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

02.28.17

New Survey Shows That Even Patent Professionals Know That Team UPC is Lying About Unitary Patent Roadmaps

Posted in Deception, Europe, Patents at 8:34 am by Dr. Roy Schestowitz

Team UPC is fooling/successfully misleading almost nobody but is still lying to everyone, finds/infers a new WIPR survey

Dave Croston in Financial Director
One example of plenty more fake news about the UPC (e.g. [1, 2, 3]), courtesy of those who stand to profit from legal Armageddon

Summary: The “Unified Patent Court (UPC) is unlikely to become operational by December 2017 [according to] nearly three-quarters of WIPR readers,” but Team UPC continues to spread lies

JUST earlier this month WIPR published the results of a survey about the UPC, which emboldened us and reinforced our predictions. See our post titled “New WIPR Survey and Other Data Points Suggest That the Unitary Patent (UPC) is Dead, at Least in the UK“.

“…it’s time MPs talked about it, understood it and explained it – too important not to be publicly scrutinised…”
      –David Brooke
I spoke to someone from WIPR today (David Brooke). He said that he would “hardly think any MPs know what the upc is – pro or anti Brexit. not even sure carswell does either…”

“It’s not simple to explain,” I told him, and he agreed, adding that “it’s time MPs talked about it, understood it and explained it – too important not to be publicly scrutinised…”

Max Walters‏, another frequent writer on the matter (not a patent practitioner, but one with profound understanding of the subject) weighed in and said: “They know that it can involve the CJEU. For some that should be enough…”

He also said: “How can it be ratified without a vote?”

“They know that it can involve the CJEU. For some that should be enough…”
      –Max Walters‏
“The concern is,” I explained, “people who vote might know nothing about it except what CIPA (front group) says [...] that it’s good for SMEs yada yada…” (that’s a famous lie about the UPC).

Walters‏ then asked: “Didn’t the IP Bill also give the sec of state power to ratify?”

FFII is currently trying to figure out the process and we are speaking with them about it.

Days ago Walters‏ wrote (adding a screenshot): “Still no MPs declaring support for Douglas Carswell’s anti #UPC motion. Have to say I’m somewhat surprised by this…”

“They try to disseminate mere belief (false belief) that the UPC is unstoppable (just a matter of time), inevitable (a question of when, not if), and even desirable.”“Not surprising given that they’re not aware of what #upc does,” I told him, “how patent law works, and #cipa lies to them…”

We still have some time to explain this to them. In a new survey, just published at the end of February, it is made abundantly apparent that WIPR’s audience — probably patent professionals in the UK for the most part — is agreeing with what surveys previously showed. People in the profession don’t swallow all the lies of Team UPC, which is just lying through its teeth with fake news in order to bamboozle politicians into a Unitary Patent hop. They try to disseminate mere belief (false belief) that the UPC is unstoppable (just a matter of time), inevitable (a question of when, not if), and even desirable. Here is what the new survey says:

The Unified Patent Court (UPC) is unlikely to become operational by December 2017, as predicted, according to nearly three-quarters of WIPR readers.

In January, WIPR reported that the UPC preparatory committee announced that the court can become operational in December this year.

And one reader said: “I have confidence that the UPC will be operational in December but uncertainties related to Brexit diminish its use.”

But most readers weren’t quite as optimistic. One major spanner in the works, they said, is Brexit.

UK Prime Minister Theresa May’s Brexit speech in January sparked concerns that the UK may seek to leave the UPC after Brexit.

“We do not seek to hold on to bits of membership as we leave,” said May, setting out a 12-step plan that the UK government will use for negotiating Brexit terms.

A question less loaded would not presume that it’s just a matter of time. It might never happen at all. Most WIPR readers previously said so.

“A question less loaded would not presume that it’s just a matter of time. It might never happen at all. Most WIPR readers previously said so.”What does Team UPC do and say in the mean time? Have a look at Bristows with its villainous lobbying blog. It says “The Unified Patent Court is still on track to open in December 2017.”

That’s a lie. But keep repeating it, Bristows, and maybe some gullible politicians will actually believe you. Bristows is a truly nasty firm and anyone seeking an honest advice from them would be well advised to avoid.

“Imagine what would happen if we empowered and equipped large (often foreign) firms with injunctions Europe-wide.”The only thing the UPC would bring to Europe (and the UK, if it ever miraculously passes and pervades) is patent trolls, more patent litigation, higher damages, and more patent injunctions. The London-based IAM would certainly love it; it even got paid to promote the UPC!

Imagine what would happen if we empowered and equipped large (often foreign) firms with injunctions Europe-wide. Imagine no more!

There are patent raids in Europe and IAM seems rather thrilled about it [1, 2]. The Mobile World Congress was supposed to be all fun and showcases (a couple of days ago), but instead there are raids to come. IAM wrote: “Barcelona court orders seizure of phones at Mobile World Congress over possible infringement of Fractus patent. [...] Phones were being displayed at the event by French and Chinese companies. Fractus applied for the order last week.”

“It’s not hard to see who such a system is desirable to as SMEs rarely operate in more than one nation anyway.”That’s a case of “I steal all your phones, because I allege you infringe some patents (in a rush, hardly a chance for defense!).”

Laws for the rich and powerful? That’s UPC. And the above new story is a cautionary tale. Imagine what patent trolls would do with such powers; one ruling in one European city would be applicable not just in the EU but also beyond! It’s not hard to see who such a system is desirable to as SMEs rarely operate in more than one nation anyway.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

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. Some Patent Attorneys Dislike Techrights Not Because It's Wrong But Because Software Patents Are Wrong (and Sometimes Illegal)

    Odd rants which misuse common law and ignore alleged Fair Use (and misinterpretation of copyright law, for censorship purposes) would have people believe that we're wrong; but it's more likely that the person in question is jealous, insecure, or offended by our stance on patent scope, which is very much rooted in the law itself (and the views widely held by software developers globally)



  2. Guarding and Rescuing the FSF Titanic: Distro-libre and feature-schema

    "Every time a distro does not suit a user's purposes, and it is less work to adapt the distro on one's own than to affect the distro in any other way, a distro is born."



  3. Links 21/8/2019: Dell's XPS 13, Mesa 19.2 RC1, Librem Update

    Links for the day



  4. Links 21/8/2019: Open Source POWER, Alpine 3.10.2, Netrunner 19.08

    Links for the day



  5. Edward as a Nodder to Team UPC Kool-Aid

    Bristows LLP is at it again and it's getting pathetic, not just dishonest as usual



  6. Guest Post: António Campinos' European Patent Office Redefines Modern Slavery in the Heart of Europe in 2019

    The European Patent Office’s (EPO) President António Campinos — like his predecessor Battistelli — emulates Chinese labour practices



  7. Guarding and Rescuing the FSF Titanic: There is More Than One Iceberg Ahead

    "This strategy is not far from when Microsoft talked about "de-commoditizing protocols" in the late 90s, as part of their plans to control, dominate, and end Open Source and Free software."



  8. EPO Cannot Handle Patent Justice With a Backlog of About 10,000 Cases at the Boards of Appeal

    The EPO's long war on judges and on the law has proven to be costly; it's difficult to pretend that the EPO functions like a first-world legal framework



  9. The European Patent Office Increases Surveillance: Can't Get Food Without Being Spied on

    The infamous "War on Cash" has been 'won' at Europe's second-largest institution, where people's diet can now be monitored and indefinitely retained on the system



  10. To GNU/Linux, the Operating System, GAFAM (Google, Apple, Facebook, Amazon, Microsoft) is Not the Threat. Microsoft is.

    Don't let Microsoft get away with its bogus narration; GNU/Linux is primarily under attack from Microsoft, whereas Software Freedom in general is under attack from many directions



  11. The Free Software Foundation (FSF) Has the Full Support of Techrights

    Our support for the FSF is strong enough that we want to occasionally suggest improvements; there are growing frictions designed to isolate the FSF and cause self-restraint/censorship



  12. Why We Support Phoronix (Whereas Some Others Do Not)

    Some people try to characterise Michael Larabel as the 'bad boy' of Linux even though Michael is probably the hardest working Linux journalist out there



  13. Guarding and Rescuing the FSF Titanic: The Simplest Ways that AI will Change Computing

    "AI is already used to help kill people. We should be cautious, and know that the best rules we come up with (like no doing magic outside the school grounds) won't be followed all the time."



  14. Links 20/8/2019: DragonFlyBSD Developing DSynth

    Links for the day



  15. Guarding and Rescuing the FSF Titanic: Narcissism in The Community

    "Narcissists are drawn to intelligent people. They take great pleasure in attacking, controlling and defeating intelligent people because it makes them feel smarter and more important."



  16. Breaking the Law Has Become the Norm at the European Patent Office

    The European Patent Office’s ongoing practice of destroying critics/whistleblowers and crushing unions, judges, examiners etc. — as well as threats and bribery of the media — ultimately mean a perpetual state of lawlessness that, if it prevails, will let patent trolls raid the European economy and stall innovation



  17. Links 20/8/2019: KMyMoney 5.0.6, Kdenlive 19.08

    Links for the day



  18. Guarding and Rescuing the FSF Titanic: Free Software in Education

    "If everyone learns to code, then everyone gains some understanding of how to code in other languages."



  19. Links 19/8/2019: Another Linux 5.3 RC, OpenSUSE's Richard Brown Steps Down, Slackware Creates Patreon Page, Qt 6 Initiated

    Links for the day



  20. Speaking Truth to Monopolies (or How to Write Guest Posts in Techrights)

    We need to have more articles tackling the passage of all power — especially when it comes to software — to few large monopolies that disregard human rights or actively participate in their abolishment in the digital realm



  21. Guarding and Rescuing the FSF Titanic: Free as in Speech

    "While a new breed of so-called anarchists campaign against expression that even the state allows, people are also foolishly overplaying the relevance of the state to free speech issues -- as if it's not a freedom issue when a project is increasingly thought-policed, because the thought-policing isn't on a state level."



  22. Toxic Culture at Microsoft

    Racism, intolerance, sexism and bullying are rampant at Microsoft; but Microsoft would rather deflect/divert/sidetrack to Google and so-called 'GAFA'



  23. Guarding and Rescuing the FSF Titanic: Introduction

    "The FSF isn't just threatened, it will hit a large iceberg in the future that changes it permanently."



  24. Linux Journal and Linux.com Should Have Been Kept Going

    There's apparently no good explanation for the effective shutdown of Linux Journal and Linux.com; London Trust Media Holdings (LTMH), owner of Linux Journal, saw numbers improving and the Linux Foundation, steward of Linux.com, is loaded with money



  25. 2019 Microsoft Glossary

    How Microsoft internally interprets words that it is saying to the public and to the press



  26. 2019 Surveillance Glossary

    Distortion of technical and nontechnical terms in this day and age of '1984'



  27. Openwashing Report: It's Getting Worse, Fast. Everything is Apparently 'Open' Now Even Though It's Actually Proprietary.

    The latest examples (this past week's) of openwashing in the media, ranging from 5G to surveillance



  28. GitHub is a Dagger Inside Free/Open Source Software (FOSS); This is Why Microsoft Bought It

    A year later it seems pretty evident that Microsoft doesn’t like FOSS but is merely trying to control it, e.g. by buying millions of FOSS projects/repositories at the platform level (the above is what the Linux Foundation‘s Jim Zemlin said to Microsoft at their event while antitrust regulators were still assessing the proposed takeover)



  29. Microsoft Grows Within and Eats You From the Inside

    Microsoft entryism and other subversive tactics continue to threaten and sometimes successfully undermine the competition; Microsoft is nowadays doing that to core projects in the Free/Open Source software world



  30. Links 18/8/2019: New KNOPPIX and Emmabuntus Released

    Links for the day


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