Bonum Certa Men Certa

EPO and UPC Can Become the Next 'Dieselgate'

Forum Selling Abroad
Forum Selling Abroad [PDF]



Summary: Mischievous policies in Germany and cover-up of abuses won't bode well for the nation; we're already seeing some of the pushback, but can António Campinos keep the gory details under the wraps for much longer?

THE U.S. Patent and Trademark Office (USPTO) must wrestle with -- or blatantly disregard -- 35 U.S.C. ۤ 101 in order to grant a software patent and even then, even if such a patent gets granted, it is likely that courts will throw it out. In this morning's Daily Links we included a number of new examples. There are court cases all the time and they always end up the same way. SCOTUS has in fact just rejected more attempts to revisit Alice, so patent litigators must be depressed.



"We've long argued that this underlines the urgency of passing UPCA and kicking off UPC. They hope to have crooked courts whose attitude towards these IPs/EPs would be very lenient."When it comes to software patents in Europe, they're also unlikely to withstand a court's scrutiny and we'll elaborate on that in a later post (later this morning). We sometimes refer to these as Invalid Patents (IPs) instead of European Patents (EPs). The European Patent Office (EPO) does not seem to care about patent validity anymore, based on its own actions.

We've long argued that this underlines the urgency of passing UPCA and kicking off UPC. They hope to have crooked courts whose attitude towards these IPs/EPs would be very lenient. They have control over judges' appointments and reappointments. Rumours say they want to put Battistelli at the top of it (instantaneously rendering it crooked).

"These people are looking to make themselves relevant with more litigation cashflow, that's all..."With only days until the Brexit deadline (I'm not in favour by the way) it should become apparent that the UPC isn't happening. So Team UPC has already shifted the debate to whether or not something similar to the UPC can be explored which excludes the UK (that would require redoing the whole ratification process, having already done a lot of rewriting, which can take years). Over at IAM, Battistelli's UPC propaganda mill (they're paid for this propaganda by Battistelli's PR agency), we learn that "Sir Robin Jacob says Unified Patent Court is still alive; other European countries still want UK to be part of it. He is going to the Hague on thursday to discuss #PharmaBioIP" (this is an IAM event and not a direct quote).

So they try to attract attendants based on what they want to hear. Benjamin Henrion meanwhile pointed out that "Software patent boosters at IAM conference on Biotech in London "He has significant expertise in artificial intelligence and deep learning based technologies, and is the lead for the firm’s AI practice group" https://www.vennershipley.co.uk/resources/events/pharma-biotech-ip-iam-event …"

Lying to himself and to others. These people are looking to make themselves relevant with more litigation cashflow, that's all...

It's not about constitutionality or science or public interest. It's pure greed. Their own.

"The typical proponent of software patents almost always misses the point that having more and more patents has nothing to do with innovation, only the number of restrictions (monopolies)."Henrion has also noted: "There might be UPC soon to the scalp list: "Et cela m’a par exemple permis de participer activement à la mise en échec d’une directive européenne sur les brevets logiciels ou à la censure constitutionnelle de la première loi Hadopi." https://pascontent.sedrati-dinet.net/index.php/post/2020/01/24/Un-systeme-de-retraite-cybernetique …" (it's all in French)

And right now in FOSDEM he distributes shirts that protest UPC, in particular its envisioned effect on software patents ("Looking for 30 people to wear a tshirt against Unitary Software Patents at FOSDEM. 20y ago, Stallman on software patents https://ajt.iki.fi/travel/osdem/ : "A big program always operates in the scope of several dozen patents, and it is impossible to keep track of them all").

The typical proponent of software patents almost always misses the point that having more and more patents has nothing to do with innovation, only the number of restrictions (monopolies). In the case of programming, it is exceptionally harmful.

It is meanwhile being pointed out that, as per this tweet and this paper [PDF], Germany is striving to be Europe's Eastern District of Texas, all at the EU's expense. This can only harm the image of the EU and of Germany (if people find out, as they did about Dieselgate or Emissionsgate). "Are German District Courts (Landgerichte) attracting #patent litigation by refusing to stay infringement proceedings pending invalidity challenges? So argues provocative article by Bechtold, Frankenreiter & Klerman, "Forum Selling Abroad", https://southerncalifornialawreview.com/wp-content/uploads/2019/07/92_3_Klerman_487.pdf …"

"They won't prosecute anyone if or as long as this is profitable and the public still tolerates it; it's like another Dieselgate in the making.""It's a racket," I responded. "And to break this racket one must first understand EPO corruption in Munich and [the UPC's] assault on the Constitution."

Henrion quoted: "With the UPC agreement in Europe, Düsseldorf is reaching for the crown among the patent court venues in the world. The patent chambers of the regional court and the court of appeals of Düsseldorf have more patent cases than all other courts in Europe [...] Germany's pro-patent litigation agenda has even drawn unprecedented public criticism from Switzerland's Federal Patent Court on Twitter, raising the question of whether German regional courts are engaging in "forum-selling"..."

"The EPO likes to boast/brag about Switzerland being most innovative, based on number of patents per capita, but what proportion of these applicants possess Swiss nationality (unlike the company)?"So the German government in Berlin looks the other way while EPO management commits crimes in Munich and it ultimately harms the general image of Germany. They won't prosecute anyone if or as long as this is profitable and the public still tolerates it; it's like another Dieselgate in the making.

One attorney who is habitually critical of the UPC wrote: "The map shows the residence of the #patent applicants versus the residence of the inventors and, basically, tells us what we already knew: Switzerland attracts companies (tax heaven) which, in turn, employ educated foreigners, expecially in Pharma (see Basel), who are commuters..."

The EPO likes to boast/brag about Switzerland being most innovative, based on number of patents per capita, but what proportion of these applicants possess Swiss nationality (unlike the company)? These tough questions may help reveal that things aren't the same as what superficially meets the eye.

Recent Techrights' Posts

[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
 
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock
Detecting suspicious transactions in the Wikimedia grants process
Reprinted with permission from Daniel Pocock
Links 23/04/2024: US Doubles Down on Patent Obviousness, North Korea Practices Nuclear Conflict
Links for the day
Stardust Nightclub Tragedy, Unlawful killing, Censorship & Debian Scapegoating
Reprinted with permission from Daniel Pocock
Gunnar Wolf & Debian Modern Slavery punishments
Reprinted with permission from Daniel Pocock
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work