03.19.20

Germany’s FCC and Its Decision on UPC May Not Matter Much Anymore (and the Government in Berlin Knows That) (Updated)

Posted in Courtroom, Europe, Patents at 3:22 pm by Dr. Roy Schestowitz

Update (20/3/2020): The decision is now online in German and in English. Thank you, Justice Huber, for doing the right thing in the face of great pressure if not harassment from the litigation ‘industry’.

Tomorrow morning we’ll know the (in some sense) irrelevant outcome

UPC lobbying budget:
UPC lobbying budget - Can't say if dead or dead - It's dead, Jim - I need to change profession

Summary: Tomorrow morning the Federal Constitutional Court in Germany (Bundesverfassungsgericht) will publish a decision that leaves UPC as dead as it already is, based on last month’s declaration from the British government (among other key factors)

THREE years ago the corruption in EPOnia was still making headlines across Europe. It was only a year or two after the corruption had been culminating in all sorts of ways. We can count the ways, enumerating literally dozens of examples. We’ve written and published over 3,500 articles about the EPO alone.

“Anyway, legal issues aside, the EPO also fails on technical merits.”The EPO has not changed since; but it made use of some new PR strategy and put aside budget and lawyers for intimidation and bribery of the press. At one point it even sanctioned IP Kat (back when it was still run by decent people — sadly no longer the case due to staffing/editorial changes). IP Kat nowadays participates in the EPO’s abuses by means of censorship of EPO critics. It’s really that bad and rather blatant. They hope nobody will notice that, but people do notice…

Anyway, legal issues aside, the EPO also fails on technical merits. The official European Patent Office/Organisation’s (EPO) Web site suffered downtime issues this week (the U.S. Patent and Trademark Office (USPTO) had similar issues last year and two years ago — issues that some blamed on corruption, nepotism and incompetence. This week one USPTO whistleblower wrote: “Rec 100s complaints about the new CIO leadership. The CIO seems to be every where but at work. I guess the contractors are running the place. The Dep CIO is still failing as a leader, transferring old staff over to CIO to achieve even greater failure that got her trasferred”).

“Will they be OK with the EPO trying to seize control of the legal system too? Not likely. Not if they do their job properly.”We don’t wish to focus too much on the USPTO and every pertinent EPO abuse, including the corruption of the media, the bribery, the fake job ads and so on. Let’s just say that the Justices at the FCC are certainly aware of many of these things. They’ve had years to familiarise themselves, as they’re dealing with numerous (perhaps half a dozen) complaints about the Office. They’ve been observing the abuses against EPO judges, not to mention all sorts of corruption such as nepotism (the legal system is extremely sensitive to such bad publicity).

Will they be OK with the EPO trying to seize control of the legal system too? Not likely. Not if they do their job properly.

One can count on the overzealous among Team UPC to act as though the UPC is about to start. Bristows’ Gregory Bacon (some of his UPC boosting colleagues left the firm) said some nonsense and around the same time “Kluwer Patent blogger” (probably the same firm hiding itself and suppressing its opposition, as usual) wrote: “”We await to see what the significance might be that the decision will be issued by the Senate rather than Chambers”, Bristows writes in an article published earlier today.”

Citing oneself, Bristows?

Anyway, one big blow was served last Friday but was "lost in Corona" (“Dutch Court Rules That Seat Agreement Signed Between the EPO and the Dutch Government Violates Article 45 TFEU”), so will this Friday bring another blow?

“This UPC decision may be already moot,” I told Henrion (FFII) some hours ago, “because the UK is not participating in the process, which means UPCA cannot go on (as Berlin confirmed months ago)” (this is a matter of public record in newspapers as well).

“I personally do not share this kind of enthusiasm because the UPC is already dead anyway.”The court says: “Generally, this information will be announced three days prior to publication. On the day of their respective publication, the decisions will normally be available on the website of the Federal Constitutional Court as of 9:30 a.m. and are sent via newsletter simultaneously.”

That’s 8:30 AM British time.

Citing Stjerna's latest paper, Henrion noted that “Nokia and BASF [are] writing UPC court fees so that SMEs cannot participate” and added that: “If the FCC dismiss the complaint on Friday, FFII eV will file a second one. [] If the German Constitutional Court kills the Unitary Patent on Friday, I will do a virtual party on Jitsi. Bring something to drink!”

I personally do not share this kind of enthusiasm because the UPC is already dead anyway. “There are strong grounds to throw out the UPCA, not the complaints, for good,” I told him. “It’s the product of a litigation ‘industry’ coup, designed to corrupt the system and break the underlying laws for profit. Unitary Patent already died last month here in the UK. Another German nail in the French coffin would help thwart future attempts by ‘Team UPC’.”

“They look to discredit the decision in case it doesn’t go their way.”Henrion took note of “UPCtracker” Thomas Adam, who insults the court and the Justice. He wrote: “#UPC re: decision of DE Constitutional Ct to be published on Fr., March 20, 2020. Not an expert in constitutional procedural law, so following observations should be taken w a grain of salt. The form of announcement indicates that the decision will be one by the full Senate (8 judges) as compared to a 3-judges/chamber decision (the latter being competent to deny acceptance of the complaint, sec. 93b of the Act on the Fed. Constitutional Ct., but – of relevance here – not competent to declare an Act of parliament as unconstitutional; sec. 93c(1) 3rd sentence); a chamber decision wd have been surprising this late in the game but it appears that the case was never formally admitted by the Senate; having said that, a Verfassungsbeschwerde must be admitted in order to be decided, sec. 93a but can happen implicitly). In case of a draw (4:4), complaint is denied. Dispensing with oral hearing would be due to parties involved waiving such right, sec. 25(1). So form of decision (by way of “Beschluss”) not prejudicial for outcome. Dissenting opinions are possible.”

So they proactively moan about the decision. They look to discredit the decision in case it doesn’t go their way.

“In case the case is not refered [sic] to the CJEU,” Henrion told him, “FCC will breach its obligations.”

Separately he had said “UPC FCC decision to be published this Friday [...] If the court does not refer the matter to the CJEU, this will be a big fault by the FCC.”

“We understand that the decision is already written and ready to be published, but regardless of its conclusion the outcome will be the same.”My gut feeling tells me nobody will really pay attention tomorrow, due to the pandemic. We recently exposed profound EPO corruption and German journalists said they would not be covering it because of coronavirus. They actually said that.

The Team UPC troll/sockpuppet in Twitter (intended to lobby and ‘harass’ the FCC) said: “No. But heralded for tomorrow, Fr., at 9:30 am CET (though Court runs on limited capacity due to COVID-19).”

Well, the decision won’t matter for UPC’s fate or even for software patents in Europe. It is in many ways moot before its arrival.

We understand that the decision is already written and ready to be published, but regardless of its conclusion the outcome will be the same. No doubt Team UPC will shout from rooftops tomorrow morning, either in ‘damage limitation’ attempts (distorting the meaning of the outcome) or celebrations over nothing of real substance, merely resulting in yet more complaints and inaction from the German government.

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

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2020/03/19/bundesverfassungsgericht-upc-decision/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 29/7/2021: siduction 2021.2 and Xubuntu 21.10 Dev Update

    Links for the day



  2. GitHub is Racism

    Microsoft has the world's most racist code hosting repository; it wasn't like this when Microsoft took over as the racist policies were added to impress Donald Trump, who would later rig a procurement/tendering process to bail out Microsoft (10 billion dollars from the Pentagon, i.e. taxpayers)



  3. [Meme] António Lost His Power Over Patent Examiners

    Team Campinos at the EPO must be rather stressed at the moment; the people who do all the work can go on strike any time (or all the time, until/unless demands are met)



  4. European Patent Office is Going on Strike (or Strikes)

    The staff of the EPO is ready to strike like never before (dissatisfaction and outrage over 8 years of gross injustice, namely Battistelli's breach of fundamental rights, including the right to strike)



  5. Crying “Wolf!” About Systemd is Only Beneficial to IBM and Systemd Developers/Pushers

    Microsoft controls Systemd only to the extent that Systemd is controlled by GitHub, which is in turn controlled by Microsoft; But Systemd has long been on that proprietary platform (its developers don’t truly value software freedom) and this has long been a problem, even before Microsoft hijacked it for coercive power



  6. Links 29/7/2021: Mesa 21.2 RC3, FSF Responds to Microsoft's 'Hey Hi' Attack on Copyleft

    Links for the day



  7. IRC Proceedings: Wednesday, July 28, 2021

    IRC logs for Wednesday, July 28, 2021



  8. [Meme] No Crime Goes Unrewarded at the EPO

    It is more or less undeniable that from a legal and functional perspective the EPO is already defunct and is still perishing under a couple of Mafiosos whose sole interest is cover-up and grifting/plunder (of what’s left of the Office after almost 40 years of goodwill/reputation); the recent G 1/21 fiasco was just icing on the cake and the EU’s insistence on a patently unconstitutional UPC (more legal powers for chronic EPC violators) actually weakens unity in Europe (by discrediting the Union)



  9. [Meme] There's Always a Way (When Financial Results Are Not So Good...)

    Too many US ‘tech’ companies still lie to their investors. They choose financial engineering instead of real engineering.



  10. Links 28/7/2021: OPNsense 21.7 and MX Linux 21 Beta

    Links for the day



  11. The One Reason I Cannot Get 'Google News' (or Google) Completely Out of My Life

    Google has got almost a monopoly on (nearly) real-time news syndication; this is why, for our Daily Links at least, we still rely on Google News to a certain extent



  12. [Meme] When Sociopaths or Psychopaths Run Europe's Second-Largest Institution

    The EPO has a very profound issue because it is run (and ruined) by insecure thugs with inferiority complex, so they form cliques of friends of theirs instead of actually qualified people, in effect creating personality cults that laugh at the law and disregard any obligations to the institutions/staff they were entrusted to manage



  13. Links 28/7/2021: GCC 11.2 Released

    Links for the day



  14. Microsoft 'Loves' Linux So Much That It's Spreading FUD About It All Over the Media for 3 Days in a Row (So Far)

    The stubborn cult at Microsoft likes telling us all — especially officials and decision-makers — a bunch lies like, “we invest [some amount of money] in security” and “security is our goal”, but in reality the money is sunk into hiring (‘buying’) firms with “security” in their name, bribing publishers for mindless PR/platitudes that cast critics of Microsoft insecurity/ies as “fanatics”, “bashers”, “jealous”, “irrational” et cetera; finally, actual money goes into collaborations with the NSA on back doors, i.e. the exact opposite of security. The video above is a follow-up or sequel for something we meme-ified two days ago; we’ve since then included more examples (with editorial comments added to the links) in our News Roundups/Daily Links; Western media follows the same script we saw in Indian Web sites on Sunday and the objective is to paint Linux as “equally insecure” if not less secure than Windows. As already noted on Sunday, in a much longer video, the ‘Linux’ malware (it has nothing to do with Linux itself!) needs user intervention, neglect, or even sabotage to even get on the compromised systems in the first place. One can guess what situation or which incidents Microsoft is ever so eager to distract/deflect from…



  15. [Meme] EPO Asked to Comply With the Law and Correct Behaviour

    EPO staff wants reparations for monumental abuses, but the “Mafia” of Benoît Battistelli and António Campinos will never allow that to happen (we saw the same regarding the unlawful composition of internal courts)



  16. The Unfunny Joke That Microsoft Cares for 'Developer Rights'

    Microsoft propaganda urging software developers to find comfort in a prison of Microsoft (proprietary software monopoly) is a symptom of dying media, or thinly-veiled PR looking for a buck



  17. IRC Proceedings: Tuesday, July 27, 2021

    IRC logs for Tuesday, July 27, 2021



  18. Links 28/7/2021: PulseAudio 15.0 Released, World’s Slowest Raytracer

    Links for the day



  19. Links 27/7/2021: New Godot Engine Beta and a Call for Funding of GIMP

    Links for the day



  20. The EPO's 'News' Page Annotated

    From the above: Greenwashing; Offshoring; ViCo nonsense; Openwashing; Patents=space travel? Faking empathy; Patents as monopoly; ViCo whitewash; Constitutional hogwash; ViCo propaganda; Pinkwashing; Whitewashing GDPR violation; Self-praise; Exploiting pandemic for $; More openwashing; Protectionism; Outsourcing; Occupying the legal system; Grifting and PR; 'Legalising' EPC violations; More surveillance; Patents as sharing?; Patents as mere info? Lobbying by litigation firms; Proprietary/MS



  21. Playing With Fire: The Linux Foundation Associates the Linux Brand With Proprietary Software and GitHub (as Usual)

    Racist IBM is once again using or misusing the “Linux” brand (through the Linux Foundation) to promote racist Watson (which is also proprietary software); the ‘Linux’ Foundation is now revisionism as a service (not just in service of its own mythology, e.g. the operating system starting in 1991 rather than 1983)



  22. Links 27/7/2021: KDE Plasma 5.22.4, Libinput 1.19 to Include Hold Gestures

    Links for the day



  23. Recording Videos With Webcamoid on GNU/Linux

    A lot of people use OBS Studio or similarly high-profile Free software that's mostly designed for live streaming; but this video is a bit different as it takes a look at Webcamoid, which not many people even know about, explaining the current setup that's used to record pretty much every video we make



  24. Getting News and Updates Over Gemini (in General and for Techrights)

    Gemini (gemini://) is very well suited for 'consumption' of news; the hardest part is getting past the simple fact that not every article needs to have pictures in it and syndication (for updates) isn't done through social control media



  25. IRC Proceedings: Monday, July 26, 2021

    IRC logs for Monday, July 26, 2021



  26. [Meme] Microsoft is Lecturing Us on Security!

    Dev Kundaliya and 'Hacker' News play along and go along with this laughable lie that Microsoft is some kind of security expert with moral authority/credibility on this subject



  27. [Meme] EPO 2025 (When Most of the Decent Patent Examiners Have Been Chased Away)

    Based on this week's reports (see batches of Daily Links), many recently-granted European Patents are being thrown out by courts, which means it's hardly surprising that demand for European Patents is in fact decreasing (while quality/validity/legal certainty nose-dives)



  28. Funding Sources Like Corporate Sponsors/Patrons/Masters Put at Risk the Freedom of Free Software

    Sources of funding or “sponsors” such as large corporations typically come with some barely-visible or temporarily-invisible strings attached (an expectation of commercial reciprocity, rendering the recipients subservient like ‘slaves’) and we need to understand how to preserve software freedom in the face of such trends



  29. Links 26/7/2021: Nanotale on GNU/Linux and IBM Promoting Microsoft GitHub

    Links for the day



  30. Free Software Projects Should Quit Selling Keynote Speeches to the Highest Bidders (Corporations) and Choose Based on Merit/Relevance

    OSI, SFC, FSF and Linux Foundation are in effect selling time and space (even to Microsoft, except the FSF was never foolish enough to do this). As of today, LibreOffice does the same thing (which might remain benign; just be sure to reject rivals as "sponsors" because it dooms projects and events).


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