04.07.20

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)

Posted in Deception, Europe, Patents at 5:16 am by Dr. Roy Schestowitz

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.

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/2020/04/07/the-fcc-spin/

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

A Single Comment

  1. hashsecure said,

    April 8, 2020 at 1:50 am

    Gravatar


    Windows 10 New Looks: What’s New in the Windows 10 Update – 2020

    The Microsoft released a commemorative video to Windows 10 , celebrating the operating system version hit the barrier of 1 billion activations. The clip was posted on the Instagram profile of Panos Panay, head of the company’s Windows devices division.
    It starts as a nostalgic tribute, showing the boot screen and icons of several old versions of the system. However, it soon starts delivering some visual changes that were already expected and will arrive in future updates. Lets checkout windows 10 new looks and what is new updates and changes on new update.

What Else is New


  1. The Patent Battles in Europe Are Connected to the War on GNU/Linux (as a Community-Led Effort)

    Monoplisers of GNU and Linux want us to think that OIN is the solution while they actively lobby for software patents in Europe and the people in charge of Europe’s second-largest institution and Europe’s largest patent office help them; this long video contains thoughts about news from the past couple of days



  2. Richard Stallman: Freedom is the Goal

    What Richard Stallman (RMS) told me in person on his trip here



  3. IRC Proceedings: Wednesday, April 14, 2021

    IRC logs for Wednesday, April 14, 2021



  4. EPOLeaks on Misleading the Bundestag -- Part 18: Zero Tolerance for “Lawless Zones”?

    "It comes as no surprise that Maas appeared as a guest of honour at the European Inventor of the Year Boondoggle in Berlin in 2014 where he was seen on stage clapping along with the EPO President."



  5. Richard Stallman's Honors and Awards (and Why He Resigned in 2019)

    Reproduced with permission



  6. Links 14/4/2021: Alpine Releases and X.Org Server 1.20.11 Release (Security)

    Links for the day



  7. Links 14/4/2021: EasyOS Dunfell 2.7, Tor Browser 10.5a14

    Links for the day



  8. EPOLeaks on Misleading the Bundestag -- Part 17: Jawohl, Herr Minister!

    A French-German co-production of "Yes, Minister!" starring Raimund Lutz, Heiko Maas and Christoph Ernst. Directed by Benoît Battistell.



  9. Over 1,000 EPO Workers Initiate Legal Challenge Against the EPO's Attack on Salaries (in Defiance of Assurances Made to Workers Who Relocate to Another Country With Whole Families)

    The EPO’s attack on workers and pensioners isn’t going ahead without challenge; while the “Mafia” (what EPO workers call the management) loots the organisation it takes away money from the workers — i.e. from besieged folks who do all the work and face growing workloads during a pandemic



  10. Who is Richard Stallman?

    Reproduced with permission



  11. IRC Proceedings: Tuesday, April 13, 2021

    IRC logs for Tuesday, April 13, 2021



  12. Links 13/4/2021: FreeBSD 13.0 Final, Slackware 15.0 GNU/Linux Beta Release and OpenMandriva Lx 4.3 Plans

    Links for the day



  13. IBM Stroking the Masters

    IBM continues to diminish its weakly-supported thesis about the word “Master” being inadequate in all contexts and IBM’s front group, the Linux Foundation, has just promoted more of that same self-serving agenda in the corporate media (screenshot below from 5 minutes ago)



  14. The 'Stallman Support' Web Site and How You Can Support Truth, Not Just Software Freedom

    The Stallman Support Dot Org Web site (stallmansupport.org, "In Support of Richard Stallman“), endorsed by Stallman himself, sets the record straight while the corporate media keeps peddling lies and distortions



  15. An Examination of Correspondence Between the Tweedledum-Tweedledee Duo, Lutz and Ernst

    A quick look at the letters and E-mails sent back and forth from the current VP5 and former VP5 of the EPO, Europe’s second-largest institution that the German government has let exist outside the rule/reach of any law



  16. EPOLeaks on Misleading the Bundestag -- Part 16: An Inimitable Duo

    How the efforts to reform the EPO's data protection framework were derailed by the actions of Lutz and Ernst



  17. How the GNU Operating System Really Started (Almost a Decade Before Linux Came Out)

    Later this year Linux turns 30, but Linux is just a component added to the GNU Operating System, developed a very long time earlier based on the design of UNIX (the mainstream media likes to distort that part of history); here’s the creator of the GNU Operating System, telling me his story here in the United Kingdom (we did many clips like these and this one seems very timely)



  18. Richard Stallman: The Other Things I Have to Say I Put on Stallman.org... Reject the Idea That You Have to Accept Something Like Facebook

    Transcript below



  19. An Ode to Dr. Ernst

    THE BUDGET is right...



  20. During Pandemic, With Rising Inflation, Corrupt EPO Management With Its 'Shadow Budget' Cracks Down on Education and Childcare Allowance

    While hoarding and misusing money (by basically granting lots of patents that ought not be granted) the management of the EPO hides it aside, then proceeds to crushing salaries and benefits of staff, even pensioners



  21. IRC Proceedings: Monday, April 12, 2021

    IRC logs for Monday, April 12, 2021



  22. In Support of Richard Stallman Normalizing Truth, Reason, Dialogue: Introduction

    Reproduced with permission.



  23. Lunduke: Stallman & The FSF Respond To The Mob!

    A video response in support of RMS



  24. Links 12/4/2021: RSS Guard 3.9.2 and IBM-Funded Hacks Keep Attacking RMS

    Links for the day



  25. EPOLeaks on Misleading the Bundestag -- Part 15: Different Strokes for Different Folks

    Dr. Ernst and Raimund Lutz colluded to protect EPO management from a much-needed investigation; Ernst has since then been rewarded with a do-nothing job by António Campinos



  26. EPO President Campinos Lying to JURI

    Benjamin Henrion recorded today's hearing and uploaded it. “Campinos,” according to him, claims that (to paraphrase) “London [is] irrelevant to get UPCA running” (that’s very obviously a lie), so what we have here is António Campinos lying on behalf of the entire EPO, just as Benoît Battistelli did. Campinos has decided to “have fun,” we’ve been told, speaking of UPCA “upper law” (which is meaningless junk) at around 51:00. He clearly didn’t come prepared and he mumbles a lot. What awful leadership for what was supposed to be the best of Europe’s science…



  27. Supporting RMS With a Meme!

    As the saying goes, a picture is worth a thousand words.



  28. If You Want to Support a Real Community...

    We’ve just mentioned the fake 'community' of openSUSE and now it’s time to examine what Fedora has truly become under IBM



  29. OpenSUSE Hates Your Freedom, But It Loves the Proprietary Software Reseller That Is the True 'Master' of OpenSUSE

    OpenSUSE is inclusive of Microsoft and other companies that attack human rights and [cref 141916 enable nationalists]; but apparently what bothers OpenSUSE very, very much is the people who started the operating system SUSE is selling



  30. Links 12/4/2021: Lagrange 1.3.2, Linux 5.12 RC7

    Links for the day


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