Bonum Certa Men Certa

The Fall of the UPC - Part XIV: Media Owned and Controlled by Law Firms Did Not Properly Cover the Decision of the German Constitutional Court (FCC)

No financial incentive to accurately cover the facts; distorting the facts is more profitable

The Law Society Gazette



Summary: We take another look at the shallow if not deliberately misleading coverage in sites that are literally owned and run by law firms, for the benefit of law firms rather than informing the public

THE credibility of the European Patent Office (EPO) is at stake and definitely at risk due to its misleading "press release" (statement in its "news" section, quoting António Campinos) about the UPC/A after the decision in Germany. The career of Battistelli is likely over; he'll never be in 'unitary' anything and he's rapidly aging in the country with some of the highest death tolls right now (for that age group).



"The way we see it, UPC/UP/UPCA was a dying thing or a zombie for 3 or 4 years, either due to Brexit, the complaint in Germany, or both. Team UPC just couldn't get itself to admit this."But what about the credibility of publishers and law firms, notably mouthpieces of Team UPC and leading proponents of UPC, who often themselves participated in drafting the UPC/A? We want to ensure that people know the full story and can look back at what was said after the UPC had died. The first major blow was in February (UK) and the second in March (Germany). There were many other, albeit somewhat smaller, blows in prior years. The way we see it, UPC/UP/UPCA was a dying thing or a zombie for 3 or 4 years, either due to Brexit, the complaint in Germany, or both. Team UPC just couldn't get itself to admit this.

A few months ago Patrick Wingrove at Managing IP 'entrapped' Justice Huber, giving rise to a bunch of false reports about how the complaint would be dismissed (how wrong were they!) and these charlatans in rigged media (de facto lobbyists of Team UPC) continue to show their true face. This week alone one can see Wingrove et al assessing and ranking litigation venues (places in the US) based on how much blackmail and harassment goes on there. It's like the Army rating/ranking countries by how many bombs it drops on them.

Anyway, this is consistent with what we've pointed out for years. The litigation giants run a lot of the media, directly or indirectly, telling us endless lies about the UPC. Now, in April 2020, one can look at all the lies they told over the years. Their misleading articles are still online.

"The litigation giants run a lot of the media, directly or indirectly, telling us endless lies about the UPC."Now, one might expect them to stop lying, seeing that the UPC hit the final wall. But no...

The media in the pockets of Team UPC -- just like Team UPC itself -- will carry on lying to us.

Since we've mentioned Managing IP, which is in the pockets of the EPO and Team UPC, let's consider Wingrove's colleague (Max), who used to write for Law Gazette. How many people even know who owns Law Gazette? It's a misleading title/name; it makes it look like some official and independent journal. We wrote about it before and it's clearly a privately-owned propaganda platform, where the main writer is now Michael Cross.

Want to see what Law Gazette published through Michael? Let's start with this article that said "decade-long attempt to create a unitary patent and enforcing court across European states appeared finally dead last night when Germany’s highest federal court ruled that the decision to join it had been taken unconstitutionally. Following the UK's indication that it would not participate as planned, this means that two of the three required lead jurisdictions have pulled out."

"Michael Cross, to be fair to him, hasn't done a totally bad job."Only France is in; Battistelli is all on his own.

Michael Cross, to be fair to him, hasn't done a totally bad job. He has been a little more balanced than most, but he soon followed with some puff pieces like this one, which is spin: "A German ruling to void membership of the Unified Patent Court highlights the fragility of supranational institutions. But is the UK ready to take advantage of this window of opportunity?"

Well, the UK already has its own patent system and for a number of years we've heard rumours that the UK might also quit the EPC (hence the EPO).

Michael Cross later also changed the headline of the published article. "News focus: A court too far?" became "Unified Patent Court impasse - what now?" with a different URL, but the content is the same (there might be more articles, but we found 3 on this topic, including this duplicate).

"Well, the UK already has its own patent system and for a number of years we've heard rumours that the UK might also quit the EPC (hence the EPO).""In itself," the article says, "the ruling does not kill the UPC or the Unitary Patent it is supposed to regulate."

No, Michael Cross. It does actually. It doesn't explicitly say so, but common sense and basic understanding of the process would lead to the obvious conclusion. Do you await an officially-issued death certificate?

"Stop spinning for your employer," I wrote, "the law firm which owns the publisher..."

"Speaking of law firms as publishers, this is exactly what IP Kat became and it worries us greatly because IP Kat used to be a prominent critic of EPO management."When Max more or less ran the site he did a mostly OK work. He was relatively balanced and he spoke to EPO critics as well. Michael Cross is a step in the wrong direction. The articles mention no critics of the UPC, only Team UPC talking points and even the Law Society president (quoting one's own boss!). If these people wish to undertake journalism seriously, then they must also speak to people whose agenda is different from the employer's (a law firm).

Speaking of law firms as publishers, this is exactly what IP Kat became and it worries us greatly because IP Kat used to be a prominent critic of EPO management. The people who ran IP Kat a few years ago are no longer there (almost everyone left), leaving a vacuum filled by litigation firms and virtually no scholars. The EPO coverage almost always comes from AstraZenecas's (Big Pharma) legal department.

"So now they do ads for patent and copyright maximalists."The other day in IP Kat we saw Magdaleen Jooste giving a platform to 4iP Council, a major part of Team UPC. "4iP Council launched a practical interactive web guide," it says," 4 Reasons 4 Copyright. The guide helps innovative European businesses to understand the strategic value of copyright as an intellectual property tool. The four key benefits of copyright, namely: competitive edge, reputation, collaboration and funding, are discussed in the guide. Get more information here."

So now they do ads for patent and copyright maximalists. Front groups. As we pointed out very early in this series, the only coverage of the FCC's decision at IP Kat was Team UPC puff pieces. It was almost as though Team UPC 'runs' the blog. This once-courageous blog turned from critic to booster of UPC, including spin of it (even megaphone of Team UPC/Hoying!). "Anonymous" wrote three Fridays ago:

Dear Mr Hoying,

Start reading the decision of the FCC before uttering the expectation that it might be possible to "try to draft a text that would make it possible for European Economic Area countries and perhaps even other countries to join".

The FCC has made it abundantly clear: the UPC is only open to EU member states. If the UPC is not yet fully dead, the EPLA is!


Benjamin Henrion then said: "The Court also trashed the way UPC's Rules of Procedure [...] Mr Ramsay will have to look for another job?"

Here's the full comment:

The Court also trashed the way UPC's Rules of Procedure were made by this unelected Administrative Committee without parliamentary involvement:

"UPC rules of procedure were enacted by the Administrative Committee, whereby Art41 did not provide for parliamentary participation as the relevant legal basis in this respect and did not contain any express authorization for the UPC judges to undertake fundamental rights."

Mr Ramsay will have to look for another job?


Maybe there were more comments, but the blog censors some (usually those that don't favour Team UPC or EPO management). So only the above pair of comments can be seen, both hostile towards the original post (but not hostile enough to be deleted).

In another thread in the same blog a retired attorney wrote:

Yes, I am glad we are both well. The times might already be, as you say, "difficult" but they are going to get a whole lot more "difficult" before they get better. Let us hope that debating patent law, while confined at home, achieves something useful to all of us.


Times are only difficult for Team UPC. For people who are busy remote-working (e.g. coding) life will be better now because risk of being sued is vastly reduced.

Comments

Recent Techrights' Posts

The Legacy of Gerstner (Rapid Destruction) Continues at IBM
They say IBM never recovered from Gerstner, who instead of saving the companies (IBM and others he claims credit for) set up a collision course of rapid shrinkage
'Cancel Culture' Isn't About Empathy, It's About Making Good People Homeless
Seeing what they did to RMS, remember that those "concern trolls" are about everything other than ethics and morals
Daniel Pocock in The Nerve
Lots of publicity owning to the enrollment
SLAPP Censorship - Part 148 Out of 200: The Manosphere
Those people don't just threaten our national sovereignty, press, democracy etc. They also endanger women everywhere.
GNU/Linux Reaches 10% "Market Share" in statCounter
As of this morning
Voluntary' Layoffs and 'Proper' Layoffs at IBM This Year
When will IBM management confess that 15% of staff is already marked for potential removal?
 
Microsoft Sees Windows on Fire, Pours Gasoline Over It
The latest move from Microsoft defies logic
Racing Towards "Woman Zero"
They don't seem to value women
Counters in Clacton Commence in 3 Hours at Clacton Leisure Centre
Even a few hundreds of votes for Pocock would be considered a great success
Swiss army to attack 2,900 domain name owners? Cult of ETH Zurich & Debian
Reprinted with permission from Daniel Pocock
IBM's Bluewashing of Confluent Carries on, More Layoffs Coming, Same Likely Applicable to Red Hat
September 30 is a day before this next phase of bluewashing at Red Hat
Headlines About Microsoft and Ransomware, But They're "SPONSORED FEATURES" at The Register MS
The Register MS habitually publishes LLM slop too
Links 13/08/2026: K-pop Suicide Due to Social Control Media, Legal Problems for Facebook Over Safety
Links for the day
Why Support Daniel Pocock
Our readers who come from IBM and the EPO are certainly familiar with the tactics of censorship and what that sort of censorship leads to
Gemini Links 13/08/2026: Health, Partial Eclipse Sketches, and Guilelessness
Links for the day
15% of IBM Marked for Potential Termination, PIPs are the "New Layoffs" (or RAs) at IBM
IBM is a dying company, but it does not want the press to say this or for people to understand that
Links 13/08/2026: "The Rise of the Measles-Industrial Complex" and Spotify Curbs Slop
Links for the day
Daniel Pocock on Australia's 9News (Nine Entertainment)
This gives visibility to software and technology issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 12, 2026
IRC logs for Wednesday, August 12, 2026
Gemini Links 12/08/2026: Losing a Child, "The OpenWeb Needs Diversity", and Gmail Woes
Links for the day
Links 12/08/2026: Trouble in Proprietary Chaffbot Company 'Open' 'AI' and Slop "Investors Are Suddenly Quaking in Their Boots"
Links for the day
Daniel Pocock in National News in Australia the Day of the Election
"Posted 20m ago" (Thursday in Australia), it's timed nicely to help illuminate Pocock and give him last-minute exposure
The Register MS Has Just Published Slop Spam for NVIDIA and HP, It Says "AI" 43 Times
As usual, The Register MS ought to be ashamed of itself for participating in it
The Slop Debt (Trillions of Dollars, Money That Does Not Exist) is Causing the Collapse of GAFAM et al
This slop hype will end up like "metaverse", except "metaverse" never ended up justifying trillions of dollars in "investment"
Simpler Means More Reliable
The simple old way of local storage and local backups is still the best
Clownflare and statCounter See GNU/Linux at ~8% in Norway
Norway has long championed GNU/Linux compared to the rest of Europe
Social Control Media is the Opposite of Information
That says a lot about social control media
Clacton manifesto: Reform UK hacking, leaks, raw sewage & 8GB Swiss Archive
Reprinted with permission from Daniel Pocock
statCounter Today: ChromeOS + GNU/Linux Measured at 10.98% Globally (Desktops and Laptops)
Clownflare does not quite refute this
The Register MS Has Just Published Fake Article About Replacing Linux With Proprietary Google System, "Sponsored by ASUS."
All of those things are proprietary GAFAMware
Links 12/08/2026: "X’s Advertising Business Continues to Tank", "Stop Feeding the Billionaires"
Links for the day
Lack of Empathy Rampant in the Sector
Sociopaths are sociopaths. They cannot help themselves
Before the "Big Tech" (That Almost Everybody is Forced to Use) Was Controlled by Men Who Hate Women
Such rejection and even hatred of women qualifies/enshrines oneself as an "incel"- a dangerous and violent online cult
In Defence of Hoarding CDs, More So When Digital Restrictions (DRM) Come to More 'Content' and Even Offline/Physical Media Won't Work When Some Remote Server Says "No" (or Goes Offline)
made to serve and entertain owners, not to allow companies like Sony and Microsoft subjugate owners
Clownflare: In Finland, Birthplace of Linux Kernel, GNU/Linux Now Bigger Than Apple's MacOS
It's not just in Finland where we see such trends
More Mass Layoffs Due to Monumental Debt Excused as "Investment" (in Slop)
They're maxing up the private debt and their country is already insolvent
METRO Interviews Daniel Pocock a Day Before Election
The article is behind a wall that blocks people who block ads
Enshittification More Than a Century Ago
Is enshittification more than a century old?
GNU in 1991 (35 Years Ago): Compiler and Lots More Ready, Linux Now Becoming 'Vibe Heap' (Slop Replaces Real Code)
Without curbs in place, many Linux developers will flee
Company-Wide 'Reorg' ('Redundancies') at IBM, Mark October 1st 2026 in the Calendar
Is Oct 1 the new Apr 1?
SLAPP Censorship - Part 147 Out of 200: The SLAPP Series is 'Slow' Because Timing Matters
It is important to stress that after this series is finished there will be many more series, with some of them showing raw evidence of what we've been illuminating and telling
Even ZDNet Accepts That "Market Share" of GNU/Linux May Have Doubled on Desktops and Laptops
GNU/Linux is definitely growing, and quite quickly in fact
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 11, 2026
IRC logs for Tuesday, August 11, 2026
Microsoft Layoffs and Shutdowns Continue This August, Morale Low, Employees Set Up Giant Inflatable Rat to Protest Against CEO
nothing demonstrates their anger better than what they did to the CEO
Gemini Links 12/08/2026: Sophomore Slump, Mandatory Phone Addiction, and Vintage Web Game Gallery
Links for the day
Summer Layoffs and 'Redundancies' (Cost-Cutting) at Microsoft and IBM
IBM is merely buying its revenue - an unsustainable strategy that aims to hide the company's rapid decline
Links 11/08/2026: Tensions South of China and Stingy "YouTube Doubles the Eligibility Requirements" (to Get Paid)
Links for the day
The Independent (UK) Today: "Independent candidate Daniel Pocock is concerned about media issues."
Let's see what results say around Friday
Gemini Links 11/08/2026: Stargate, Stargazer, Air-gapped Environments, and SystemVerilog Simulator
Links for the day
The Slop ('Linux') Foundation Celebrates 35 'Linux' Years a Week After GNU/Linux Turns 43
they'll keep on trying to change history
Keumars Afifi-Sabet Produces Useful, Informative Coverage Regarding Privacy
And it's good for Richard Stallman
Confirmed: Microsoft Layoffs in August 2026, Entire Operations Shut Down Too
Microsoft is just bleeding
Paying With Cash in 2026
Cash isn't going away. Not any time soon.
Blocking Tor Is Not a Solution, It's Paranoia
Tor is not a crime
Oligarchs and Their Footsoldiers Are Most Enthusiastically Loud About the Things They're Attacking
Like "Microsoft loves Linux"
FOSSY (SFC) Platforming GAFAM, Sells Endorsement
Houston, we have a problem here
Not Allowing Misogyny and Misogynists to Run the World
We stand with (and for) equality, justice, and freedom
"SPONSORED EXPLAINER" at The Register MS is Just More SPAM "Sponsored by HPE."
This is a great example of crap 'journalism'
IBM Won't Hire (or Hardly Hire) This Year
IBM is bluffing with buzzwords while shrinking out of existence and reducing salaries
SLAPP Censorship - Part 146 Out of 200: An Industry of Plagiarism, 'Normalised'
they pursue personal enrichment by stealing from Free software developers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 10, 2026
IRC logs for Monday, August 10, 2026
5.1k Capsules Known to Lupa, Gemini Protocol Crawler
If no limits (e.g. 10k max per capsule) were imposed on crawling, there would likely be millions of pages in the database
Gemini Links 11/08/2026: Waking Up Earlier, Whining About LLMs as Destructive Plagiarism
Links for the day
Links 11/08/2026: "The Enemy Is the Platform" and 'Vibe' 'Coding' Shown to be Little But Plagiarism
Links for the day