Bonum Certa Men Certa

UPC Roundup: War on the Appeal Boards, British Motion Against the UPC, Fröhlinger Recalled, and Fake News About Spain

Team UPC still distorts the facts, as if the end justifies the means

UPC Dead



Summary: Taking stock of some of the latest attempts to shove the Unitary Patent (UPC) down Europe's throat, courtesy of Team Battistelli and Team UPC

THE EPO's management is eager to ram the UPC through, having decided to replace the Boards' location, keep them understaffed and perpetually scared, etc. The management calls it "reform" but it's actually an overhaul which serves the patent microcosm and large foreign corporations; it would be an enormous, historic disaster. It needs to be stopped, both by EPO insiders (not Team Battistelli) and outsiders.



Decision T 2561/11



An EPO-friendly legal firm wrote the other day (earlier this week) about decision T 2561/11 from the Boards, noting that "the EPO Board of Appeal found an Appeal to be admissible despite certain omissions in the Notice of Appeal. In particular, the Notice of Appeal failed to mention the Appellant’s name and address, and was alleged not to contain a request defining the subject of the Appeal, both requirements of Rule 99 EPC."

"In the above case, it would be so convenient for the Office to just blame the Boards and punish them for it, as is so common/habitual nowadays."Since then, as was covered here before, the EPO got even stricter, not when it comes to patent scope but when it comes to signatures etc. It further complicates the process not of patent-granting but merely the bureaucracy. In the above case, it would be so convenient for the Office to just blame the Boards and punish them for it, as is so common/habitual nowadays.

Douglas Carswell in Motion to Bury the UPC in the United Kingdom



Putting aside the war on the Boards -- a war long fought by Battistelli -- how about the war on British law, or the pretense that Brexit is magically compatible with UPC (it's not)? Dr. Luke McDonagh, who had repeatedly explained why the UPC is untenable here, said it is "interesting that Carswell seems all on his lonesome in putting this UPC motion forward - what is the Tory position?"

"Remember that Carswell is a longtime Tory (Conservative) politician.""Be interesting to keep an eye out on this UPC EDM by UKIP's Douglas Carswell this week," Max Walters from the Law Society Gazette wrote.

Remember that Carswell is a longtime Tory (Conservative) politician. He is hence pretty mainstream and he comes from a high-profile family of famous doctors of medicine. His defection to UKIP is pretty recent and wasn't motivated by nationalism, racism and so on (the stereotypes).

"Her Master's Voice," Margot Fröhlinger



"Founded doubts regarding a legal UPC with UK after brexit," wrote another person the other day, "IP system need certainty..."

"Is this the first time that [the EPO's] Mrs. Fröhlinger is not 100% certain in public about UK participating in UPC after Brexit?"

That's what Christopher Weber wrote before noting that "it's just an old article preceding the UK's intent to ratify that I mistook for a later statement. My bad."

But nothing has technically changed since then. In fact, the person who expressed intent to ratify has since then been sacked or resigned. We also did a long series explaining why ratification makes no sense and even if it ever happened, it would not be sustainable, in particular after Brexit. Here is that series again:



What's noteworthy about Fröhlinger's remark is that she has always been "her master's voice" (Battistelli's echo chamber) and rejected simple facts when it suited Battistelli's agenda [1, 2, 3, 4, 5], as pointed out here before. Fröhlinger is in many ways an extension of if not part of Team Battistelli, wherein lying has become banal and routine.

The Rain in Spain...



Meanwhile, fake news about Spain is being spread again (we have seen a lot of fake news about the UPC recently, e.g. [1, 2]) and Team UPC is trying to connect it to Brexit (there is no connection). This one tweet, linking to Manuel Rey-Alvite Villar from Bristows LLP (some of the worst liars out there), says: "Will the Spain joins the UPC System and the Unitary Patent? Brexit can make Spain changes his mind..."

“Spain's ruling party and authorities still reject the UPC and have stated the reasons as recently as a year ago.”Nonsense. First of all, none of this is news; Francisco Moreno has already demonstrated that it goes a couple of years back. And what does the self-serving Bristows base its ridiculous headline on? "The motion [which] will be debated in the Committee on Economy, Industry and Competitiveness of the Congress of Deputies (the lower house of the Spanish parliament)."

But the party behind this motion has already spoken about it and attempted it before. Spain's ruling party and authorities still reject the UPC and have stated the reasons as recently as a year ago.

Recent Techrights' Posts

You Should Probably Self-Host Your E-mail and Never Use a Web Browser for Mail
Does anyone still believe Gmail is "free"?
StatCounter Shows the Market Share of Vista 11 is Decreasing in Ukraine This Year
Microsoft abandoning Vista 10 users would be a victory for Vladimir Putin
The "Gold" Rule: Taking Money for Reputation Laundering and Openwashing Under the "Linux" Banner
Seller of expensive toilet paper, Jim Zemlin
LLM Slop Says Slop is "coming for white-collar jobs. Microsoft’s layoffs are just the start"
Look what the Web has become
Reporting Facts About Violence Against Women Deserves Awards, Not Frivolous Lawsuits and Threats
What is Microsoft's stance on women's safety?
Linux.com as Spamfarm of the Linux Foundation, Partner of the Gates Foundation
They no longer publish articles
Slopwatch: The Typical Slopfarms and the 'Brian Fagioli Dilemma'
To the Web and to society (exposed to the Web) LLMs are a net negative
 
Trump Authority (CA) With a Trump NSA is All About Security, But Whose?
A "turnkey tyranny", as the NSA whistleblower Thomas Drake loved to call it
Confirming IBM Shutdowns and Layoffs Today
It's not over yet
Gemini Links 16/04/2025: The 2010s Are Calling and Why "Tools Will Not Liberate Us"
Links for the day
Links 16/04/2025: Cliff Lynch RIP, More Attacks on Science (NASA)
Links for the day
Google Promotes Fake Articles (LLM Slop) Instead of Originals, Relaying Microsoft's Linux FUD Emanating From Microsoft LLMs
Shame on Google for participating in the slopfest
In Some Countries the Largest OEMs Already Dump Microsoft Windows
Windows at 18.9%, Android 60.2%
Microsoft Down From 100% to 10% in Myanmar/Burma
only about 4% of Web requests in Myanmar/Burma come from Vista 11, soon to be the only "supported" version of Windows
When Fedora Said It Was Looking to Integrate "AI" It Meant Promoting Microsoft's Proprietary Spyware and GPL-Violating Slop
When they say "AI" they mean Microsoft
It Used to be IBM, Now It's Microsoft (Why You Need to Fire Microsofters or CIOs Working for Microsoft)
Typically the only effective solution is to identity and remove Microsofters from one's project/organisation (before they can bring more Microsofters in)
IBM Closes Offices and Labs in the United States to Open New Ones in India
It's not layoffs per se; they're substituting/swapping veteran employees for lesser-paid ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 15, 2025
IRC logs for Tuesday, April 15, 2025
Gemini Links 16/04/2025: IndieWeb Carnival, Tinylog RFC, "Focus, the Web and Gemini"
Links for the day
Links 15/04/2025: Touchable Volumetric Display and Resistance to American Spying Firms
Links for the day
Links 15/04/2025: Some People Cannot Read and Re-discovering of 'Web 1.0'
Links for the day
Links 15/04/2025: China Admits Targetting Critical Infrastructure Using CALEA Back Doors, NASCAR Cracked by Windows Usage
Links for the day
Why We Support Carole Cadwalladr (Even If We Don't Agree With Everything She Said)
I first became aware of Cadwalladr's work a long time ago
Microsoft's Serial Strangler Chose to Attack Techrights With SLAPP When Over 400 Victims of Mohamed Al Fayed Complained About Media's Role in Enabling Him
There is a strong element of "free press" here
A Coalition or a Coup of Sexism
In the Free software community it's hard to avoid this issue
statCounter Sees GNU/Linux at New High of 6% in Bosnia and Herzegovina
GNU/Linux is measured at all-time high
To Celebrate Git Turning 20 Linus Torvalds is 'Selling Out' to Microsoft and Proprietary Software Which Attacks Git (E.E.E.)
He makes it seem like he's endorsing his attackers
Gemini Protocol Milestone (3,000 Active Capsules)
and a total of nearly 4,500
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 14, 2025
IRC logs for Monday, April 14, 2025
Gemini Links 14/04/2025: Silver Pigs and more Foundation, Disliking Computers
Links for the day
Hundreds of Microsoft Layoffs (Net Headcount Decrease) in the United Kingdom
headcount decreased
Links 14/04/2025: Russian Attack on Sumy Shows No Intention of Peace, Virgin Australia Admits Overcharging People
Links for the day
The Dilemma of Web Browsers Lying About What They Are (in Order to Bypass Discriminatory Gateways Like Clownflare) Worsens Due to LLM Slop
LLM crawlers/scrapers have made sites more restrictive and hostile towards browsers that are potent but not "famous"
What Really Matters to Companies is Net Income or Profit (Bankruptcy is Possible Even With High Revenue)
We ought to stop talking about revenue without focusing on actual profit
Carole Cadwalladr Talks About How Big Business Tried to Silence Her (and Why You Might be Next)
Our story is very different from Cadwalladr's for many reasons
Companies Conspiring to Keep Salaries Down and Undermine Competition
People who do all the practical work are being paid less and made to work for much longer
Links 14/04/2025: Disinformation, Public Disdain for LLMs, and "Lessons on Tyranny"
Links for the day
LLM Slop and SEO SPAM Take Us Further Away From Facts (the Case of IBM Layoffs)
Some of these can impact Red Hat as well
Gemini Links 14/04/2025: Ween and Historic Ada Project Management
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 13, 2025
IRC logs for Sunday, April 13, 2025
Influencers: Red Hat, Inc's IPO, 1999, post-mortem on the directed share offer to open source developer community
Reprinted with permission from Daniel Pocock