12.05.22

Gemini version available ♊︎

Unified Patent Court (UPC) ‘Delayed’ Again, As Usual, as Unitary Patent Boosters Caught Up in Lies and Scandals

Posted in Courtroom, Europe, Law, Patents at 9:47 am by Dr. Roy Schestowitz

This is what Team UPC said in 2014:

Summary: “UPC [is] delayed by 2 months,” a source has told us, dubbing it “good news” and reaffirming what we’ve said this past year; this litigation lobby's 'wishlist' system isn’t legal, it’s not ready, there are yet more scandals, and journalists have been catching up with these scandals

“Time for more lawsuits,” a reliable source has told us. Expect UPC to face several more obstacles, though Team UPC will never admit that UPC is doomed.

Lately we’ve been briefing reputable journalists on this matter and they will inform the public. Kangaroo courts that are neither legal nor constitutional should never be formed. If they do, they will soon thereafter be abolished. It doesn’t take a genius to see that after Brexit UPC is simply impossible, no matter all the other issues.

About a month ago we asked Germans (or others) to contact their politicians. They can prevent ratification. As a reminder, the UPC harms the reputation of Germany and the EU because if they allow it, then it emboldens critics; it would make the German government and the European Commission look very eager to start an illegal court — all due to heavy lobbying, lies, and distortions.

“…it would make the German government and the European Commission look very eager to start an illegal court — all due to heavy lobbying, lies, and distortions.”“It would help to point to some official EU documentation to that effect,” a reader reminded us. Well, legally speaking, UPC cannot start because a) it strictly requires the UK signing (but it cannot because it left the EU); b) it causes various constitutional issues, some of which confirmed by courts already; c) there was no legitimate economic analysis; it was fabricated a long time ago and those who perpetrated this fraud even said they refuse to allow.

“The European Parliament has a committee dedicated specifically to constitutional matters,” the reader recalled, “so this might be relevant to bring to them.” Germans can use the list in this page (full contacts).

Hungary took this to court as well. It was ruled unconstitutional.

I myself decided to do my part, having contacted my MEP and said:

Commissioner Breton is refusing to properly answer your questions regarding the UPC. He evades these questions on purpose. There is a deep conflict of interest there. It is very well documented.

Now, as per last week, the UPC judges turn out to be exactly how the UPC complaint (FCC in Germany) cautioned. The judges are industry insiders, clearly not impartial, and the prospective president is an avid proponent of software parents.

I’m not an MEP, I’m just a blogger. I need you to help rectify this matter. UPC is clearly institutional injustice and it’s moreover unconstitutional in at least several states. I’m sure you’re aware of this already; you brought this up on the record. I’ve covered this before.

Can we have a discussion about this over the telephone? Do you want me to send you any supportive material?

I need your help as my representative. I spent like 1,000 hours writing about the UPC, but I am not a politician and I have no access to the EP.

Kind regards,

The MEP has since then responded and some journalists also got in touch.

There are also ongoing tensions at the EPO, which is related but not the same. It is what it is. We’ve not been keeping up with UPC, but the lobbyists lied too much and hope they get cold feet. The last thing Team UPC needs right now is an epic controversy like a court run by corporations as ‘judges’.

There are other issues as well, technical aside from the legal.

“They have some delay with the IT system,” one person told us months ago, but “Germany will ratify in December.”

“There are forces of resistance and some of them will be described in a future and perhaps even imminent post.”Well, that’s not going to happen. They told us that in December 2018 the FCC would toss out the UPC complaint. That did not actually happen (the opposite outcome came and only in 2020); it was a commercially and politically motivated false rumour. “I suspect Karlsruhe to also [trying to] protect the [German] patent system,” one person told us, and “that’s why their decisions are ‘political’.”

The main barrier may be the public realising what they’re up to. “Now it’s pretty clear Karlsruhe found an excuse not to escalate to CJEU,” the person added, “because the lobby behind controls the ministry of justice and wants the UPC [to enter] desperately into force.”

There are forces of resistance and some of them will be described in a future and perhaps even imminent post.

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. IRC Proceedings: Saturday, January 28, 2023

    IRC logs for Saturday, January 28, 2023



  2. Unmasking AI

    A guest article by Andy Farnell



  3. The ISO Delusion/Sirius Corporation: A 'Tech' Company Run by Non-Technical People

    Sirius ‘Open Source’ was hiring people who brought to the company a culture of redundant tasks and unwanted, even hostile technology; today we continue to tell the story of a company run by the CEO whose friends and acquaintances did severe damage



  4. Links 28/01/2023: Lots of Catching Up (Had Hardware Crash)

    Links for the day



  5. IRC Proceedings: Friday, January 27, 2023

    IRC logs for Friday, January 27, 2023



  6. Microsoft DuckDuckGo Falls to Lowest Share in 2 Years After Being Widely Exposed as Microsoft Proxy, Fake 'Privacy'

    DuckDuckGo, according to this latest data from Statcounter, fell from about 0.71% to just 0.58%; all the gains have been lost amid scandals, such as widespread realisation that DuckDuckGo is a Microsoft informant, curated by Microsoft and hosted by Microsoft (Bing is meanwhile laying off many people, but the media isn’t covering that or barely bothers)



  7. This is What the Microsoft-Sponsored Media Has Been Hyping Up for Weeks (Ahead of Microsoft Layoffs)

    Reprinted with permission from Ryan



  8. [Meme] António Campinos Wants to Be F***ing President Until 2028

    António Campinos insists he will be EPO President for 10 years, i.e. even longer than Benoît Battistelli (despite having appalling approval rates from staff)



  9. European Patent Office Staff Losing Hope

    The EPO’s management with its shallow campaign of obfuscation (pretending to protect children or some other nonsense) is not fooling patent examiners, who have grown tired and whose representatives say “the administration shows no intention of involving the staff representation in the drafting of the consultant’s mandate” (like in Sirius ‘Open Source’ where technical staff is ignored completely for misguided proposals to pass in the dark)



  10. IRC Proceedings: Thursday, January 26, 2023

    IRC logs for Thursday, January 26, 2023



  11. Sirius Relegated/Demoted/Destined Itself to Technical Hell by Refusing to Listen to the Technical Staff (Which Wanted to Stay With Asterisk/Free Software)

    In my final year at Sirius ‘Open Source’ communication systems had already become chaotic; there were too many dysfunctional tools, a lack of instructions, a lack of coordination and the proposed ‘solution’ (this past October) was just more complexity and red tape



  12. Geminispace Approaching Another Growth Milestone (2,300 Active Capsules)

    The expansion of Geminispace is worth noting again because another milestone is approached, flirted with, or will be surpassed this coming weekend



  13. [Meme] Cannot Get a Phone to Work... in 2022

    Sirius ‘Open Source’ wasted hours of workers’ time just testing the phone after it had moved to a defective system of Google (proprietary); instead of a rollback (back to Asterisk) the company doubled down on the faulty system and the phones still didn’t work properly, resulting in missing calls and angst (the company just blamed the workers who all along rejected this new system)



  14. [Meme] Modern Phones

    Sirius ‘Open Source’ is mistaking “modern” for better; insecurity and a lack of tech savvy typically leads to that



  15. The ISO Delusion: Sirius Corporation Demonstrates a Lack of Understanding of Security and Privacy

    Sirius ‘Open Source’, emboldened by ISO ‘paperwork’ (certification), lost sight of what it truly takes to run a business securely, mistaking worthless gadgets for “advancement” while compelling staff to sign a new contract in a hurry (prior contract-signing scandals notwithstanding)



  16. Links 26/01/2023: LibreOffice 7.4.5 and Ubuntu Pro Offers

    Links for the day



  17. Links 26/01/2023: GNU poke 3.0 and PipeWire 0.3.65

    Links for the day



  18. IRC Proceedings: Wednesday, January 25, 2023

    IRC logs for Wednesday, January 25, 2023



  19. Companies Would Collapse Upon Abandoning Their Original Goals (That Attracted All the Productive Staff)

    Staff with technical skills won't stick around in companies that reject technical arguments and moreover move to proprietary software in a company that brands itself "Open Source"



  20. [Meme] Listen to Your Workers, Avert Disaster

    Companies that refuse to take input from staff are doomed to fail



  21. The ISO Delusion: When the Employer Doesn’t Understand the Company's Value Proposition (Building Systems) and Rejects Security

    Sirius ‘Open Source’ has failed to sell what it was actually good at; instead it hired unqualified people and outsourced almost everything



  22. Links 25/01/2023: NuTyX 23.01.1 and GNU Guile 3.0.9 Released

    Links for the day



  23. Links 25/01/2023: Stratis 3.5.0 and Many Political Links

    Links for the day



  24. New Record Low: Only One 'Linux' Article in ZDNet in More Than Two Weeks

    Only a few years ago ZDNet published about 3 “Linux” stories per day (mostly FUD pieces); now it’s a ghost town, painted in ‘alien green’; considering ZDNet’s agenda (and sponsors) maybe it’s better this way



  25. Links 25/01/2023: Pale Moon 32.0 and DXVK 2.1

    Links for the day



  26. IRC Proceedings: Tuesday, January 24, 2023

    IRC logs for Tuesday, January 24, 2023



  27. ISO Certification Hardly Tackles Any of the Real Issues

    The real-world threats faced by private companies or non-profit organisations aren't covered by the ISO certification mill; today we publish the last post on this topic before proceeding to some practical examples



  28. [Meme] Medical Data Sovereignty

    What happens when your medical records/data are accessible to a company based abroad after a mysterious NDA with the Gates Foundation? The International Organization for Standardization (ISO) does not mind.



  29. The ISO Delusion: Sirius Open Wash Ltd. and Medical Data/Projects at Risk/Peril

    Sirius ‘Open Source’ was good at gloating about “ISO” as in ISO certification (see our ISO wiki to understand what ISO truly is; ISO certification needs to be more widely condemned and exposed) while signing all sorts of dodgy deals and lying to clients (some, like the Gates Foundation, were never mentioned because of a mysterious NDA); security and privacy were systematically neglected and some qualified as criminal negligence (with fines/penalties likely an applicable liability if caught/reported)



  30. Links 24/01/2023: Wine 8.0 is Ready, FSF Bolsters Copyleft

    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