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

11.04.18

Team UPC’s Last Resort: Stacked Panels, Anonymously Belittling the Opposition (e.g. Ingve Björn Stjerna) and Taking Control of the Media

Posted in Deception, Europe, Patents at 4:22 am by Dr. Roy Schestowitz

Summary: With the UPC very unlikely to ever materialise (irrespective of Brexit and the constitutional challenge/complaint in the German Constitutional Court) the gloves come off and Team UPC poses as both sides of the debate, attacks the opposition anonymously, edits Wikipedia heavily, and even resorts to taking roles of ‘reporters’ to spread their message

THE EPO hasn’t been mentioning UP or UPC or UPCA much lately. There’s simply nothing to say really. Team UPC too has been very quiet. Bristows, for instance, has said nothing for a month and a half (it typically reuses a bunch of nonsense and as recently as a year ago it blogged about UPC several times per week). So is the UPC dead? Not yet, but it’s dying. Mischievous tricks are still being attempted.

“This whole session was likely set up by (directly or indirectly) Team UPC to only amplify Team UPC.”Last week we wrote (on Tuesday afternoon) about the Tuesday (morning) hearing regarding UPC. We showed that it was stacked (or had been systematically stuffed) by a group of Team UPC figures. As Benjamin Henrion put it: “UPC critics not invited to the debate in the UK, next time invite some…”

They won’t. This whole session was likely set up by (directly or indirectly) Team UPC to only amplify Team UPC. It’s not a consultation. They don’t care what scientists have to say, they just want litigation. Lots and lots of lawsuits…

When one’s bread and butter is taxing actual scientists the British Parliament needs to be sceptical. Whose interests are being served?

“Next time invite not only lobbyists seeking to destroy the UK using litigation (their business)” was my response to this official tweet about the session. “Tomorrow at 10.45am (GMT),” it said, “EU Committee discusses post-#Brexit #patentlaw and #UnifiedPatentCourt with Stephen Jones, President of @TheCIPA, and Kevin Mooney of @SimmonsLLP…”

Illusion of balance or ‘debate’.

Whatever they mean by “discusses” (in the above tweet); more like being lobbied. Here’s Team UPC promoting this session. Henrion says that “Wikipedia page on UPC has been hacked by the patent industry, no need to mention the critics. But at least one patent attorney admits “Now, in the future, the UPC will decide on the patentability of software patents” https://en.wikipedia.org/wiki/Talk:Unified_Patent_Court#Controversy_Section …”

“They’re like attack dogs and they don’t wish to be held accountable for what they say.”That’s more “software patents by corruption of EPO management and Team UPC (greed of the litigation ‘industry’ for legislative capture),” I responded to him. “It’s time for another legal action against the UPC,” he continued. “Stay tuned #upc software patents #undemocratic …” (we suppose that the constitutional challenge in the German Constitutional Court isn’t the last of its kind unless it suffices).

As we noted last month, Team UPC now uses cloaks of anonymity to discredit UPC critics. They’re like attack dogs and they don’t wish to be held accountable for what they say. A few days ago we noticed that the anonymous writer of Kluwer's UPC blog posts (maybe/usually Bristows) wrote about the latest from Ingve Björn Stjerna (promoted via Twitter). The fact that the pro-UPC Kluwer Patent Blog responded to it anonymously almost a fortnight later (after the paper from Ingve Björn Stjerna) may mean it took it a long time to come up with spin, slant, etc. Team UPC is a bunch of manipulative self-serving bullies who are a tremendous threat to science in Europe. They know it, but they don’t care; all they care about is money (legal bills). There was profound corruption all along, ranging from the political arena to the Office. This is what Kluwer wrote (anonymously, albeit obviously from someone who knows the UPC, hence a Team UPC actor):

The fact that the German Federal Constitutional Court (BVerfG) requested the Bundespräsident not to proceed with ratification of the Unified Patent Court Agreement indicates that the complaint against the UPCA will be admitted for a decision. This is one of the observations of Dr. Ingve Björn Stjerna, the Düsseldorf based IP specialist who is behind the constitutional complaint and who published an article about the case earlier this month.

[...]

More generally spoken, Stjerna has his doubts about the functioning of the BVerfG, whose composition is influenced by political agreements: ‘How independent will be the examination by judges, who are appointed under political considerations, in this legislative project, which was highly desired politically across party lines and passed with positive knowledge of all constitutional problems? Skepticism seems justified. Against the background described above, it would not come as a surprise if the BVerfG made its contribution to the political agenda and waved through the ratification of the UPCA – on time for the “Brexit” talks between the EU and the British government – by the end of November.’

It is surprising that Stjerna apparently thinks the constitutional complaint may be decided as soon as next month. This is contrary to the opinion of many other observers, who think a decision cannot be expected any time soon – and the chances for the Unitary Patent system to launch before the Brexit are zero.

His paper asserts that it’s suspicious Team UPC might already know something about the schedule/outcome; so now they respond to it by shameless projection. JUVE recently confirmed that a decision this year is extremely unlikely.

Regardless of the above, days ago we noticed that “Arty Rajendra Partner and Head of IP Disputes in the UK at Osborne Clarke legal practice” somehow became a journalist and published this article with the following part about UPC (echoing the famous lies):

The Unified Patent Court (UPC) is a new proposed court which will hear disputes related to opted-in European Patents and the newly created Unitary Patent. The current plan is that the UPC will only be open for participation by EU member states. It is still unknown whether the UK will be able to participate after Brexit. The notice considers the possibility that the UPC does not come into force at all, in which case, there are no steps to be taken on exit day.

This actually repeats only one of the two famous lies because it does not assert that UPC is inevitable. Either way, the trade of journalism is dead. Media companies nowadays let lawyers spread their self-serving lies under the guise of ‘analysis’. There’s not even an indirection (like the previous example that we mentioned last week, Law Gazette). The authors are the law firms themselves and it’s merely a marketing opportunity. It is disguised as objective news.

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. Links 19/1/2020: Wine 5.0 RC6, Alpine 3.11.3

    Links for the day



  2. Judges Reject EPO Patents on Life as Constitutional Complaints Against the EPO Pile Up in Germany

    EPO judges throw out patents on life (CRISPR at least); there's now growing hope that they'll have the courage to do the same to patents on software



  3. IRC Proceedings: Saturday, January 18, 2020

    IRC logs for Saturday, January 18, 2020



  4. StartPage (System1) Found New Spin Allies. Some Have Been Offered StartPage Jobs. Some Might Already be Working for StartPage in Secret.

    Pro-StartPage voices appear to be paid (or have been promised pay) by StartPage; the key strategy of StartPage seems to be, attack and betray people's privacy while paying people in particular positions to pretend otherwise



  5. IRC Proceedings: Friday, January 17, 2020

    IRC logs for Friday, January 17, 2020



  6. Links 18/1/2020: Mir 1.7 and GNU Guile 3.0.0

    Links for the day



  7. IRC Proceedings: Thursday, January 16, 2020

    IRC logs for Thursday, January 16, 2020



  8. Links 16/1/2020: Mozilla Layoffs, PinePhone Braveheart Shipping, KDE Plasma 5.18 LTS Reaches Beta

    Links for the day



  9. Microsoft is a Market Leader in Lying and Corruption

    Microsoft is working hard to describe itself as the exact opposite of what it is and what it has been; ‘Internet rot’ helps a lot with this agenda, not to mention control of the media (the narrative)



  10. The European Patent Organisation Continues to 'Piss All Over' Separation of Powers

    The EPO continues to scatter invalid patents (IPs) that are European Patents (EPs) all over Europe and nobody can stop this, not even the judges of the EPO because they lack independence (by their very own admission)



  11. Zealots of Team UPC (Patent Litigation) Now Attacking the Courts and the Judges, Removing Their Mask on the Face of Things...

    The tactics of Team UPC aren't changing, only the shamelessness associated with these tactics is changing (because it looks like the end of days to them)



  12. Microsoft Now Uses or Leverages Software Freedom Against Free Software

    A reader's explanation of what Microsoft is trying to accomplish with its so-called 'embrace' and what steps will come next (how they manifest themselves)



  13. IRC Proceedings: Wednesday, January 15, 2020

    IRC logs for Wednesday, January 15, 2020



  14. Links 15/1/2020: CentOS Linux 8.1, Oracle VirtualBox 6.1.2 and GNU Sed 4.8

    Links for the day



  15. OSI Board at Microsoft: This is How Institutions Die or Completely Lose Their Purpose/Direction

    The photo (or meeting) may mark the turning point of the Openwashing as-a-Standard Initiative (OSI), which less than a year earlier took a bucket of money from Microsoft



  16. IRC Proceedings: Tuesday, January 14, 2020

    IRC logs for Tuesday, January 14, 2020



  17. When Microsoft's Actions Speak for Themselves (About Back Door Access)

    Unwittingly, people are being reminded of the 'special relationship' between Microsoft and the US Army (or government); The back doors or bug doors are still there, even 7 years after Edward Snowden's NSA leaks



  18. Why You -- Yes, You Too -- Should Consider Migrating to GNU/Linux

    The window is closing (and Windows/Vista 7 closing down); the chance to use machines that the users actually control is still there



  19. Can We Please Stop Lying for Microsoft in the Mainstream Media?

    Dishonesty for short-term financial gain (e.g. advertising money) will be a big loss in the long run. There’s a reason why so many news sites perish and Datamation (where I wrote more than a decade ago) now throws away remnants of reputation by spreading a big lie from Microsoft.



  20. It's Only Factual and Truthful to Point Out That About Half of the EPO's Management Committee Are From the President's Nation (and Many Are Underqualified Friends of His)

    The patent-granting extravaganza of what a reader and contributor of ours likes to call "Club Med" will result in great pain (not just for the Office but for Europe as a whole); pointing out who's to blame (the culprits) is an exercise in practicality



  21. Stranger Than Fiction: Team UPC's Mental Condition

    Team UPC's delusions continue to unmask UPC proponents (in 2020) as totally and entirely detached from reality



  22. Links 14/1/2020: IBM Joins LOT Network; X.Org Server 1.20.7, Tails 4.2.2 and Zanshin 0.5.71 Released

    Links for the day



  23. Vista 7 is Dead, Long Live GNU/Linux

    A reminder of Microsoft’s universal “PC tax” ambitions — evidence that the company was never interested in ‘playing nice’ with anybody



  24. Links 14/1/2020: Git v2.25.0 and End of Vista 7

    Links for the day



  25. Systematic Abandonment of the Independence of Judiciary at the EPO (or Collective Amnesia)

    The ‘constitution’ or the convention upon which the EPO is based (known as EPC) is routinely violated and nobody seems to care anymore; the EPO governs itself and conducts itself without as much as a fundamental legal text



  26. They Always Say They Love Linux (and 'the Children')

    Microsoft says it “loves Linux” and the Gates Foundation insists it “loves children” but the real underlying motivations have more to do with monopoly (Windows, Monsanto etc.) and nothing to do with “Linux” or “children” or whatever



  27. The Media's Obligation is Not to Repeat the Lies of EPO Management, But Money Changes Things

    The ridiculous lies about prospects of the Unified Patent Court are now spreading to EPO-friendly publishers — few powerful people to whom truth isn’t valued as much as the customers (their subscribers and sponsors are law firms)



  28. IRC Proceedings: Monday, January 13, 2020

    IRC logs for Monday, January 13, 2020



  29. The FSF and GNU Need a Better Savannah to Attract GitHub Refugees

    Thomas Grzybowski's explanation of why GitHub poses a risk to software freedom and what can be done about it



  30. Links 13/1/2020: Linux Lite 4.8, Linux 5.5 RC6, Corebird Continues as ‘Cawbird’

    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