Bonum Certa Men Certa

Justice Peter Huber Speaking to a Front Group of Team UPC May Compromise the Integrity of the FCC and Its Outcomes

We're Germany's highest court, we don't succumb to pressure. We just give exclusive interviews with insights to pressure groups.



Summary: The public reaction, even from some legal professionals, isn't too positive, seeing how judges from BVerfG (FCC) speak to the mouthpieces of Team UPC (biased and in the pockets of the litigation 'industry')

IT IS rather worrying. Earlier today we recalled some conflict of interest and now we see bad words shared with Team UPC's media, almost as if Team UPC gets some sort of 'magical lane' into constitutional courts, too.



"Looking at some early comments about Huber's remarks, pretty much all the comments (at this time) speak about how inappropriate it was for him to speak to this co-called 'media' (think tank, lobbyists, pressure group) -- the same thing we initially stated."Why would a high German judge (a "justice" even; like SCOTUS judges) be speaking to a hive of misinformation and trolls? It's funded by many Team UPC firms and worse. Was he not aware? The contents of the interview have already caused some controversy and we shall come to that in a moment.

Suffice to say, Team UPC is totally exploiting this. Gregory Bacon of Bristows is now openly bragging about this FCC judge speaking to Team UPC about the constitutional complaint. "If the BVerfG’s decision is that the complaint be dismissed," he wrote, "this removes one factor holding up the start of the proposed unitary patent and UPC system, but the other factor, i.e. Brexit, remains."

There are several more factors, but Bristows ignores these. Because it's inconvenient...

But everyone knows Bristows is a pack of liars. Even some university professors share that sentiment.

Looking at some early comments about Huber's remarks, pretty much all the comments (at this time) speak about how inappropriate it was for him to speak to this co-called 'media' (think tank, lobbyists, pressure group) -- the same thing we initially stated.

MaxDrei said:

I find it regrettable that a judge of Germany’s highest court should use the B word in an interview with a journalist. Competition with the over-touchy, over-reactive Tweeter in the White House is not what I expect from the court.

Let’s think about it a bit more calmly. Suppose the journalist had avoided inclusion of the provocative word “delay” in their question. So; for example: “Is BREXIT slowing down the process of coming to a judgement?”. Would Judge Huber’s answer to the question thus expressed have been quite so intemperate?

So I wonder, did MIP deliberately include the provocative word “delay” in order to goad the judge into a response that generates more publicity for MIP or, worse, to give the judge an opportunity to give his court a more edgy presence with the public?


"Concerned observer" soon followed:

Is it just me, or is the interview provided by Justice Peter Huber highly irregular?

I am struggling to recall a prior occasion on which a lead judge on a case discussed that case with the media prior to providing their judgement. Whilst the interview arguably only touches upon minor details, it is surely contrary to the interests of justice for a judge to make public pronouncements on ANY matters related to a case prior to final judgement. And to make such pronouncements to the media (instead of directly to the parties to the case) is also most peculiar.

Perhaps most troubling of all is that Justice Huber is quoted as saying “Brexit is of no concern” to the BVerfG. This could perhaps be interpreted as referring solely to the timing of the BVerfG’s judgement. However, given that the precise legal identity of the UPC (and, therefore, of the Participating States to that court) could well be a crucial issue upon which the BVerfG needs to decide, that statement is careless at best.


And back came MaxDrei with this:

In MIP, the by-line below the title of the Huber interview report is “Patrick Wingrove, London”. So was the interview conducted in English or in German. I guess that Judge Huber has good English but is not bi-lingual or an English native speaker. Did Judge Huber give answers in German, later translated by MIP into English, or did he actually give in English his answers to these supremely delicate and controversial matters?

In particular, his “no concern of mine” answer sounds flippant but I give him the benefit of the doubt. I guess he wanted to say that internal UK politics is no concern of his, his concern being exclusively the DE Constitution and EU law. Dragging the UK into his deliberations is indeed not needed. This year it is the UK. Next year it could be another EU Member State.


MaxDrei also asked in IP Kat:

Can anybody tell me whether Judge Huber gave his replies to MIP in his native German, or in English? I mean, "no concern of ours" and "bullshit" strike me as unlikely to have emerged from the mouth of a Supreme Court judge offering comment on one of the cases in his pending docket.

Is MIP sexing the answers up? Or is it Peter Huber who is looking to raise the profile of his court?

Thinking also about another recent leap into the arms of the press, a recent BBC interview, that old advice to "Look before you Leap" springs to mind.


Watch the replies: "Max, the interview was in English."

"When the top/key judge in your case uses the word "bullshit" (even in English!) something is likely amiss."MIP too commented: "The interview was conducted in English."

Looking at social control media, Birgit Clark (former 'Kat') wrote: "We can always ask the BVerfG press office? I am slightly puzzled by the choice of vocabulary..." (alluding to "bullshit")

When the top/key judge in your case uses the word "bullshit" (even in English!) something is likely amiss. But the key issue isn't that he spoke out like this but who he spoke with.

Alex Robinson (Team UPC, he calls himself that) said: "No, as in we won’t see a decision in 2020? (I maintain some scepticism about this too as it has already been on the list for 2018 and 2019!)"

"There seems to be great uncertainty about how it came about and in past years we saw some media -- and Bristows in particular -- claiming to have gotten a word from institutions without being able to verify that; they possibly lied, they may have made the whole thing up, wholly or partially. We wrote about those incidents many times."He also said: "If there is no interview then why is MIP claiming there is? All very peculiar."

There's confusion even among colleagues. Max Walters wrote: "I'd also be intrigued to hear what they have to say..."

There seems to be great uncertainty about how it came about and in past years we saw some media -- and Bristows in particular -- claiming to have gotten a word from institutions without being able to verify that; they possibly lied, they may have made the whole thing up, wholly or partially. We wrote about those incidents many times. These people play very, very dirty games. They're immoral and desperate.

"Never understood why FFII eV was denied access," Benjamin Henrion said, "while the EPO or the BDI could file an amicus brief, and have privileged access to the case which is "secret" #transparency #favouritism"

"These people play very, very dirty games."The same goes for various Team UPC 'reporters' (lobbyists of the litigation giants who are also close to Battistelli). Why are they getting special treatment? CEIPI (Battistelli) tweeted: "The case holding up the Unified Patent Court will be decided in the first quarter of 2020, according to Justice Peter Huber of the German Federal Constitutional Court #UnifiedPatentCourt #UPC #UnitaryPatent #Brexit cc: @xavier_seuba @TeresaCalixto https://twitter.com/ManagingIP/status/1197201103751983105"

So CEIPI (Battistelli) too is smelling 'blood'.

What's noted above is very much noteworthy. If judges are eager to rub shoulders with Team UPC lobbyists, what does that tell us about the case -- and worse -- what does that say about the FCC's impartiality?

As someone has just put it in very general terms: "It's a lobbying lollapalooza in Brussels right now. Everywhere you turn conferences, meet-ups and "events". The sad irony is that for mainstream media, EU policy news right now is boring. We'll get to it when the sausage is pretty much made and the debate lines set."

"To see judge/justice Huber mingling with these lobbyists is at the very least concerning. It can harm also the reputation of his FCC colleagues."Earlier this week the EPO bragged about lobbying Brussels (we responded to that) and litigation events are being set up by MIP with direct support from the EPO. Quite a few of these are pro-UPC events, so what does judge/justice Huber's interaction with MIP tell us?

All these "events" are lobbying platforms (like "FOSSPatents Conference" for FRAND), bankrolled by particular businesses for particular outcomes, findings, stacked panels etc.

To see judge/justice Huber mingling with these lobbyists is at the very least concerning. It can harm also the reputation of his FCC colleagues.

Recent Techrights' Posts

Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026
Links 26/06/2026: SoftBank Forbids Mentioning That Slop is a Scam, "'We Need Courageous People' to Combat Greed and Corruption"
Links for the day
Gemini Links 26/06/2026: "Negativity of Reddit" and "Moving Blog to Gemini"
Links for the day
Same MIT Site That Fabricated the Fake News for IBM is Still Being Paid to Produce Fake "Reports" That Prop Up a Ponzi Scheme
If this is the media we deserve as a society and believe keeps us informed, then we are all doomed
'Social' Slop: The Social Control Media and Slop Crises Are Converging
Social Control Media and slop may have a shared fate. People will shun them both.
XBox Being Discontinued, Some Models of XBox Canceled, Not on Sale Anymore
First some of the largest retailers quit stocking/selling XBox, now a 2TB model is axed
Union Syndicale Fédérale (USF) Speaks Out Against Campinos and Informs the Chairman of the EPO Administrative Council
Does Mr. Kratochvíl pay any attention at all?
'António the Pretender' Campinos is Digging His Own Grave With Grotesque Lobbying Intended to Undermine Democracy in Europe's Second-Largest Institution
One way or another, the EPO will never be the same again
The Principle of "Do No Harm"
"Do No Harm" is a common saying
After Years of Bluewashing People Who Are Still Labelled "Red Hat" Suddenly 'Leave' (Might be PIPs), IBM in "Forever Layoffs" Loop
Remember that Red Hat had mass layoffs this year
Microsoft Staff Bracing for Impact Ahead of "Layoffs Lottery"
some people start to assess who will get culled next
Donald Trump and IBM's CEO: Twins Separated at Birth, Saturating the Media With False Reports About Things That Don't Exist
Every "journalist" that went ahead with this fake news should be sacked on the spot for a rejection of fact-checking
The Register MS Will Become Indistinguishable From Spamfarms at This Current Pace
Follow the money...
Microsoft Layoffs Have Already Begun in Its PR Department
It is called Waggener Edstrom
Techrights Community as Litigants in Person (LIPs)
Unwittingly and due to circumstances we're had to step in to protect women abused by monstrous men who lack empathy
European Patent Office (EPO) Series: Rest and Recuperation on the Adriatic Coast
The EPO President's connections with the Croatian SIPO date back to his days as head of the EU trademark agency EUIPO
Firehose of Spam (Fake News) From The Register MS Today
This is how awful the state of news sites really is
Slopfarms Becoming Scarce and Few (or Inactive)
we'll try to refrain from even giving the remaining slopfarms any visibility
The Register MS Promotes Things That Do Not Exist... for Money
How much more ZTE spam will come out before 5PM?
Links 26/06/2026: RIP, Om Malik, 1966-2026
Links for the day
Memory Leaks Suck
Slop ('vibe') coding means lots of bad programs
Natural Disasters and Personal Disasters
Thank you, Om Malik, for the positive memories
Gemini Links 25/06/2026: Life Philosophy and Misery
Links for the day
GAFAM Became a Mainstream Term, and Why Words Matter
Conveying problems in useful terms [...] Impairing propaganda attempts (e.g. calling parrots "intelligence", back doors "confidential", and outsourcing "cloud") should be the first step
European Patent Office (EPO) on Strike Today, Next Week Another Historic Week
If you live in Europe, contact your delegates today
FSF FreeJS Project (Part of the GNU Project's Goals) Advanced Further in 2026
They're moving to reduce dependence on anything to do with Microsoft
SLAPP Censorship - Part 119 Out of 200: Our Suggestions to Our Politicians and Heads of State
coverage about SLAPPs and related matters
Microsoft Already Closing Down Studios, According to Some Publishers
It is being compared to what happened in Intel
IBM PIP Stories Told in Public, Fake IBM News (Fabricated Claims) Drown Media Sites
IBM is seeding fake news to help justify the bailout
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 25, 2026
IRC logs for Thursday, June 25, 2026