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

After Softpedia Pushed Out Its Linux News Editor - and Effectively Killed the Linux Section - it Killed the Whole News Section (Altogether)
So they've killed Linux coverage, then their whole "news" section died
Cybersecurity is a structural not behavioural problem.
Reprinted with permission from Cyber|Show
 
The Media Finally Admits (on a Regular Basis) That LLMs Suck
They could not replace medical doctors, teachers, lawyers etc.
Why We're Taking Things Up a Notch
Expect about 20 articles a day this year
Sites That Cover WSL Are Helping Microsoft's Attack on GNU/Linux
Calling out the typical culprits
Plans for June
We'll try to publish Daily Links every time we have enough of these
The War on Free Software Reporters - Part III - Doxing and LARPing
LARPing is an issue I've had to deal with for nearly 20 years
Links 01/06/2024: Ukraine Updates, MongoDB Collapses
Links for the day
Gemini Links 01/06/2024: MNT Pocket Reform, Gemini and Content Length
Links for the day
Links 01/06/2024: WeblogPoMo2024, Pentagon’s Increasing Reliance on (i.e. Bailouts to) Microsoft
Links for the day
Twitter is (in Many Ways) Already Dead
Put an 'X' on it
Posts About Free Software, BSD, and GNU/Linux
Focus shifts have occasionally been discussed here over the years
Their Goal is Control, Not Security (and Their Staff Advocates Fake Security or Pricey Gimmicks That Disempower the Users)
Those companies just want control, or simply domination over users (and their computers)
[Meme] The Lowest Standards of Security
No need for any qualifications
IRC Proceedings: Friday, May 31, 2024
IRC logs for Friday, May 31, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Free Software is the Future, Open Source is Just Openwashing (Proprietary With a False Marketing Twist)
Also see postopen.org
Society Has Been Destabilised by Social Control Networks
Is it time to get rid of them, if not by sanctions/bans then simply by popular boycotts?
Gemini Turns 5 This Month
As long as Geminispace exists and is accessed by enough people, Gemini Protocol will continue to matter
Links 01/06/2024: More Crackdowns in Hong Kong, Street Named After Navalny
Links for the day
The War on Free Software Reporters - Part II - Antisocial Mobs
how various GNU/Linux bloggers got "canceled" over the years
Microsoft's Share of Physical Web Servers Fell From 9.14% to 9.04% in One Month
What's interesting to us is how Microsoft continues moving down in everything measured
Links 31/05/2024: Escalations in Ukraine and Russia, National Reporter's Shield Law in US
Links for the day
Links 31/05/2024: Generating and Using Identifiers, Why Unicode
Links for the day
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: In Summary
Some high-profile examples of defamation include Linus Torvalds, Richard Stallman...
[Meme] Never "Missing Out" in FOSS Conferences
The sexists who objectify women and bully women are going to FOSS events in pursuit of sex, according to themselves
Racism, Ageism, and Ableism at IBM/Red Hat and Kyndryl
IBM's Kyndryl is now accused of "racial, age, disability discrimination"
The War on Free Software Reporters - Part I - Why Techrights Cannot be Censored (and Won't be Censored)
Microsoft remains by far the biggest culprit
In Spite of Boot-locking (Trying to Make It Hard If Not Impossible to Install BSDs and GNU/Linux on New PCs) Microsoft's Grip is Rapidly Slipping
Escaping the Microsoft prison
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 30, 2024
IRC logs for Thursday, May 30, 2024
Microsoft's Problem in Puerto Rico
Notice how much Windows has fallen
Gemini Links 31/05/2024: MNT Pocket Reform and Benben v0.5.0
Links for the day
"I once preached peaceful coexistence with Windows. You may laugh at my expense -- I deserve it." -Be's CEO Jean-Louis Gassée
Execution of Red Hat: But I helped promote Azure and .NET
In Many Countries Vista 11's Market Share Goes Down, Not Up (Even Microsoft-Funded Mainstream Media Admits This)
More people are moving to GNU/Linux
10 More Days
Tux Machines turns 20.
[Meme] Meeting People on 'Dating Apps'
On the Internet, nobody knows you're a dog until you bark
The Campaign to 'End' Richard Stallman - Part IV - The Legitimate Concerns
So at least we now know why the FSF does not mention public talks
Links 30/05/2024: Public Domain and Kangaroo Courts
Links for the day
Canonical Works for Microsoft
Where are the antitrust regulators or CMA?
Links 30/05/2024: Microsoft Layoffs Back in Headlines, RISC-V and Standards
Links for the day
Gemini Links 30/05/2024: A Lonely Friend and Deletion of Old Posts
Links for the day
[Meme] 10 Years Down the New Career System (NCS) and What it Did to Our Collegiality
New from SUEPO, the staff union of the EPO
[Chart] Chromebooks in Micronesia Grew at the Expense of Microsoft Windows
As of today...
Angola: Microsoft Windows Down From 98% to 12%
Africa is "lost territory" for Microsoft colonialism
No News Drought in Techrights
Leaving my job after almost 12 years also contributes to available time for research and publication
A 3-Year Campaign to Coerce/Intimidate Us Into Censorship: Targeting My Wife
In my view, it is a form of overt sexism
Death Valley
The truth can be twisted
[Meme] UEFI 'Secure' Boot's Model of Security
Lion cage with people
Climbing a Tall Mountain for 2 Decades
In Web terms, 20 years is a very long time. Very few sites (or a small proportion of the whole) make it to 20.
If You're Going to Concern-Troll "Linux" Make Sure You Actually Use It (Or Tried It)
Concern-trolling has long been a key ingredient of GNU/Linux Fear, Uncertainty, and Doubt
The Serial Strangler From Microsoft is About to Be Served Court Papers
You can run, but you cannot hide
The Campaign to 'End' Richard Stallman - Part III - The Reddit Mob (Social Control Media Controlled, Steered or Commandeered by Wall Street)
This is totally reminiscent of what authoritarian regimes do
Caged by Microsoft
Are you telling me that preventing people from booting their Linux is security?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 29, 2024
IRC logs for Wednesday, May 29, 2024