11.22.18

Gemini version available ♊︎

Thanksgiving EPO Roundup: UPC Lies, Software Patents Considered Harmful and SUEPO Condemns Union-Busting Activities (Which Carry on Under António Campinos)

Posted in Deception, Europe, Patents at 7:58 pm by Dr. Roy Schestowitz

Minnoye MAGA

Summary: The latest EPO news, including the habitual lies about the Unified Patent Court (UPC) courtesy of those looking to increase litigation rates

TODAY is a relatively calm day (Thanksgiving in the United States), but that does not mean that EPO scandals can be ignored. There are some bits — not necessarily news — that need highlighting today.

First of all, Bristows LLP has just woken up. It wrote a UPC blog post for the first time in several months (they used to write several times per week). It was published at least 4 times throughout the day (different revisions due to their lousy CMS). As usual, Bristows (Gregory Bacon in this case) is maintaining the illusion, lie and fiction that the UPC is about to happen. But no ‘unitary’ patents exist and UPC is basically dead; even Team UPC nearly quit mentioning that (it’s hard to find mentions of it any longer and EPO management almost never utters those words). The final words from Bristows: “The Italian Ministry of Justice announced in 2016 that a local division of the UPC will be in Milan (in an existing court building at via San Barnaba 50).”

Will? Would? In 2016 or thereabouts Bristows also advertised UPC jobs in the UK — jobs that never existed and will never exist. Is that not against the law?

But it wasn’t just Bristows; “Not to be confused with the much delayed Unitary Patent,” Novagraaf wrote some hours ago as if the UPC is “delayed” rather than dead. This help perpetuate those infamous old lies about inevitability. They belittle the court and show disdain for justice.

Speaking of disdain for justice, how about the EPO granting software patents in Europe in defiance of courts, Parliament and the EPC?

The EPO resumed advocacy of this abomination earlier today (as it does every day). By “emerging technologies” the EPO nowadays means abstract software patents (described using much-hyped words and acronyms). The referenced page is all about “AI” and other such buzzwords.

“One easy solution is to outright forbid patents on software,” Benjamin Henrion noted today, citing and quoting Jonathan Rosenberg’s new article titled “Software Patents Considered Harmful” (in Medium).

It’s quite long and here are the opening words:

Friends and relatives who are not in the technology industry always ask me if I’ve ever gotten a patent. For them, a patent has this sheen of accomplishment. They believe it means you invented something, that you are an innovator, that you’ve done something no one has done before. I give a little chuckle, tell them that yes, I have a few patents (I actually have 90 issued U.S. patents), but that it’s not really a big deal, and thank you for asking. In reality, I’m being polite. I don’t want to burst their bubble, nor do I want to launch into a long tirade. Because, the reality is, that patents — and in particular — software patents — are a plague upon the industry. They hamper innovation. They cost companies millions and millions of dollars in frivolous law suits. They waste time and energy from people who just want to build products. They are anathema to the Internet. Software patents are harmful.

Software patents have three key characteristics which have resulted in their harmfulness. They are vague in terms of what is actually invented. They can be passed along as property. You can sue for infringement without making the product to which the patent applies. Lets cover each in turn.

Software patents may be the subject we’ll focus on this weekend in relation to the American system.

Last but not least, Märpel wrote at around 8PM on Thanksgiving, just to share the following item from Tuesday:

RESOLUTION

SUEPO members in Munich, gathered in a General Assembly, note that:
- The President, Mr Campinos has decided to face Elizabeth Hardon, former Chairman of SUEPO Munich and Chair of the Local Staff Committee Munich, with a new disciplinary committee instigated by the same old Administration which is still in place, and apparently with the same old charges.
- The Tribunal has already castigated the Administration’s behaviour in the cases of Ion Brumme (Judgment 4043) and Malika Weaver (Judgment 4042).
- The President did not take into account the instructions contained in the Resolution CA/26/16 dated 16 March 2016 to inform the Administrative Council of any new disciplinary proceedings concerning a staff representative and to consider the possibility of involvement of an external reviewer for arbitration or mediation.

Further noting that:
- Laurent Prunier, as Secretary of SUEPO The Hague and member of the Central Staff Committee, was dismissed for extraneous motives, similarly to Elizabeth, Malika and Ion.
- Staff representatives face difficulties accommodating their workload in the Appeals Committee with the workload in their other duties, mostly patent examination. Judgments 3971 and 4050 made public these difficulties, resulting in disciplinary measures against Aurélien Pétiaud and Michael Lund, which the Tribunal considered “within the range of acceptability” or “not to be disproportionate”. It is now absolutely clear that those disciplinary measures were politically motivated as part of an intimidation campaign against staff representatives.

Expresses its disappointment about the continuation of the attacks initiated by former President, Mr Battistelli.
Expresses its deep concern that the President’s decision will prevent the restoration of social dialogue and further damage the reputation of the Office.

Urges the President:
- to drop the charges raised against Elizabeth Hardon,
- to reinstate Laurent Prunier in full,
- to provide reparation of the torts inflicted on Aurélien Pétiaud and Michael Lund

Munich, Tuesday 20 November

Union-busting activities have arguably exacerbated under António Campinos, who seemingly uses Bergot as his main attack dog. Less than a week ago SUEPO removed a sort of blog post that it had published a day earlier even though Bergot’s name was removed from the cited page. Nobody could ever explain to us whether this removal was due to another threat like the one in summer or in March (we wrote about that several times back then, even in February).

Update: SUEPO resolution voted by the SUEPO General Assembly held in Munich on Tuesday 20.11.2018 (with slight grammar-related edits)

Pressure is increasing on Campinos. The situation at EPO remains utterly negative: Campinos, who was said to be nominated by the Administrative Council because of his alleged proven record of good performance in the field of social partnership at Alicante, has done absolutely nothing concrete since his arrival last July, to redress the situation of the abusively sanctioned staff representatives all union officials (e.g. whilst solving the pending cases and redressing the past ones).

In reality he is protecting Elodie Bergot who as principal director HR at EPO is personally responsible for the social mess of the past five years. Bergot was behind the abusive sanctioning of all staff representatives and SUEPO officials and will do her best to torpedo “amicable settlements” she hates more than anything else.

Campinos is thus not acting bona fide when he on the one hand, claims to EPO staff he wishes to foster “amicable settlements” over litigations, but on the other hand since months, does nothing concretely to find solutions to the few pending cases of abusive sanctions which destroyed the life of those impacted.

The next step should thus be to involve the Administrative Council and the EU Institutions in Brussels to inform them that nothing has changed at the EPO and how within a few months, Mr Campinos seems to develop into a “mini Battistelli”, apparently happy to finish the work of his mentor.

Campinos’ lack of action is not going to improve the deteriorated reputation of the EPO as an employer as long as Rule of Law and the respect for the Duty of Care owed to all EPO staff are not re-established and seen to be re-established.

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Peak Code — Part II: Lost Source

    "Debian and Mozilla played along. They were made “Yeoman Freeholders” in return for rewriting their charters to “work closely with the new Ministry in the interests of all stakeholders” – or some-such vacuous spout… because no one remembers… after that it started."



  2. Links 22/1/2022: Ubuntu MATE 21.10 for GPD Pocket 3, MINISFORUM Preloads GNU/Linux

    Links for the day



  3. Computer Users Should be Operators, But Instead They're Being Operated by Vendors and Governments

    Computers have been turned into hostile black boxes (unlike Blackbox) that distrust the person who purchased them; moreover, from a legislative point of view, encryption (i.e. computer security) is perceived and treated by governments like a threat instead of something imperative — a necessity for society’s empowerment (privacy is about control and people in positions of unjust power want total and complete control)



  4. Peak Code — Part I: Before the Wars

    Article/series by Dr. Andy Farnell: "in the period between 1960 and 2060 people had mistaken what they called "The Internet" for a communications system, when it had in fact been an Ideal and a Battleground all along - the site of the 100 years info-war."



  5. Links 21/1/2022: RISC-V Development Board and Rust 1.58.1

    Links for the day



  6. IRC Proceedings: Thursday, January 20, 2022

    IRC logs for Thursday, January 20, 2022



  7. Gemini Lets You Control the Presentation Layer to Suit Your Own Needs

    In Gemini (or the Web as seen through Gemini clients such as Kristall) the user comes first; it's not sites/capsules that tell the user how pages are presented/rendered, as they decide only on structural/semantic aspects



  8. The Future of Techrights

    Futures are difficult to predict, but our general vision for the years ahead revolves around more community involvement and less (none or decreased) reliance on third parties, especially monopolistic corporations, mostly because they oppress the population via the network and via electronic devices



  9. [Meme] UPC for CJEU

    When you do illegal things and knowingly break the law to get started with a “legal” system you know it’ll end up in tears… or the CJEU



  10. Links 20/1/2022: 'Pluton' Pushback and Red Hat Satellite 6.10.2

    Links for the day



  11. The Web is a Corporate Misinformation/Disinformation Platform, Biased Against Communities, Facts, and Science

    Misinformation/disinformation in so-called 'news' sites is a pandemic which spreads; in the process, the founder of GNU/Linux gets defamed and GNU/Linux itself is described as the problem, not the solution to the actual problems



  12. Links 20/1/2022: McKinsey Openwashing and Stable Kernels

    Links for the day



  13. IRC Proceedings: Wednesday, January 19, 2022

    IRC logs for Wednesday, January 19, 2022



  14. Links 20/1/2022: Linuxfx 11.1 WxDesktop 11.0.3 and FreeIPMI 1.6.9 Released

    Links for the day



  15. Links 19/1/2022: XWayland 22.1 RC1 and OnlyOffice 7.0 Release

    Links for the day



  16. Links 19/1/2022: ArchLabs 2022.01.18 and KDE's 15-Minute Bug Initiative

    Links for the day



  17. When Twitter Protects Abusers and Abuse (and Twitter's Sponsors)

    Twitter is an out-of-control censorship machine and it should be treated accordingly even by those who merely "read" or "follow" Twitter accounts; Twitter is a filter, not a news/media platform or even means of communication



  18. IRC Proceedings: Tuesday, January 18, 2022

    IRC logs for Tuesday, January 18, 2022



  19. Links 19/1/2022: Wine 7.x Era Begins and Istio 1.12.2 is Out

    Links for the day



  20. Another Video IBM Does Not Want You to Watch

    It seems very much possible that IBM (or someone close to IBM) is trying to purge me from Twitter, so let’s examine what they may be trying to distract from. As we put it 2 years ago, "Watson" is a lot more offensive than those supposedly offensive words IBM is working to purge; think about those hundreds of Red Hat workers who are black and were never told about ethnic purges of blacks facilitated by IBM (their new boss).



  21. What IBM Does Not Want You to Watch

    Let's 'Streisand it'...



  22. Good News, Bad News (and Back to Normal)

    When many services are reliant on the integrity of a single, very tiny MicroSD card you're only moments away from 2 days of intensive labour (recovery, investigation, migration, and further coding); we've learned our lessons and took advantage of this incident to upgrade the operating system, double the storage space, even improve the code slightly (for compatibility with newer systems)



  23. Someone Is Very Desperate to Knock My Account Off Twitter

    Many reports against me — some successful — are putting my free speech (and factual statements) at risk



  24. Links 18/1/2022: Deepin 20.4 and Qubes OS 4.1.0 RC4

    Links for the day



  25. Links 18/1/2022: GNOME 42 Alpha and KStars 3.5.7

    Links for the day



  26. IRC Proceedings: Monday, January 17, 2022

    IRC logs for Monday, January 17, 2022



  27. Links 17/1/2022: More Microsoft-Connected FUD Against Linux as Its Share Continues to Fall

    Links for the day



  28. The GUI Challenge

    The latest article from Andy concerns the Command Line Challenge



  29. Links 17/1/2022: digiKam 7.5.0 and GhostBSD 22.01.12 Released

    Links for the day



  30. IRC Proceedings: Sunday, January 16, 2022

    IRC logs for Sunday, January 16, 2022


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