Bonum Certa Men Certa

The Fiction That Spain (or Italy) Can Salvage the UPC

Spanish bullfight



Summary: The proponents/lobbyists of the Unified Patent Court (UPC), firms that make money from patent litigation (we collectively call these "Team UPC"), are nowadays backpedaling, having come to grips with the death of the UPC, realising it's time to save face by pretending everything they said in the past wasn't a lie

THE NEW year is well underway, but the European Patent Office (EPO) has said nothing about the UPC. Team UPC has not apologised for misleading the public with fabricated rumours, either. Days ago we noticed that Bristows corrected at least 3 errors in its latest blog post, dated late December. These people know they're lying, but they try to save face and retain some level of credibility. Bristows uses an arcane CMS that reveals when they make edits, so we compared/assessed the latest edits using Google Cache. It's quite revealing.



"Bristows uses an arcane CMS that reveals when they make edits, so we compared/assessed the latest edits using Google Cache. It's quite revealing."Anyway, no ratification in 2018. Not even close. What will be the next talking point then?

DLA Piper's Gualtiero Luca Dragotti has just mentioned the UPC in relation to Italy; these people hope that Milan can just magically replace London and suddenly make UPC possible. But the UPC is dead. Team UPC needs to move on. "Unitary Patent" and anything predating it (other names for the same thing) was all along a zombie and nowadays it is a failure, as even its paid media cheerleaders finally admit. They had spent years lying about Spain, spreading what many nowadays call "fake news". These cheerleaders (IAM) try to save face by belatedly admitting that UPC is dead.

"Guess who else is trying to save face: Kluwer.""UPC Tracker", a Twitter account dedicated (for years) to Unified Patent Court propaganda, is also late to admit (or quote): "Saying that the UK can still be a member of the UPC Agreement because it was an EU member at the beginning of the negotiations – even though it is not an EU member anymore – is, in my humble opinion, complete nonsense. Law doesn€´t work like that."

Guess who else is trying to save face: Kluwer. "Deal or no deal," they've repeated the headline in Twitter, the "UK cannot stay in the Unitary Patent system post-Brexit," based on "Kluwer Patent blogger," quoting some UPC proponent from Spain; he's now promoting two lies or fictions: 1) that 'unitary' patents are inevitable and 2) that there's will in Spain to make it happen. From this article/interview (more like a pro-UPC puff piece in dialogue form):

I€´m not sure what Spain would do in such a scenario. The translation issue has not been solved yet and it does not look like there will be an acceptable solution for Spain any time soon. Furthermore, litigation is also an issue and might even clash with the Spanish Constitution and what it says about jurisdiction concerning intellectual property rights. The Spanish Constitution could of course be changed, but as said before, given the current political situation in my country, I don€´t see the Parliament opening the Pandora€´s box of our Constitution because of a patent matter. However, this whole issue is of course a political battle and, as such, it may have very easy solutions that we may not be thinking of right now, such as increasing agriculture aids; new fisheries agreements or Gibraltar. Who knows.’


Fictional nonsense, to put it relatively politely. So their latest strategy might be to pretend that Spain will "save the (their) day..."

"This relates to the issues associated with legal proceedings in a foreign language -- one of several Constitution-violating issues raised EU-wide."The sole comment so far (made it past the blog's censorship of UPC critics) is from Jan Van Hoey, who rebuts one aspect among many when he says: "Automated translation is discriminatory anyway. There are 2 kinds of people: those who can rely on legally binding laws, and the ones who have to rely on non-legally binding automated translations."

This relates to the issues associated with legal proceedings in a foreign language -- one of several Constitution-violating issues raised EU-wide. Can the defendant be accused, sued and then 'convicted' in some court he or she cannot even understand? This redefines the whole concept and theory of the Rule of Law.

The UPC was never meant to be. The fact that it managed to get as far as it has should be seen as extraordinary and it serves to highlight how ripe the political system is to overt corruption (by law firms in this case).

Recent Techrights' Posts

This New Determination on a Case Echoes the Modus Operandi of Microsoft's Serial Strangler vs Techrights (Its Online Decision/Judgment Says Truth and Public Interest Defend the Publisher)
Noel Anthony Clarke hopefully has enough money left to pay his victims, which include the publishers
 
Richard Stallman (RMS) Was Right About "Sideloading" in 1996
We now have computers that treat booting GNU/Linux like an act of "Sideloading"
Panama: Windows Down From 97% "Market Share" to Less Than 30%
In 2009, Windows was measured at 97.24% (compared to 62.32% right now or less than 30% if one also counts Android)
The UEFI 9/11 - Part I - Introduction to Impending Catastrophe (Microsoft Preventing People From Booting Non-Windows Systems)
eight-part series
Why Techrights is Slow Today (Bot Floods)
We don't know if those bots are connected to LLMs (we have not checked), but that is a possibility
Slopwatch: DDoS Slop, LinuxBSDos.com Spam, and Slopfarms in Google News, Including webpronews.com
Among the news we also found fakes, albeit not so much today
Links 26/08/2025: "Ballooning Debt" in France and "Transnational Repression in the UK"
Links for the day
Gemini Links 26/08/2025: Listening to Alcest and Google Doing Evil (Users Installing Software is "Sideloading" and Prohibited)
Links for the day
Links 26/08/2025: DNS Tampering and TikTok Layoffs
Links for the day
Microsoft's Windows "Market Share" Overestimated
Microsoft's income sources are shrinking
We Shall See...
My wife and I are hardly the first victims of Brett Wilson LLP
Going Offline
There was life before the Net
The Register MS Has Apparently Shut Down Its Office
It is basically a fake address on the face of it
There Are Also Expectations of IBM Layoffs Very Soon With "Narrative Control."
Some of them mention Red Hat and how IBM failed to achieve anything substantial with that acquisition
After at Least Two Rounds of Mass Layoffs in August Microsoft Said to Have "September Layoff Confirmed - Performance Based"
Those "M5 level meetings" sound plausible
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 25, 2025
IRC logs for Monday, August 25, 2025
Slopwatch: Slopfarms All Over Google News and Real News Sites Pushed Out of Visibility
Google News is dying (as a tool of value)
Gemini Links 25/08/2025: Numeric-only VM and Alhena 5.3.0
Links for the day
Links 25/08/2025: ‘Panama Playlists’ and Live Nation/Ticketmaster Suit Aims at Class Action
Links for the day
Gemini Links 25/08/2025: Empathy Towards Autistic People and Old Gadgets
Links for the day
Links 25/08/2025: Datacentres Versus Water Supplies and "The IPv6 Divide"
Links for the day
Links 25/08/2025: Data Breaches, Politics, and Financial Strain
Links for the day
GNU/Linux Distros Ought to Replace Firefox (and Firefox ESR) With Something Like LibreWolf
Perhaps it's come to replace Firefox
Father of Julian Assange Said the US Government Was Trying to Bankrupt WikiLeaks, Now the Assange Family Promotes Fake Currencies
Using the name for bad purposes?
Bailing Out GAFAM, Giving Taxpayers' Money to Failing Companies, and Trying to Outlaw Lawsuits Against Them
What would the late Lincoln have said?
Software Freedom Conservancy (SFC) Inc. Lost 2 Million Dollars Last Year and Its Chief Took a Salary Increase of Almost $6,000
Another year or two like this... and the SFC will be bankrupt [...] Hallmark of mismanagement
The "New Techrights" Turns Two Very Soon
Accomplishing something each year is what's important, not merely "finishing" another year
Gulf Nations Leave Microsoft Behind
How much lower will Microsoft stoop in an effort to raise money from oil-rich lenders?
How to Combat IRC Trolls (in Our Experience)
Today I want to share my experience (or knowledge) of how to deal with IRC trolls
The Register MS Needs to Stop Participating in the "Hey Hi" (AI) Hype, But It Gets Paid to Participate in This Hype
the publisher (The Register MS) wants to have it both ways
Gemini Links 24/08/2025: Living With Your Parents, Zürich Zoo, and Macondo
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 24, 2025
IRC logs for Sunday, August 24, 2025
Gemini Links 24/08/2025: Signal on OpenBSD and Keyboard Layouts Compared
Links for the day
Men Who Abuse Women Should Never Spend Over 3 Years of the UK High Court's Time
This demonstrates that we need a reform in the UK
Links 24/08/2025: Microsoft Settles Data Breach Lawsuits and Climate Change Causes Heatwaves, Water Shortages
Links for the day
CachyOS is Rising Fast, But Slopfarms Are 'Googlebombing' It
CachyOS receives more media attention
No Reason for Red Hat Relief Yet (Layoff Rumours)
the execution could be stalled, delayed, or scheduled for some time after people come back from holiday
GNU/Linux 6%, Windows 60% in Venezuela, Suggests statCounter
The cash cows are dying
Mass Layoffs Continue at Microsoft This Month (Remaining Workers See Conditions That Deteriorate)
So far this month (one week remaining) we saw at least two waves of layoffs at Microsoft
How SPAM E-mails With Windows-Centric Files Get Twisted as Linux Threats, Then Slopfarms Spread the Word
Fear, Uncertainty, Doubt/Fear-mongering/Dramatisation
Links 24/08/2025: Heatwaves Threaten Workers, Maldives Versus Press freedom
Links for the day
Gemini Links 24/08/2025: Digital Cameras and Printers
Links for the day
Links 24/08/2025: GAFAM Lie About Pollution and Slop's Carbon Footprint, The Guardian Says Slop ("Hey Hi") is a Bubble That Will Send Stock Markets Into a Freefall
Links for the day
80% of the Sponsored (Fake) Articles in The Register MS Are Promotions of Ponzi Schemes (Unethical Money), the Rest is Banned Chinese Business
Is that an ethical way to make money? No.
The UEFI Restricted Boot 'Time Bomb' is About to Go Off in a Few Weeks
Garrett was the first person to face sanctions (like muting) in our IRC channels because of his abuse; worse yet, he hijacked other people's names and then locked them out of their own accounts
Should Currys PCWorld Start Voiding Warranties of Users of Vista 11?
If a person's laptop has a mechanical issue, should this person replace GNU/Linux with Vista 11 for the repair shop? Only to damage the SSD?
Newer is Not Always Better, and It's Possible That 'Peak' is the Past
People creating their own platforms means progress, whereas centralisation (like moving from blogs to social control media) is the opposite of progress
LLM Hype is Sowing Destruction: It Contributes to DDoS Attacks and Makes the Web Less Accessible (JavaScript "R U Human?" Tests)
If it was googlebot, it would be possible to argue that you'd at least then get referral traffic from Google Search. With LLMs, all you get is plagiarised.
Links 24/08/2025: New York Times Talks About Hey Hi (AI) Bubble
Links for the day
Gemini Links 24/08/2025: Upgrading Debian and Mobile-indifferent Design
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 23, 2025
IRC logs for Saturday, August 23, 2025