Bonum Certa Men Certa

Team UPC Suggested Changing Constitutions to Facilitate the Unconstitutional UPC. It Didn't Go Well...

These arrogant suggestions from Team UPC merely serve to discredit its psyche

An unconstitutional constitution? A comparative perspective
Reference: An unconstitutional constitution? A comparative perspective



Summary: With European constitutions under the microscope, it's becoming clearer that the Unified Patent Court (UPC) is simply unconstitutional and needs to be buried; but spinners from Team UPC would have us believe that no such issues exist and UPC is just around the corner

Team UPC -- like Team Battistelli (EPO leadership) -- does not understand notions such as the "Rule of Law". We already saw how it deals with constitutional challenges, either bullying courts or discrediting their discretion. With a 12 to 2 majority, Hungary decided that UPC is unconstitutional; other countries did not even check, albeit Germany is belatedly checking. As Benjamin Henrion (FFII) put it yesterday: "Let's ask the French and UK courts if they agree with the Hungarian analysis then." It's still possible. It's never too late. To us it has always been clear that UPC is unconstitutional virtually everywhere, not just Hungary and Germany. "If the Hungarian Constitutional Court is right," Henrion added, "someone should file the same question in Court in UK and FR..."

Why not go further? Dozens of countries deserve a constitutional challenge (reality check). Remember what happened at 2 AM at night in Germany. It's pretty incredible and it's worthy of the term "political corruption". Every nation deserves a good look at the machinations (Battistelli and his thugs, along with the likes of Bristows, pulling strings behind the scenes); UPC is dead enough as it is, but the public deserves an explanation for all that has happened.

"This is just one among many obstacles that Team UPC keeps trying to deny, belittle, or simply brush under some rug."The UPC-sympathetic (based on past writings) Eibhlin Vardy is trying to make the UPC sound inevitable by echoing the usual two (now-infamous) lies which are repeated by Team UPC and Battistelli. From yesterday's post by Vardy: "The Hungarian decision (unlike Brexit or the on-going German complaint) will not formally delay the entry into force of the UPCA, but it will most likely delay (or terminate) Hungary's participation in the UPC system."

No, no, no...

First of all, it's not delay that's at stake. Where does one begin tackling such loaded statements? And this isn't about whether Hungary participates but whether the UPC ever exists at all. In any form. This is just one among many obstacles that Team UPC keeps trying to deny, belittle, or simply brush under some rug. It's despicable and hard to even fathom the thought that some people pay a lot of money for these lawyers to give legal 'advice'.

"Shows how bizarre it was that Brexit Britain ratified, in my humble opinion," one commenter said. Most of the above is based on Peter Ling, who we suppose either understands Hungarian or was told something by someone (not a reliable translation). "In a 12 to 2 majority decision published on 29 June 2018," it says, "the Constitutional Court answered this question in the negative. In short, the Court considered that the transfer, in the framework of an enhanced cooperation among EU Member States, of exclusive jurisdiction on certain civil lawsuits to an international institution not explicitly foreseen by the EU treaties, deprives such lawsuits from any constitutional review under the Fundamental Law and therefore is incompatible with the Fundamental Law. Although this may sound like a purely national constitutional issue without much specific relevance to the UPCA itself, some aspects of the Court’s reasoning point to issues that are potentially relevant beyond Hungary."

For obvious reasons. And as usual, with IP Kat at least, comments nowadays are a lot better than posts (usually written by people with personal stakes in UPC). To quote an early comment:

(1) Isn't the training centre for UPC judges located in Hungary? So its non-participation in the system would be an embarrassment to say the least.

(2) CIPA and others have proposed that the UPC Agreement should be amended to allow the continued participation of the UK as a non-EU state. That would surely confirm the view of the Hungarian court that the UPC Agreement is not EU law and make similar constitutional challenges more likely in other countries.


The next one connects this to EPO abuses/corruption:

Let us just step back for a minute and consider the possible implications of the constitutional deficits of the UPC. As I have previously commented elsewhere, a couple of thought experiments help to exemplify the magnitude of the deficits.

Firstly, what would happen if the President of the UPC (Court of Appeal) were to (attempt to) interfere with the independence of the judiciary of the UPC?

Secondly, what would happen if the President of the UPC were to pursue a vindictive campaign to remove an “irksome” judge of the UPC?

What could be done to prevent such troubling events from occurring, or to deal with them if they do occur? What recourse would the UPC judges have?

If the EPO is taken as an exemplar of an international organisation having a “judicial” function, the answer to all of the above questions is clearly “very little”.

Do the above-mentioned deficits therefore make the UPC an organisation that is particularly prone to “capture” by malicious actors? Compared to the status quo (where there are numerous national courts, each subject to and constrained by both national and EU laws), my view is that the answer to this question is a clear “yes”.

Personally, I believe that such questions ought to be given very serious consideration by the Participating Member States, and that amendments to constitutions (which is no small thing!) ought to only be contemplated if it can be concluded that the set-up of the UPC provides adequate safeguards, checks and balances.


"The solution to this is not that a dozen of countries amend their constitutions to include LESS judicial rights," said the following comment.

Please also note that it was not so difficult to foresse that including exclusively domestic issues within the exclusive jurisdiction of the UPC could be a problem serious problem, unless UPC complies with the highest stardards regarding judicial, consititutional and HR guarantees. And it is clear that this is NOT the case.

To say the least: no instrument to referral/review to national Supreme Courts (while applying national law), no set of fundamental rights expressed in writing nor jurisdiction of any external court to review them, no ECHR review jurisdiction, no constitutional right is recognised, no judicial control of the UPC director, no labour rights for the workers of the UPC.

Of course potential claimants are very happy with this. But it is not only unfair: it is an extremely dangerous source of inestability which should be corrected BEFORE the UPC enters into force.

The solution to this is not that a dozen of countries amend their constitutions to include LESS judicial rights.


That last remark alludes to utterly ludicrous suggestions from Team UPC, which patently believes that it's above the law.

And from another thread (about British law and the EPO):

I fear in the UK v EPO rivalry the EPO is dominant with the UK grudgingly following. I am sure the EPO will seldom pay any attention to UK decisions, and so in that sense it is more a Master-Slave dialectic (https://en.wikipedia.org/wiki/Master%E2%80%93slave_dialectic) or worse.

Whilst UK decisions are interestingly written, they have less and less influence in a world where rising to the top of one's regional power block is more important than one's ingenuity.


The EPO has an issue because lawlessness prevails there; do countries wish to hand over their legal sovereignty to an unaccountable and corrupt bureaucracy where lawlessness has become the norm? Where dissent is met with defamation, calling the dissenting voices "Nazis"?

"...Campinos reaffirms the widely-held belief (even inside the Office) that he's just an "orange President" who 'softens' the image of Team Battistelli."We have thus far seen absolutely nothing which suggests António Campinos will fix things. "Cooperation and dialogue" Kluwer Patent Blog said yesterday, quoting/citing some blog post from Campinos, who only a day earlier lobbied for the unconstitutional UPC, yielding a highly-misleading (i.e. the usual) press release from the EPO. To quote Kluwer Patent Blog:

After only four days in office, it is hard to tell whether Campinos will bring change at the EPO after the controversial years of Benoit Battistelli’s leadership, which led to enormous social problems. But his announcement that ‘staff engagement is among my top priorities’, and his personal message to all staff members certainly seem positive steps. A first real test will likely be his handling of the cases of three SUEPO leaders, whose dismissals and downgrading were reversed last week by the Administrative Tribunal of the ILO, as well as the case of the Irish judge Patrick Corcoran.

Striking is Campinos’ focus on effectiveness, rather than efficiency, which could be a sign that the new EPO president is aware of complaints from users that the enormous increase in productivity under Battistelli has led to a decline of, or threatens patent quality at the EPO.

Remarkable, furthermore, is that his predecessor isn’t mentioned in Campinos’ message. And an almost revolutionary change is at the bottom, contrary to the blogposts of Benoit Battistelli and perhaps the most significant sign of change: Campinos has apparently decided that his contributions will be open for comments.


Well, maybe with moderation enabled or maybe he doesn't yet know how to use the CMS (unless someone does the posting on his behalf). Either way, the way things stand, Campinos has solved absolutely no issues in his first week in Office. If anything, contrary to what Kluwer Patent Blog wishes to believes, Campinos reaffirms the widely-held belief (even inside the Office) that he's just an "orange President" who 'softens' the image of Team Battistelli.

Recent Techrights' Posts

Symptom of Publishers Dying: They Move to Adopt Slop. Symptom of Software Companies Dying: They Move to Adopt Slop ('Vibe').
It'll always fail. It's hype. It's a bubble.
Under IBM, Red Hat Replaces Code With LLM Slop, Fedora is Slopware
Not even hiding it, those things are in plain sight
"systemd is essentially a corporate IBM/Redhat project and corporations of course will comply"
Microsoft and IBM care about users' freedom like Cheeto Lump cares about the US Constitution
Gemini Links 20/03/2026: Digital Identity Bifurcation and a "Return to Gemini"
Links for the day
 
SLAPP Censorship - Part 17 Out of 200: A Long Track Record of Online Abuse, Then Choosing a Low-Cost Law Firm to Muzzle People Who Have Illuminated This Abuse for Over a Decade
Censorship by targeting ISPs and webhosts isn't unprecedented
Plagiarism in "Linux" Clothing (LLM Slop in linuxiac.com, LinuxTeck.com, and linuxsecurity.com)
The net effect of those slopfarms is very negative
Links 20/03/2026: Facebook Weaponised Politically, Openwashing by LF and NVIDIA, Encyclopedia Britannica Sues Microsoft Proxy for Plagiarism
Links for the day
The EPO's Local Staff Committee Munich (LSCMN) Explains to the Administrative Council (AC) How Bad Things Have Become at Europe's Second-Largest Institution, Biggest Patent Office, and Corruption/Cocaine Hub (Jobs Sold to Friends)
We'll say a bit more tomorrow
IBM's Red Hat Diversity: Only 3 Women (Out of 11 Leaders)
For comparison's sake, the FSF is about 50% female
Gemini Links 20/03/2026: Depictions of Culture and The Social Smolnet
Links for the day
SimilarWeb Was Never a Reliable Yardstick for Traffic
5RB may need some "house-cleaning"
Strangulation, suffocation, Jonathan Carter & Debian toxic culture confirmed
Reprinted with permission from Daniel Pocock
Reports or Hearsay Suggest Ogilvy Broke Up With IBM and Insiders Report Mass Layoffs in "Infrastructure" (Might Impact Red Hat Entrants)
hearsay in Social Control Media
Scheduled Server Maintenance Tomorrow Night
Starting 9PM
None of the Above (NotA) & Debian snubbing Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 20/03/2026: Cryptography Pioneers Win Turing Award and BMG Sues Anthropic for Copyright Infringement
Links for the day
Even Uganda Understands That Journalists Never Belong in Prison
"Ugandan authorities must respect the spirit of this ruling and abandon any measures that seek to jail Ugandans for the free flow of ideas."
Inaction Helps Your Enemies
Without freedom, there's nothing else left
Windows Down From 99% to ~50% in Republic of Seychelles (République des Seychelles)
Windows fell by a lot
Confluent Insiders: IBM Laid Over Over 800 at Confluent, Not Just 800
For the record, the layoffs at Confluent won't be over. After the bluewashing there will be "IBM RAs" impacting Confluent folks, aside from PIPs
The Layoffs at IBM Carry on (Shades of Enron)
Is IBM another Enron?
"IBM boss Arvind Krishna... financial package valued at $38 million in calendar 2025 - equivalent to the average collective pay of 765 Big Blue workers."
continues to ruin the company to enrich himself while pretending he has a strategy
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 19, 2026
IRC logs for Thursday, March 19, 2026
SLAPP Censorship - Part 16 Out of 200: Detailing the Actors and Explaining Techrights' Own Internet Relay Chat (IRC) Network
For those who have not followed our story
Microsoft "hiding behind bigger news of war, Epstein, other companies' layoffs"
They know what's coming, they just don't know when
Joerg Jaspert (Debian Account Manager/DAM) personally approved Raphael Hertzog's wife Sophie Brun
Reprinted with permission from Daniel Pocock
Letter 'A' prohibited by Code of Conduct extremism
Reprinted with permission from Daniel Pocock
Spoiler: Diversity & Debian means different things to different people
Reprinted with permission from Daniel Pocock
Solicitors Regulation Authority (SRA) Admits Failures and Criticism of Inaction on SLAPPs
many if not all solicitors and solicitor firms in the UK are in effect unregulated
Archiving or Preserving Pages About IBM Layoffs
Layoffs at IBM and the media does not talk about these
ABC, the American National Broadcaster, "Now Publishes Slop"
If the "big media" absorbs slop, it'll no longer be trusted and therefore not read/watched by the public
Links 19/03/2026: Culling Deepfakes of Artists’ Music and "Age Verification Isn’t the Answer"
Links for the day
Gemini Links 19/03/2026: "Aktion GPT-4" and "Kill All Descendants"
Links for the day
"AI" 15 Times in Short 'Article' From The Register MS. And The Register MS Got Paid to Publish It.
gets paid to do this
People Who Decided to Boycott Novell Over Its Microsoft Alliance Should Also Boycott Canonical
As an associate put it, "selling out further, due to Microsoft moles inside Canonical"
Links 19/03/2026: "AI Glasses" as Euphemism for Mass Surveillance and ABC (US) Has Begun Publishing Slop as 'News'
Links for the day
The European Patent Office, Europe's Second-Largest Institution, is on Strike Today
Lots more to come
What People Impacted by the Bluewashing Layoffs at IBM Confluent Say (While the Media Says Nothing at All, in Effect Burying the News)
Worse yet, the mainstream media spreads lies about it right now
IBM Has Turned Red Hat and Fedora Into Slop
This is IBM policy
IBM is Being Robbed, Companies and Jobs Are Destroyed
Companies taken over by IBM will be exploited and destroyed to keep a bubble inflated for a little while longer
In Confluent Layoffs, IBM Vapourises a Quarter of Its Workforce (IBM Buys Something That It Destroys Already)
In the past, such things were typically referred to as "media blackout"; now it's just "the norm".
IBM Effect at Confluent: Mass Layoffs and IBM's Business Conduct Guidelines (BCGs) Said to be Violated
For Confluent employees who survived the layoffs there will be "culture chock"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 18, 2026
IRC logs for Wednesday, March 18, 2026
Links 19/03/2026: LLM Fatigue (It Doesn't Work as Advertised), "Small Web Feeds"
Links for the day
SLAPP Censorship - Part 15 Out of 200: Background and Particulars of Truth Regarding Techrights and Tux Machines
the basic facts (this has aged well, except the times/ages/numbers)
A Slopfarms Survey for Today (linuxteck.com, linuxsecurity.com, linuxjournal.com)
Not only did Google news link to a slopfarm; it linked to three run by the same team!
Links 18/03/2026: "Venture Capitalist Warns That It’s All About to Come Crashing Down" Due to Slop Bubble, "Birdwatching for Fun and no Profit"
Links for the day
IBM Red Hat is Still Promoting Restricted Boot Which Restricts Users' Control Over Their Computers
Red Hat under IBM is a total catastrophe
Arvind Says... Something Something "Hey Hi" (the State of Today's Media)
Look for news about IBM and most likely it'll boil down to some sound bites from an executive and nothing else
New Post Has Just Explained How IBM Gets Robbed by the People Who Fail IBM
Their plan for IBM is a personal plan
Slop-Spewing GAFAM LLM That Knows Nothing and Understands Nothing, It's a Stochastic Parrot That Cannot Even Figure Out Tux Machines is a Community That Started in Tennessee 22 Years Ago
RMS rightly calls those things "bullshit generators"
Cusdeb Makes New Presentation About Where GNU Hurd (Still a Possible Linux Replacement) Stands in 2026
coming from a generally RMS-friendly account
Gemini Links 18/03/2026: Librarians, Phone Anxiety, Growing 'Small' Net, and Slop Versus Software Engineering
Links for the day
Estimates That IBM to Lay Off Close to 10,000 Workers in 2026 (Not Counting People Pushed Out)
There's still chatter about Confluent mass layoffs
Smug Threat by Garrett to Put My Family and I in Prison Doesn't Prove We Did Anything Wrong, It Only Proves He's Truly Desperate to Stop Further Publications That Embarrass Him
his reputation is poor in the United States
systemd Increasingly Microsoft Project, Controlled by Microsoft and Slopware
Cannot allow choice
What IBM Meant to Red Hat: "Proprietary Bundling, Restricted Source Access"
Anyone or anything that joins IBM likely shortens its lifespan
IBM Thrashing Confluent Upon Arrival, Based on Rumours
We deem it a bigger issue that investigative journalism perished, not that one must rely on hearsay online or mere "rumours"
Slop Is Plagiarism, Not (Vibe) Coding, and It's Not Automated, It Doesn't Save Money
Reject misnomers, explain what's actually happening
UPC is Still Illegal and Unconstitutional (Kangaroo Court for Patents, Manned by Corporate Staff), Federal Court of Justice of Germany Receives Belated Complaint About It
What is happening to Europe???
EPO Demonstration Happening Right Now, Later This Week Things Will Only Escalate Further
The SUEPO The Hague Committee wrote to staff this morning
Sophie Brun, Raphael Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
Links 18/03/2026: Commodore's Hedley Davis Dies, Apple Not Good Enough, Cheeto "Floats Treason Charges for Iran War Coverage"
Links for the day
A Step Close to Shutting Down the European Patent Office (EPO)
Not going to work all month long
EPO Staff Demonstration Today
The demonstration will be live-streamed for those thousands of colleagues who don't live in Munich
Gemini Links 18/03/2026: Brazilian SYN Attacks and BGP
Links for the day
LibreLocal Also Coming to Jordan, Kenya, Mexico, New Zealand, and Spain
It helps raise awareness of Software Freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 17, 2026
IRC logs for Tuesday, March 17, 2026