Bonum Certa Men Certa

Taylor Wessing's Latest UPC Spin: No More/Additional Complaints Against UPC Lodged

None are necessary. As if any more need to be filed and assessed...

The deadlock on the unified patent convention



Summary: Now that the UPC is dead in the water (having drowned in the FCC) the UPC hopefuls who belittle it as merely a "deadlock" look for new angles or novel types of spin to make the UPC seem or feel sort of invulnerable to criticism and constitutional challenges (false statement or spin at best)

THE European Patent Office (EPO) may never see courts that are receptive or lenient towards millions of fake European Patents.



The Trojan horse for software patents in Europe (among other things) is up in flames. Benoît Battistelli cheated and lied his way, rumours say in order to become chief of this thing. António Campinos has already lied about it several times since the FCC's decision, which says a lot about Mr. Campinos. Another liar and wannabe king. His father would have certainly disapproved if he was still alive...

"Team UPC remains vastly irrational and too optimistic about something which is clearly dead and hopeless."Some people are still in denial about the fall of the UPC, a sordid mess, despite ample evidence. Maybe they also believe that Elvis is in hiding somewhere, maybe in a bunker somewhere in Argentina along with Adolf Hitler's secret children. Whatever it is, we're dealing with mostly delusional people here.

Well, earlier this month, a whole month and a half later, Taylor Wessing's Anja Lunze published this piece, soon to be promoted through Lexology for extra visibility/reach. We examined it very quickly (the headline itself underestimates the severity of things) and determined that Lunze (Munich-based litigation 'industry') is wrong in various places. Team UPC remains vastly irrational and too optimistic about something which is clearly dead and hopeless. Here's the final part, singled out for details (there's more spin and errors elsewhere):

IV. Points left open - no possibility of a new constitutional complaint

With regard to the further future of the UPCA, it should be emphasised that the Federal Constitutional Court in para. 166 leaves it open whether the establishment of an unconditional primacy of Union law in Art. 20 UPCA violates Art. 20 I and II in conjunction with Art. 79 III of the Basic Law, because the nullity of the Act of Approval already results from other reasons.

This is a major uncertainty for the future. However, a constitutional complaint cannot be lodged again on this issue. Such a complaint always requires that the complainant himself is directly affected by the act of state sovereignty. As long as the Bundestag observes the formal requirements, in particular the requirement of a two-thirds majority, there is no violation of fundamental rights and thus no direct concern of the individual. Therefore, even after the most recent decision of the Federal Constitutional Court, there is still no possibility for an individual or a company to review the constitutionality of a new consent law in the abstract. Such abstract examination of a law could only be initiated by the Federal or a State Government or a quarter of the members of the Parliament.


There can be additional complaints based on additional grounds, which do exist. We named some of these before. In fact, the court did not yet deal with all the substance of the first complaint (2017), which poses additional barriers to the UPC hopefuls. There are, putting Germany aside, other countries expressing similar concerns with legal outcomes to that effect. That more or less dooms the UPC as a concept. There are no simple workarounds. This is why Team UPC rushed the whole thing, fabricated 'news', lied to politicians and so on. Is Taylor Wessing eager to add itself to the list of disgraced firms that lied to clients for years? Watch this article from the Birdy liar Wouter Pors. It did not age well, did it? It's time to stop the lies. They do a disservice to everyone, even to the liars.

Recent Techrights' Posts

'Dark Patterns' or a Trap at the European Patent Office (EPO)
insincere if not malicious E-mail from the EPO's dictators
There's an Abundance of Articles About the New Release of Kali Linux, But This One is a Fake
It can add nothing except casual misinformation (fed back into the model to reinforce lies)
IBM's Leadership Ruining Lives of People Who Thought Working for IBM Would be OK
Nobody gets fire-lined for buying IBM?
The United States' Authorities Ought to Become Enforcers of the General Public License (GPL) for National Security's Sake
US federal agencies ought to pursue availability of code and GPL compliance (copyleft), not bans
The Problem of Microsoft Security Problems is Microsoft (the Solution is to Quit Microsoft) and "Salt Typhoon" Coverage Must Name CALEA Back Doors
Name the holes, not those who exploit them.
A "Year of Efficiency"
No, we don't mean layoffs
 
Microsoft: "Upgrade" to Vista 11 Today, We'll Brick Your Audio and You Cannot Prevent This
Windows Update is obligatory, so...
The Unspeakable National Security Threat: Plasticwares as the New Industrial Standard
Made to last or made to be as cheap as possible? Meritocracy or industrial rat races are everywhere now.
Microsoft's All-Time Lows in Macao and Hong Kong
Microsoft is having a hard time in China, not only for political reasons
[Meme] "It Was Like a Nuclear Winter"
This won't happen again, will it?
If You Know That Hey Hi (AI) is Hype, Then Stop Participating in It
bogus narrative of "Hey Hi (AI) arms race" and "era/age of Hey Hi" and "Hey Hi Revolution"
Bangladesh (Population Close to 200 Million) Sees Highest GNU/Linux Adoption Levels Ever
Microsoft barely has a grip on this country. It used to.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 19, 2024
IRC logs for Thursday, December 19, 2024
Gemini Links 19/12/2024: Fast Year Passes and Advent of Code Ongoing
Links for the day
Twitter is Going to Fall Out of Top 100 Domains as Clownflare (DNS MitM) Sees It
evidence of Twitter's (X's) collapse
[Meme] Making Choices at the EPO
Decisions, decisions...
Large and Significant Error Correction in South America?
Windows now has less than half what Android achieved in terms of "market share"
Links 19/12/2024: Astronaut Record and Observer Absorbed
Links for the day
Links 19/12/2024: Seven Dirty Words and Isle Release v0.0.3 (Alpha)
Links for the day
Links 19/12/2024: Nurses Besieged by "Apps", More Harms of Social Control Media Illuminated
Links for the day
15 Countries Where Yandex is Already Seen to be Bigger Than Microsoft (in Search)
Georgia, Syrian Arab Republic, Cyprus, Moldova, Ukraine, Armenia, Azerbaijan, Kyrgyz Republic, Uzbekistan, Kazakhstan, Turkmenistan, Tajikistan, Belarus, Turkey, and Russia
Links 19/12/2024: Magnitude 7.3 Earthquake and Privacy Camp
Links for the day
Gemini Links 19/12/2024: Port Of Miami Explosion, TurboQOA, Gnus
Links for the day
Fake Articles About 'Linux'
Dated yesterday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 18, 2024
IRC logs for Wednesday, December 18, 2024
FSF Has Made It Halfway to Its Target (Funding Goal) a Week Before Christmas Day
$400,000 definitely seems reachable now, especially if they extend the "deadline"
[Meme] The Master Churnalist
Speaking of press releases being passed off as "journalism"
Spamnil's TFiR: Still Pretending Press Releases Are 'Articles' (TFiR 'Originals' as Plagiarism or Fluff)
Same as last year
Links 18/12/2024: Zakir Hussain Dies, TuneIn Layoffs
Links for the day
Links 18/12/2024: Karate Love and Advent of Code
Links for the day
Windows (or Microsoft) Has Become the "One Percent" (Market Share) in Chad
How long before it falls below 1%?
Arvind Krishna, IBM's CEO, Will Eventually Suck Up to Donald Trump Like His Predecessor Did or the Watson Family Did With Adolf Hitler
Literally Hitler
Being a Geek Need Not Mean Being Sedentary
"In the past 18 months," Berkholz writes, "I’ve lost 75 pounds and gone from completely sedentary to fit, while minimizing the effort to do so (but needing a whole lot of persistence and grit)."
GAFAM Kissing the Ring of the Mafia Don
"resistance" to dictatorship and defenders of democracy?
Slop Spaghetti From the Chef, Second Time Today
Fresh slop ready out the oven!
IBM - Like Microsoft - Lies About the Number of People It's Laying Off (Several Tens of Thousands, Not Counting R.T.O. "Silent" Layoffs and Contractors/Perma-Temps)
How many waves of silent layoffs have we seen so far at IBM this year?
Links 18/12/2024: EU Launches Probe Into TikTok (At Last!)
Links for the day
Links 18/12/2024: Doha/Qatar Trafficking, Bloat Comfort Zone, and Advent of Code 2024
Links for the day
Saving What's Left of Decent and Independent Journalism on the Web
We increasingly (over time) try to make local copies (hosted on our server) of important documents; it's hard to rely on third parties
[Meme] Microsoft's Latest Marketing Pitch
"Stop Being Poor; buy a new PC with TPMs"
In South Africa, a Very Large Nation, Web Developers Can Already Ignore Microsoft Browsers (Edge Measured Below 3% in 55 Nations)
The dumb assumption you must naively test with Microsoft browsers is no longer applicable in a lot of places
Open Source Initiative (OSI) is the Voice of Bill Gates and Satya Nadella
Not hard to see what they've done with the money
Microsoft Boasts That Its (Microsoft-Sponsored) "Open Source AI" Propaganda Got Cited in Media (That's Just What the Money Did)
This is a grotesque openwashing campaign
In Many Places Around the World, Perhaps as Expected, Yandex is Nearly Bigger Than Microsoft (Like in Several African Countries)
Microsoft may soon fall to "third place" in search
Keeping Productive This Christmas
We've (pre)paid for hosting till almost January 2026 and fully back on the saddle
IBM and Canonical Leave Money on the Table Because Microsoft Pays Them Not to Compete and Instead Market Windows, WSL, Microsoft 'Clown Computing', and TPMs
Where are the regulators?
Other Editors Who Agree "Hey Hi" (AI) is Just Hype But Won't Say So Publicly as It Might Upset Key Sponsors
Some media would gladly participate in a scam to make money
Brian Fagioli's Latest "Linux" Article Appears to be Fake
Another form of plagiarism/ripoff using bots?
IBM (and Red Hat) is a Patent Troll, Still Leveraging Software Patents to Extract Money Out of Other Companies by Suing Them
Basically, when it comes to patents, IBM is demonstrably part of the problem, not the solution
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 17, 2024
IRC logs for Tuesday, December 17, 2024