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

FOSDEM is Called "FOSDEM" Because of Richard Stallman (RMS)
The overlap there seems timely; yesterday RMS spoke in French-speaking (in part) Switzerland where questions in French were accepted
January 20: Richard Stallman Talk in Europe
evening time in Europe, around midday in the United States and Canada
Slopwatch: Too Lazy to Write Real Articles, Offloading to Chatbots Instead (LLM Slop About "Linux")
The Web was already full of garbage before the LLM frenzy. Now it's even worse.
RMS 'Inauguration' in Montpellier (Government Administration) on January 20th
Happy hacking
 
Links 18/01/2025: Restoring the Great Wall of China and Economic Expansion in China
Links for the day
Guardian Digital (linuxsecurity.com) is Spamming the Web With Microsoft's Promotional LLM Slop About UEFI 'Secure' Boot (Which is Against Real Security)
This is an attack on honest journalism
Links 18/01/2025: TikTok's Endgame, "Car Freedom", and Spying in Cars 'Fines' GM (Settlement)
Links for the day
Links 18/01/2025: Apple Getting Out of Hey Hi (AI) Slop (Too Much Misinformation), Chaffbots/Chatbots Try to Settle Copyright Infringement Lawsuits
Links for the day
What Fake News Sites Are Doing to GNU/Linux
The LLM slop about Linux serves two purposes
Links 18/01/2025: Microsofters Upset at Microsoft's Ridiculous Rebrands (Excuse for Massive Price Hikes), Chaffbot Company ('Open'AI) Faces More Lawsuits
Links for the day
Gemini Links 18/01/2025: Surge in Illnesses, ctags, and Gemsync
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 17, 2025
IRC logs for Friday, January 17, 2025
Even Technical Articles and HowTos From UNIXMen Nowadays Seem to be LLM Slop
We've just permanently removed the RSS feed of UNIXMen
The FSF's 2024 End-of-Year Fundraiser Succeeds: Over $400k to Support Software Freedom
That's worth bringing up again because the SFC is trying to 'crash' this achievement of the FSF
[Meme] Fentanylware (TikTok) Banned in the United States, Next Up European Union (EU)
And the United Kingdom (UK)
President Biden is Right, "Free Press is Crumbling" and the United States Exports Its Media-Hostile Culture to Other Continents
perhaps Biden should pay closer attention to how Donald Trump-inspired Americans take their battles to other continents
Links 17/01/2025: TikTok Banned by the United Stated (SCOTUS Rejects Appeal)
Links for the day
Software Freedom Conservancy Inc (SFC) Makes It Obvious It's Just a Copycat Trying to Exploit or Leech Off the FSF's (and GNU's) Work
They swim next to the rich people (who "match")
Links 17/01/2025: Fentanylware (TikTok) Herds Its (Drug) Users Into Even More Harmful "Apps"
Links for the day
Guardian Digital, Inc (linuxsecurity.com) Uses Microsoft-Controlled Front Groups and LLM Slop in Order to Spread Microsoft-Directed Anti-Linux FUD
Microsoft garbage likely produced by Microsoft LLMs, spewing out Microsoft FUD
Likely Fake 'Article' About Linux Mint 22.1
BetaNews fired up its plagiarism machine (LLM)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 16, 2025
IRC logs for Thursday, January 16, 2025
Links 16/01/2025: Conflicts, Overpopulation, and Software Patents
Links for the day
[Meme] Lock-down With DRM Server/s (in a Nutshell)
Companies like Microsoft and Apple have a 'God complex'
Thank You, London! There Was No Way to Still Reliably Host Gemini From Home (on a Raspberry Pi 4) Due to Scale
The only regret we've long had is that we hadn't made the move earlier
The Summit of Future (Kerala, 2025): Dr. Richard Stallman (RMS) to Give Keynote Talk
promotional video was uploaded
Richard Stallman's Talk This Coming Monday (European 'Tour')
bunch of talks in Europe
Total Lock-down Ambitions - Part II - Down to the Very Core, Including the Hardware (CPU, GPU, Peripherals, and More)
instead of distinguishing themselves and antagonising these broadly reviled "antifeatures", both Canonical and IBM decided to join Microsoft in advocating lockdown
FSF, Guardian of the GNU Project, to Reach $400,000 in Winter Fundraiser Ahead of 40th Anniversary
The GNU Project Turns 42 later this year
Links 16/01/2025: "Meduza, IRL" and the Clock is Ticking on TikTok in the US
Links for the day
Gemini Links 16/01/2025: Yesterday's Gone, The Hour of the Dragon by Robert E Howard
Links for the day
Computer Users Aren't Zoo Animals
Animals don't belong inside cages in zoos, either
Links 16/01/2025: Scale and Scope of Microsoft Layoffs Revealed (Two Waves of Layoffs in 2025 Already)
Links for the day
Gemini Links 16/01/2025: Meta Has a Pixelfed Problem and Space Time Scoping
Links for the day
Anti-Linux 'Articles' in linuxsecurity.com (Guardian Digital, Inc) Are Composed by Bots, Probably Microsoft's
linuxsecurity.com has become a mindless stream of LLM slop
"New Year, New Career"
published a few hours ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 15, 2025
IRC logs for Wednesday, January 15, 2025