Bonum Certa Men Certa

The Fall of the UPC - Part I: Geeks (Engineers) Celebrate and the EPO Has Lost Its Tongue

Wine celebration



Summary: People who actually do something (other than sue or pursue patent lawsuits) are happy to see the collapse of the UPC; as for EPO management? Not a single word in two and a half days!

THIS is the first part of a rather long series which will last as long as the misinformation persists. It can take a long time to complete as we expect disinformation, misinformation, FUD and outright lies to continue for days, weeks if not months to come. COVID-19? Not a problem. Team UPC probably moans a lot more about UPC than it does about dead strangers (unknown to them). A lot of Team UPC is British, Dutch and German, not Spanish or Italian (two languages that are maliciously excluded by the UPCA).



The decision of the FCC does not shock us; the night beforehand we wrote about what the decision would mean and the following morning the article was calmly updated with the decision (we later shared some memes too), which we were of course pleased to see. We knew it would generate a great deal of noise and spin from Team UPC, irrespective of the outcome, including many comments, "tweets" and so on. We stayed aside for a moment and decided to study the patterns of propaganda late in the weekend. We still have a number of drafts in the pipeline, so kindly stay tuned.

"We still have a number of drafts in the pipeline, so kindly stay tuned."This will be an honest breakdown of what we found after hours of researching what was posted, who it was posted by and so on. The patterns say a lot about what goes on, who's bribing who, who speaks for which company (the media is not independent) and so forth.

The "astroturfers are already engaged on spinning against the victory," says this new summary, sent to us this morning by a reader. "Those that wish to continue to break the law see a lot of money on the table. The EPO has been illegally granting software patents in recent years..."

Yes, all those software patents being granted in Europe would typically be tossed out by patent courts everywhere in the continent and its islands. We wrote a great deal about that.

Notice who's amazingly quiet about the whole thing! Not a single word from the European Patent Office (EPO) about this decision regarding the UPC. When they don't lie it's because they say nothing at all.

"Notice who's amazingly quiet about the whole thing! Not a single word from the European Patent Office..."We've seen nothing from the President of the Office or even the Vice Presidents. One of them, who has a Twitter account, is active only in the sense that he posts Coronavirus stuff. But never a single mention of the decision. Anywhere!

Isn't that transparency in its finest form?

One thing we did see the EPO saying that day was this tweet: "Our colleague Azzurra talks about her job as a #patent examiner in the field of computers....

Software patents reduced to... "computers"?

As we noted the other day, in relation to so-called 'results' for 2019, the EPO uses increasingly vague and broad terms for patents on algorithms. "CII" is becoming a bunch of buzzwords or a whole 'discipline' like "digital" or "tech".

"Software patents reduced to... "computers"?""What did you get a patent on, Bob?"

Bob says "tech"...

Or Bob says, "something digital..."

Lovely!

Anyway, here's what the summary from SN said last night:

The Fed€­er€­al Con€­sti€­tu€­tion€­al Court of Germany (FCC) has delivered a decisive win for software users and developers around Europe. In a recently-published court decision, 2 BvR 739/17 (in German) from February, it has declared that the Act of Approval to the Agreement on a Unified Patent Court (UPC) is void. The Unified Patent Court has been widely considered to be a shell for bringing software patents into Europe through the side door, in violation of international treaties which prohibit by name patents on programs for computers.



The Act of Approval to the Agreement on a Unified Patent Court ("the Act of Approval") to confer sovereign powers on the Unified Patent Court is void. In its outcome, it amends the Constitution in substantive terms, though it has not been approved by the Bundestag with the required two-thirds majority. This is what the Second Senate of the Federal Constitutional Court decided on a constitutional complaint in an order published today. In its reasoning, the Senate stated that, in order to safeguard their right to influence the process of European integration by democratic means, this, in principle, also entails the right of citizens that sovereign powers be conferred only in the ways provided for by the Basic Law. An act of approval to an international treaty that has been adopted in violation thereof cannot provide democratic legitimation for the exercise of public authority by the EU or any other international institution supplementary to or otherwise closely tied to the EU.



Once more for emphasis, software is protected by copyright law and that governs distribution. Patents govern usage and function, regardless of origin. So had the EPC gone through and forced software patents into Europe, neither clean room nor independent implementations would have protected either end-users, software-using businesses, or developers.



It is predicted that the European Patent Office (EPO) which, despite the name is outside the jurisdiction of the European Union, and which has long been a proponent of injecting software patents into the European market, will bemoan this decisive win for business and research. Their astroturfers are already engaged on spinning against the victory: Those that wish to continue to break the law see a lot of money on the table. The EPO has been illegally granting software patents in recent years in direct violation of the European Patent Convention of 1973, also known as the Convention on the Grant of European Patents of 5 October 1973. The EPC explicity prohibits granting of patents on many things including but not limited to scientific theories, mathematical methods, aesthetic creations, schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers.



The comments there are not particularly informative because it's a site for geeks rather than lawyers and UPC isn't about technology but about litigation.

Some later comment said: "Good! Software patents are stupid, causing 10 problems for every one they solve."

Funny reply: "Lemme guess, nobody told you that 0 multiplied by 10 is still 0, right?"

"Actually," said the other reply, "historians will say that the proponents of software patents were a bunch of mindless jerks who were the first against the wall when the revolution came."

"In the next part we'll show how incredibly disconnected from reality Team UPC is and how corrupt media has become (it's in the pockets of Team UPC if not directly controlled by it)."Then came another joke: "Software patents do solve problems. For example, the problem of how to make money if you lack the ability to actually create something. A solution software patents offer to this problem is known as patent trolling."

Geeks have a sense of humour, unlike many litigators.

"That is not a bug, that's a feature," said a geek-type joke. "No, really! Nothing to be solved there."

In the next part we'll show how incredibly disconnected from reality Team UPC is and how corrupt media has become (it's in the pockets of Team UPC if not directly controlled by it). ⬆

Recent Techrights' Posts

Red Hat is Phased Out of Existence This Month Onwards
Within a few years we'll probably not see many redhat.com addresses anymore; many became ibm.* last week
NVIDIA Buys the Media With Companies It Sponsors to Pretend to be Customers (Circular Funding Scheme)
The media crisis worsens
Brigading Against Women - Part IXX - Overreaction From Young Female Professional After Invalid Threats Made and Sent From an Incel in Another Continent
Cowards who send threats after committing crimes online
libera.chat is an Agenda-Peddling Platform Run by Agenda-Peddling Individuals
The volunteers of libera.chat ("staff") aren't working for free, they work towards an agenda
 
"SIRIUS CORPORATION LIMITED" as Evidence of the Financial Shell Games in the UK
Rianne and I still have some fond memories of the time the ex-wife of the CEO treated us like human beings
Lots of Silent Layoffs at IBM Last Week, Employees Explain Patterns of Those Impacted
It wasn't just gossip, it actually happened even if the media chose to look the other way (as usual)
Gemini Links 06/10/2026: Fighting for Purpose, Gemlogs, and Gemtext
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 05, 2026
IRC logs for Monday, October 05, 2026
Finland's GNU/Linux Share Measured at 12%
Last month GNU/Linux was measured at about 10% in Finland
UK Layoffs and Closures by Microsoft. In Expected Blow, Microsoft Likely Shuts Down Another Studio.
Microsoft's layoffs are never-ending, they just try to keep them all secret.
Discussion About Potential Sale of EPO Buildings and Enshittification of Europe's Largest Patent Office
It's noteworthy that only one hour (or 70 minutes) was devoted to so many topics
Stonewalling by Bots
We'll now turn our attention back to EPO and other matters
Gemini Links 05/10/2026: "Posthumanism", Cardputer, and More
Links for the day
Links 05/10/2026: “I’m Embarrassed on Behalf of the Tech Industry” and Slop Scammers "Lobbying the Vatican"
Links for the day
SIRIUS OPEN SOURCE LTD Officially Insolvent, Is Reform UK Next?
Sirius no more
Links 05/10/2026: "Congress Must Investigate War Profiteers Once Again" and Update on Thomson Reuters v. Ross Intelligence
Links for the day
Nobel Season is Plutocracy Week
Later this week the billionaires will give a fake "Nobel" (in "Economics") to someone who parrots their preferred narrative and those same billionaires will use "Nobel" to bless the promoter of their latest pyramid scheme/buzzword
GNU/Linux Market Share in North America 13% This Past Weekend
It is perhaps not shocking that adoption of GNU/Linux is very high there
When Did Europe Begin to Side With White-Collar Criminals (or Participate in Suppressing People Who Oppose Them)?
How much corruption can we tolerate before the European Union becomes another Russian Federation?
Libera Chat's "Level of Control Might Make Sense for a Corporate Platform"
IRC is not centralised
Brigading Against Women - Part XVIII - Turning Censorship Attempts (Articles About Matthew Garrett) Into Mild Redactions
What Lozza did two years ago
Greenland Needs Digital Sovereignty
the large icy island isn't moving to GNU/Linux as quickly as the rest of Europe
Tracker of Internet Relay Chat Networks Out of Service (But Not Down) Since Thursday
We should note that the number of unique networks they track has grown since we last checked
Gemini Links 05/10/2026: NixOS, Guix, Codeberg Banning Slop, and "Gopher Apps on Android"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 04, 2026
IRC logs for Sunday, October 04, 2026
Secret Microsoft Layoffs and Maybe Another "Voluntary Exit Program at Microsoft in October"
there's a morale crisis at Microsoft
MIT Technology Review (MTR) Reinforces MIT's Role in Promoting Slop (Pyramid Scheme) in Exchange for Money
MIT is a poster boy (or child) of institutional corruption, perverts, and corporate takeover
Many Topics to Cover
Drops in a big ocean
Proving Wrong Those Slop Maximalists and Boosters, GAFAM Says Slop is a Nuisance and Bans/Hides the Slop Submissions
People who say slop in projects is inevitable or even desirable are usually cheaters with self-guilt
Links 04/10/2026: “AI Torture Chamber” and "Aggressive Push to Integrate Hey Hi (AI) Slop Into Schools Is Turning Into a Disaster"
Links for the day
How Microsoft Hides Massive Layoffs From the Media (as Explained by Microsofters)
"rewards" are not exactly rewarding
Brigading Against Women - Part XVII - The Appeal
more to be known towards the end of the year
Gemini Links 04/10/2026: Peace in Outage, Pen Pals, and deGoogling
Links for the day
Links 04/10/2026: Fires Rage in Borneo and Mass Layoffs at Disney
Links for the day
Garrett's Litigation Partner is Unemployed Again
losing one's job
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 03, 2026
IRC logs for Saturday, October 03, 2026