06.22.20

Lawyers That Lie Chronically

Posted in Deception, Europe, Patents at 2:42 pm by Dr. Roy Schestowitz

(Mentally) Ill man or Tilmann?

We cheated to... Win. We got... Fried.

Summary: The courts in the United States and in Europe are pushing back against the cabal of litigation firms and patent trolls; instead of evolving, as they ought to, law firms charge against truth itself

THE legal ‘industry’ does itself no favours any time it lies and cheats, emboldening those who accuse it accordingly.

Check what Watchtroll published today: “Using Alice’s Approach to Patent-Eligibility to Draft Patent Claims” (link omitted, as usual, but that’s the headline, which can be searched).

“The legal ‘industry’ does itself no favours any time it lies and cheats, emboldening those who accuse it accordingly.”So another patent fanatic tells us how to break the rules to get fake patents like software patents. Instead of just advising against it… knowing the extremely low legal certainty associated with those.

But wait, it gets worse. Hours ago we found this self-satirising nonsense entitled “Period of provisional application Unified Patent Court Agreement can start this year” (this is their headline, putting quotes around the lie so as to amplify it without taking responsibility for it!).

“Concerned observer” asked, having detailed the actual situation, “bearing all of this in mind, why would any sane lawyer think that it is a good idea to press ahead regardless?”

Here’s the full comment, which is far more accurate than any single sentence of the anonymously posted (“Kluwer Patent blogger”) propaganda piece:

“It may be derived from Art. 25(2) VCLT governing provisional application that before that date cancellation by a State is possible by simple notification”

Well, you have got to hand it to Herr Tilmann. I mean, who else could have come up with the idea that a “simple notification” from a Contracting State could have the same effect as formal withdrawal of an instrument of ratification?

I had been under the impression that, unless and until it withdraws its instrument of ratification, a State that has ratified an international treaty not only remains a Contracting State to that treaty but is also legally obliged (by Article 18(b) VCLT) to “refrain from acts which would defeat the object and purpose” of that treaty.

I had also been under the impression that Article 25(2) VCLT only applies if and when a treaty is subject to provisional application … which, of course, will NOT be the case for the UPC Agreement unless and until Germany ratifies the Protocol on Provisional Application (PPA).

Of course, if the UK does withdraw its instrument of ratification of the UPC Agreement, then this means that the PPA cannot enter into force. This is because Article 3(1) of the PPA makes the UK’s ratification of the UPC Agreement a requirement for entry into force of the PPA. It may also have terminal consequences for the whole Unitary Patent Package.

On the other hand, if the UK does NOT withdraw its instrument of ratification of the UPC Agreement, then CJEU opinion 1/09 makes it clear that Agreement will contravene EU law (at least after the end of 2020).

So, pressing ahead without any clarity regarding the UK’s position means either that there will be no provisional application period (with consequences including making it impossible to recruit judges) or that the court will contravene EU law. And this is without even considering the possibility that Germany may now be precluded from ratifying the UPC Agreement, either by the AETR case law of the CJEU or by its own Basic Law (as per para 166 of the FCC’s decision).

So, bearing all of this in mind, why would any sane lawyer think that it is a good idea to press ahead regardless?

Another commenter carried on: “and patentees worldwide are waiting for such completion of the European patent system to come for the same long period. As far as I can see, German inventors and industry are continuing their strong support for this modern system completing, at the court level, the central grant system of the EPC [.] I see you’re working more for non-EU countries. And a few select, multinational German companies, whose opinions are therefore the ones you can see. I wonder what the BVerfG will say if called upon again, and pointing to the flaws otherwise indicated in their opinion, and why Government has not commented or reacted upon those.”

“So another patent fanatic tells us how to break the rules to get fake patents like software patents.”And from Jan Verbist (slightly reformatted comment): “No question asked about the constitutional complaints. No mention of the court decision on “this agreement is only open to EU member states”. No mention neither of the more expensive costs of defense for SMEs [PDF]. IPO: “The costs of the new system are likely to hit SMEs the hardest.””

As we said this morning, Germans need to press on and defend their constitution, which is under attack by Tilmann et al (see what they did to the Italians).

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

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. Suppressed Facts of the Free Software Movement and Its Community of Volunteers – Part IV: Stories From the Depths of the Free Software Foundation (FSF)

    To reduce or alleviate suspicions and a potential of mistrust the FSF needs to become more transparent and liberate information (such as the real reason Bradley Kuhn left, as noted in the previous part)



  2. Links 18/1/2021: GNU Radio 3.9, Wikipedia at 20

    Links for the day



  3. InteLeaks – Part XIX: Intel's Web 'Experts' Seen as Microsoft Champions Dealing With the Platform Microsoft is Looking to Destroy

    Things aren't rosy at Intel because the hires aren't suitable for the job of documenting and/or presenting GNU/Linux-centric products (whose target audience is Free software developers)



  4. Adding Images as Characters to the Daily Bulletins of Techrights

    Our daily bulletins now have inside them coarse graphics, depicted using characters alone, and the tool used to generate them announced a new release earlier today; we showcase some of its features (in a new video)



  5. Links 18/1/2021: Weekly Summaries and Linux 5.11 RC4

    Links for the day



  6. IRC Proceedings: Sunday, January 17, 2021

    IRC logs for Sunday, January 17, 2021



  7. The Oligarchs' Parties Will Never Choose the Side of Software Freedom Because Free Software Cannot Bribe Officials

    The tough reality is that next week's (or this coming week's, depending on what Sunday counts as) inauguration ceremony is partly symbolic as all the same and important issues remain largely untouched, for corporations control almost everything of significance



  8. COVID-19 Has Actually Helped Software Freedom Due to Financial and 'Spare Time' Factors

    Developers and users are increasingly exploring what the Free software world has to offer; this is actually measurable and it contradicts claims to the contrary



  9. Future Plans and Using Videos to Complement Text

    Remarks on recent and impending site changes; We are not replacing text with video, we're just trying to enhance the presentation a bit, especially where visuals help make a point or where browsing through Web sites (or leaks) is more suitable than static, linear presentation



  10. InteLeaks – Part XVIII: Intel Does Not Know How to Properly Do Research and It Seems Apparent Unscientific Methods Are Used to Justify Poor Documentation

    There appears to be a severe crisis at Intel; they cannot recruit scientists (or those whom they recruited are walking away) and as a result the company produces bad products with poor documentation (or highly defective chipsets that top-notch marketing cannot compensate for); in this video we walk through some examples of how studies are being conducted (as already noted in Part XVII)



  11. Suppressed Facts of the Free Software Movement and Its Community of Volunteers – Part III: The Free Software Foundation (FSF) Seems More Like a Victim of Destabilisation Campaigns

    The Free Software Foundation (FSF), which turns 36 later this year, is looking to raise money that helps support the GNU Project, soon 38 years old and likely the most important Free software project to exist (ever)



  12. Links 17/1/2021: EasyOS on Raspberry Pi and GNU libsigsegv 2.13

    Links for the day



  13. InteLeaks – Part XVII: The High Cost of Microsoft Windows Users in GNU/Linux Development Teams

    A look inside Intel explains what holds back the technical team, which bemoans the lesser technical people getting in the way and not even using the product that they are writing about



  14. IRC Proceedings: Saturday, January 16, 2021

    IRC logs for Saturday, January 16, 2021



  15. Suppressed Facts of the Free Software Movement and Its Community of Volunteers – Part II: Why Bradley Kuhn Left the Free Software Foundation (FSF)

    The founder of the FSF is still at the FSF (albeit not publicly) and the person who lobbied to oust him has basically been 'banished' by the founder



  16. Links 16/1/2021: LibreOffice 7.1 Release Candidate, Zeroshell 3.9.5, FreeBSD Report, and GhostBSD 21.01.15

    Links for the day



  17. Free Speech on the Web Not Respected by Companies That Used to Support Software Freedom

    Mozilla does not have to make its Web browser about politics; it can just make an excellent piece of software that is neutral about the Web pages that it renders, based on the user's personal preferences



  18. Suppressed Facts of the Free Software Movement and Its Community of Volunteers – Part I: We Are Under Attack by Corporations and Their Salaried Facilitators

    The corporate takeover (taking over the Commons, produced by volunteers who are motivated by altruism) is a subject we must speak about and somehow tackle; this series will highlight uncomfortable or difficult truths



  19. InteLeaks – Part XVI: Intel Cannot Do Command Line, Even When It's Vastly Simpler and More Suitable for Development

    The Developer eXperience (DX) team at Intel seems to be full of Microsoft drones instead of developers and/or mildly technical people; this has not only harmed the quality of documentation but also upset staff, alienating people who actually understand what developers need (more than buzzwords like "DX")



  20. IRC Proceedings: Friday, January 15, 2021

    IRC logs for Friday, January 15, 2021



  21. Links 15/1/2021: KaOS 2021.01, Whisker Menu 2.5.2, Istio 1.8.2

    Links for the day



  22. InteLeaks – Part XV: Intel is Blind to Blind and Colour-Blind People

    Intel does not seem to grasp very basic concepts associated with accessibility; nevertheless, Intel shamelessly tries painting itself as "woke" and a "justice warrior" (policing speech while overlooking much-needed practical work)



  23. Links 15/1/2021: GStreamer 1.18.3 and Proton 5.13-5

    Links for the day



  24. IRC Proceedings: Thursday, January 14, 2021

    IRC logs for Thursday, January 14, 2021



  25. Links 14/1/2021: Wine 6.0, Debian 11 Freeze, and Alpine Linux 3.13

    Links for the day



  26. Patent Propaganda and UPC Jingoism Instead of Actual News

    Today's so-called 'news' about the EPO (Europe's second-largest institution) and the failed UPC is nothing short of shameless propaganda



  27. Links 14/1/2021: Season of KDE 2021 Selection, Mesa 21.0.0-RC1, Tor Browser 10.0.8

    Links for the day



  28. InteLeaks – Part XIV: Technical Incompetence and Incoherence Leading to Alienation and Brain Drain

    The idea that Intel "loves Linux" or "supports Linux" is somewhat of a sham; one needs only to consider what Intel insiders are saying about that, having witnessed it firsthand



  29. IRC Proceedings: Wednesday, January 13, 2021

    IRC logs for Wednesday, January 13, 2021



  30. Links 13/1/2021: $150 RISC-V Computer With GNU/Linux, Intel Replaces CEO Again, and New Fedora 34 Plans

    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