EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

02.10.16

UPC Nepotism, Political Abuses, and UPC Involvement From the Legal Firm That EPO Hired to Bully Techrights

Posted in Europe, Patents at 7:50 am by Dr. Roy Schestowitz

Fieldfisher and UPC

Summary: The Unitary Patent Court (UPC), a rigged system that is being rammed down Europe’s throat by the EPO, its big clients (even foreign), and their patent lawyers laid bear for people to see

There’s a lot of very serious abuse (at least institutional) surrounding the UPC, much like in those ‘trade’ agreements with all the confirmed bribes. The UPC should be at least as scandalous as ACTA or the TPP, but the public is hardly aware of the UPC, there’s no public input on it, and the driving forces behind it typically work behind closed doors (or in private events with high fees to attend and no input from critics).

The UPC is driven not by public demand but by the desire of some parties to essentially loot the public. It’s like legalised theft, or systematic passage of wealth.The EPO has its own lobbyists Brussels and so do EPO allies like Microsoft, which employs Microsoft-connected lobbying groups in Brussels (for software patents in Europe — a goal evidently shared by the Battistelli-led EPO). Does anyone know who funds the front/lobbying group “Fair Standards Alliance”? They don’t say, but we can make guesses.

Curiously enough, yesterday we found out that the legal firm that the EPO hired (i.e. paid) to bully me with legal letters is boosting the UPC right now. Well, another coincidence or alignment/intersection of interests? MIP wrote that in its partially-visible article (behind paywall). “Fieldfisher expand ahead of UPC launch,” it says, and all I know Fieldfisher for is threatening legal letters that it sent me. Articles which highlighted the connection between Microsoft and the EPO is what they threatened me over, repeatedly.

As it turns out, based on yesterday’s tweet from the FFII’s President, the “German Ministry of Justice seems to prepare for UPC ratification, software patents like a letter to the post #swpat #nodebate” (indeed, no public debate at all, same as in the UK).

Patent firms love the UPC because more (and broader) lawsuits mean more income for them. As it turns out, based on input that we received yesterday, there is a lot of nepotism and lobbying in the mix. The German Ministry of Justice is implicated, too. To quote this source of ours:

Roy,

as regards your postings on who will benefit most from a unitary patent and Unified Patent Court, you might want to have a closer look to the article here:

http://www.stjerna.de/index_en_htm_files/The_requirements_of_Article%20118_1_TFEU.pdf

Its sections I. and II. describe a remarkable connection between the German Ministry of Justice and one of the leading German pro-UPC proponents, Prof. Tilmann (http://www.hoganlovells.com/winfried-tilmann/), a preeminent German attorney at Hogan Lovells, one of the leading patent litigation firms in Europe. Tilmann admitted that he had been given confidential court documents by the Ministry of Justice to publicly comment on these in favour of the UPC.

The article also cites a letter sent by his firm to a Committee of the House of Commons in 2012, trying to clarify that Mr Tilmann was not acting on behalf of Hogan Lovells, but was merely providing “his own personal views” – after he had apparently pushed his lobbying for the unitary patent and UPC a little too far. The letter was mentioned on the IPKat (http://ipkitten.blogspot.com/2012/05/when-unity-creates-division-kat-patent.html), it can be downloaded here (https://sites.google.com/site/ipkatreaders/unifiedpatentproposal/hoglove.pdf?attredirects=0&d=1). It is still a good laugh.

Regards

It seems possible that the only reason the European public has not yet scandalised the UPC is the secrecy around it, the lack of understanding (the EPO spends money on pro-UPC propaganda events), and lack of public participation.

We urge all readers, both inside and outside Europe (and inside the EPO or outside the EPO) to antagonise this injustice. The EPO spends a lot of money misleading the public so whistleblowers are needed. One reader told us yesterday: “thank you for tenaciously holding the EPO management to account. I don’t necessarily see eye to eye with you on software patents, but I definitely agree with you on the state of the EPO.”

No two people can agree on everything, but there are overlaps. It is also possible to work for the EPO (e.g. as an examiner) whilst also recognising the problems with the UPC. We strongly encourage readers to send us documents, pointers or any other material we should know about regarding the UPC. EPO management is understandably paranoid about UPC critics (it sees UPC critics even where there are none), as we stressed several times in the past.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. [Meme] RMS Succeeded by a Microsoft Sponsor

    Congratulations to the FSF, which elected a president almost a year after pushing RMS (its founder) out; but questions need to be answered by the new president, who apparently sees nothing wrong reinforcing the Microsoft monopoly, participating in a PR ploy designed to distract from the notorious ICE contract, and even paying Microsoft (as if it deserves the money)



  2. Controlling Your Computing

    "We at least want our software to be free, and for a while, that was possible. We want software to be free again, so let's talk about what made it free, what made it less free, and what could hopefully improve in the future."



  3. User Libre: Free Computing For Everyone, Start With Perfection

    "As the threats to user freedom evolve, so too must the response to those threats. So long as freedom remains the first priority, worthwhile responses will give more power to every user, and keep limits on how much control can be imposed by developers."



  4. IRC Proceedings: Wednesday, August 05, 2020

    IRC logs for Wednesday, August 05, 2020



  5. Release: Search Warrant and Reports on Findings When Bill Gates' Engineer Arrested for Pedophilia

    Readers can finally see all the details about what was taken (portable drives, laptop, desktop etc.) and what was found when a search was executed at the home of Bill Gates' engineer while he was at Bill's house (where he worked regularly); as far as we are aware, the police never searched Bill's house and computers



  6. Links 6/8/2020: FSF Has New Chief, LibreOffice 7.0, Linux App Summit Goes Online

    Links for the day



  7. Links 5/8/2020: Wayfire 0.5 and Plasma Browser Integration

    Links for the day



  8. IRC Proceedings: Tuesday, August 04, 2020

    IRC logs for Tuesday, August 04, 2020



  9. SUSE is Still Pushing Microsoft Proprietary Software and Bragging About the Novell Patent Collusion With Microsoft

    SUSE seems to have learned no lessons after the aftermath of its (or Novell’s) Microsoft patent scam, which had been negotiated partly by Miguel de Icaza (now working directly for Microsoft) before causing Novell to collapse and offload its patents to Microsoft (‘TikTok operandi’ or asset stripping); the past cannot be left behind if SUSE — like Novell — celebrates and perpetuates that past



  10. Release: 29 Pages of Internet Access Report About Pedophile Working for Bill Gates at His Home

    As we’ve found nothing too sensitive in the document, today we’re finally disclosing and publishing the second release (first one published yesterday); this includes network addresses used on the devices of the engineer of Bill Gates, who had a laptop and external hard drives (portable) with plenty of child pornography (imagery and videos)



  11. Links 4/8/2020: Kodachi 7.2, Collabora Office 6.4

    Links for the day



  12. [Meme] Nadella is Doing With Donald Trump What Ballmer Did With Elop and Icahn to Steal Other Companies (Nokia and Yahoo, Respectively)

    The illegal (attempted) confiscation of a Chinese company to distract from or compensate for Microsoft's collapse reminds us that Microsoft is only getting worse and more malicious under Nadella, who is happy to liaise with a hugely corrupt and racist regime



  13. We Don't Really Know How Many People Died With (or From) COVID-19 and How Many Will Die After Home Recovery or Release From Hospital

    The coronavirus pandemic that began last year as an epidemic (COVID-19) is still a very serious problem, even half a year after its widespread arrival in Europe; it's important to emphasise the importance of not down-playing this problem (which is far from solved) because social control media is full of junk



  14. IRC Proceedings: Monday, August 03, 2020

    IRC logs for Monday, August 03, 2020



  15. Release: Police Report About Arrest of Bill Gates Engineer for Pedophilia (Detained at Residence of Bill Gates)

    Today we release 15 pages (amongst almost 3,000 pages we have) about the Jones arrest; this includes details about what happened when the detectives came to the home of Bill Gates



  16. Bill Gates' Personal Engineer Rick Jones is Connected to Other Child Pornographers. One Key Contact Works (or Worked) Indirectly for Microsoft.

    MagicHour listed Microsoft among their clients, as we noted before, and the full (redacted for child porn reasons) name is Brett Paine. We had reached out to the employer (several of us, separately), but we never received any reply.



  17. Links 3/8/2020: Linux 5.8, GNU Linux-libre 5.8, Libinput 1.16, Rust 1.45.2, Julia 1.5

    Links for the day



  18. IRC Proceedings: Sunday, August 02, 2020

    IRC logs for Sunday, August 02, 2020



  19. [Meme] Is It Not a Layoffs Round When You Rebrand It?

    More and more Microsoft layoffs; but the media is hardly interested in reporting those and/or analysing the growing scale of the layoffs (about half a dozen rounds of layoffs this summer alone)



  20. IBM is Already Gutting Red Hat and Firing Employees Without Warning, Jim Whitehurst Isn't Even Using GNU/Linux

    The situation at Red Hat isn’t good, employee morale is very low, and yet — perhaps unsurprisingly — nobody seems to be talking about it (at least not in the mainstream media)



  21. Microsoft Lays Off Many More Workers in the Advertising Division/s and Terminates Products While the Press is Distracted by TikTok Rumours

    Microsoft is laying off a huge number of workers without properly reporting these and whilst exploring ways to divert attention away from those layoffs



  22. Links 2/8/2020: Wine-Staging 5.14, VokoscreenNG 3.0.5

    Links for the day



  23. IBM and the Bomb - Part VI: Diplomacy Replaced With 'Trade' (Money Over Politics), or How Watson Jr. Was Sold to the Public, in the Same Way His Father (IBM Co-founder) Sold His Business Relationship With Dictators Like Hitler

    Sometimes people are led to believe that corporations directly and indirectly run their country; judging by the events of 4 decades ago (IBM chief becoming the American representative in Russia/Soviet Union), this is hardly a new thing and it's not a myth, either



  24. IBM and the Bomb - Part V: Arms Control by Company That Profits From Nuclear Arms? World War II Mistakes Repeated?

    A decade after the end of the deadliest war his father died and two decades later he repeated the same mistake — the error of conflating business with politics, as if maximising revenue would miraculously achieve the best outcome for nations as well



  25. IRC Proceedings: Saturday, August 01, 2020

    IRC logs for Saturday, August 01, 2020



  26. Links 2/8/2020: Nitrux 1.3.1, Debian GNU/Linux 10.5 “Buster” and Wine 5.14 Released

    Links for the day



  27. [Meme] Privilege: When They're Born Into Money That Means They Know Everything About Anything

    Tens of thousands of nuclear weapons were in 'safe hands' because rich kid Tom was representing the United States in Russia (USSR at the time), having proven his skills by being born to the man who had met Hitler and made lots of money in the Third Reich



  28. IBM and the Bomb - Part IV: IBM's Watson Came Under Fire for Representing the U.S. in U.S.S.R./Russia With No Qualifications or Any Relevant Experience

    There was certainly resistance to "Mr. rich man" Watson Jr. becoming a US diplomat owing to privilege (born into the 'right' family) rather than experience and/or political track record, symbolising a sort of "revolving doors" phenomenon -- namely overlap between business and politics, or money and power, respectively



  29. IBM Loves Power (and Nuclear POWER, or Expensive OpenPOWER) More Than It Loves GNU/Linux

    As we noted last week, IBM is very close to Modi because it is moving a lot of its workforce to India and this can become a future liability to IBM’s reputation (or lack thereof) as a tolerant firm



  30. IBM and the Bomb - Part III: IBM's Watson Jr. Rose From Business V.I.P. to U.S. Ambassador in the Soviet Union During the Cold War (Which IBM Profited From)

    Like his father, who was IBM‘s co-founder and later president of the International Chamber of Commerce (ICC), which helped the Nazis, Watson Jr. entered US and international politics in his later days; recently-declassified documents show us his political legacy


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts