation of Powers at the EPO (Which Dooms UPC)

"Truth is treason in the empire of lies."

Or: Truth is sunshine to the vampires of lies.

Amazing sunlight



Summary: Team UPC ("empire of lies") is catching up with reality; no matter how hard media has attempted to not cover EPO scandals (after the EPO paid and threatened many publishers that tried), it remains very much apparent that EPOnia is like a theocracy that cannot be trusted with anything

WE CAN quite safely assume that most examiners at the European Patent Office (EPO) aren't happy with the direction the Office has taken. Staff surveys have repeatedly shown this (with large margins). António Campinos is just more of Battistelli and they carry on lowering patent quality, based on studies they attempt to suppress. They're meanwhile creating new loopholes/routes to software patenting in Europe and striving to replace 'naughty' European courts (that 'dare' oppose such patents) with something more 'obedient' or complicit. EPO judges are casualties as they're being terrorised to the point where it's dangerous (to one's career) to oppose patent maximalists. Only weeks ago we saw Campinos intervening in favour of software patents. He made remarks about an important upcoming case. Does he not have something better to do (than meddling in legal matters he lacks technical qualifications in)?



"Only weeks ago we saw Campinos intervening in favour of software patents. He made remarks about an important upcoming case."Who's in charge of the EPO? Certainly not the law or judges who enforce/review that law. A politician from France/Portugal calls all the shots. These aren't scientists but politicians! Nontechnical autocrats, people who keep calling patents "property" yet again (they're not property). "You mean patents," I told them last night. They never respond. On they go with joint EUIPO lies (now 3 weeks of that disgraced "IP" 'study', tweeted and retweeted every single day). Pure pseudoscience and an insult to facts.

Should we be surprised that several nations -- not just Germany -- openly oppose the handover of patent courts to EPOnia? Or that scholars issue strongly-worded criticisms when they're not on the EPO's payroll?

"Should we be surprised that several nations -- not just Germany -- openly oppose the handover of patent courts to EPOnia?"Team UPC hardcores (apparently a Brit in Munich) are tweeting (quoting) that "rule of law within the EPOrg are criticised. This question is further explosive against the background of the equally pending constitutional complaint against the Unified Patent System."

Tweets aren't journalism, but this is a translation of a journal. This thread in full says: "Potential impact of G3/19 on DE constitutional complaints; UPC? Prof. Haedicke, GRURInt 2019, 885 on referral G3/19 (from orig German): "This conflict, however, is about much more than the question of the interpretation of A53(b) EPC. It makes it clear that the [EPO President] and the AC seem to have a different understanding of the relationship between the institutions of the EPOrg than the Boards of Appeal. The scope of the judicial control over legislative acts of the AC and the degree to which the AC is bound by the [...] interpretation of the EPC rules by the BoA are controversial. In question is the power of the judiciary to take binding decisions on the interpretation of the EPC which go beyond the individual case. Also affected is the role of the President of the EPO and the system of [...] checks and balances within the EPOrg resulting from the separation of powers.[…] The effects of this dispute thus extend far beyond the concrete question of fact. If the AC were able to change the case law of the Enlarged BoA in order to extend its binding force beyond the [...] individual case, this would enhance the position of the AC, significantly weaken the BoA & strengthen the position of the critics of the EPC to its detriment. The referral may also have consequences for several pending constitutional complaints in which shortcomings in the [...] rule of law within the EPOrg are criticised. This question is further explosive against the background of the equally pending constitutional complaint against the Unified Patent System. It is of great importance to ensure that the relationship between the AC and the BoA [...] complies with principles of the rule of law.”

"It doesn't matter what some lawyers and politicians at the EPO (and around it) say; at the end of the day the issue is now in the hands of judges the EPO does not control (perhaps with the exception of Stephan Harbarth)."The litigation 'industry' refuses to let UPC/Unitary Patent die. Herbert Smith Freehills LLP still mentions it in relation to Brexit (and promoted its take on it earlier this week).

It doesn't matter what some lawyers and politicians at the EPO (and around it) say; at the end of the day the issue is now in the hands of judges the EPO does not control (perhaps with the exception of Stephan Harbarth).

Widespread condemnation or popular uprise won't be possible (as happened with the EU copyright directive) if media refuses to cover it.

Recent Techrights' Posts

Microsoft OSI Uses Its Money to Hire PR Agencies That Spy and Spread Mindless Openwashing of GPL-Violating Microsoft Ploy
`We're under attack. But the attackers smile at us and hire PR firms to spy, mislead etc.
In Nigeria, Africa's (by Far) Largest Population, Microsoft Bing is the 0%
To Microsoft, Africa is just "someplace" to get intensive, hard-working human 'resources' (tech labour) at 2 dollars 'apiece' as in per person per hour
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
 
[Video] Richard Stallman, "I Saw You Playing Your Recorder in Paris" (Due to Proprietary Software Only)
Corporate autocrats do not want counterparts or alternatives to even exist
Five Years After the Extensive Campaign of Defamation Against Richard Stallman He's Still Giving Public Talks
"Richard Stallman will give a talk, in French, Free Software and Freedom in a Digital Society at Centrale Supelec in Saclay, on May 15."
Microsoft Is Rebranding Its 'Chatbot' Search for the Third Time Because It Fails to Gain Adoption
it always means that something has failed - not that they'll openly admit it
Richard Stallman Gives a Talk in Paris Next Week (in French) and It's About Freedom
another talk, which he has only just announced
Pace Up, Distractions Down
We've made our curation process faster and more efficient
In Algeria, GNU/Linux Estimated to Have Grown Tenfold in a Decade
a sharp rise in GNU/Linux usage
[Meme] Red Hat Diversity
Red Hat: don't mention Haghighi
Our Sister Site Turns 20 in Exactly One Month
twentieth anniversary of the site
Corporate Media Focuses on Who's Suing Red Hat, Not What It's Sued For
The unfortunate thing is, anybody who has an opinion on this lawsuit will inevitably be framed as "pro-Trump" or "anti-Trump"
Links 10/05/2024: Many More Microsoft Layoffs on the Way
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 09, 2024
IRC logs for Thursday, May 09, 2024
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
Links 09/05/2024: Journalists in Detention, China Banning Songs or Anthems
Links for the 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
Over at Tux Machines...
GNU/Linux news for the past 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