Bonum Certa Men Certa

The Fall of the UPC - Part VII: Lies and Revisionism About the Reasons for the UPC's Ultimate Demise (to Leave the Door Open for More Failed Attempts)

"FAKE NEWS!!!!!!" This is how Team UPC's so-called 'news' sites respond to a high court's decision (an infantile approach because of their rejection of reality)

FCC Rejected UPC?



Summary: The media was lying in a hurry, in a coordinated effort to distort the meaning of the FCC's decision or belittle the impact of this decision; Techrights will carefully watch and respond to these lies

THE press coverage about the death of the UPC is starting to end. Much of it came on Friday and Monday. As for tweets? Well, not many of them anymore. It's settled anyway. The record is settled. But Team UPC is still trying to distort it and litigation firms keep lying about what happened and what will happen next. We'll keep this series running until, inevitably, things are quiet or "mum". It might take a while, maybe spilling onto April.



"We'll keep this series running until, inevitably, things are quiet or "mum"."So let's start with some accurate coverage, coming from people who actually work in technology as opposed to litigation. Yesterday we saw the article "Double Blow To The EU's Long-Delayed Unified Patent Court, But Supporters Unlikely To Give Up" (accurate summary). The opening paragraph says:

Remember the EU's unitary patent plan? No surprise if you don't -- attempts to create a unitary patent system across the region have been dragging on for decades. Back in 2012, Techdirt noted that the European Parliament had finally approved the plan to set up a new Unified Patent Court (UPC) for the EU, but it still hasn't come to fruition. Recently, the scheme has been dealt two major blows that are likely to delay it further, even if they don't kill it off entirely.



In its current incarnation it's dead (where death means no more attempts; they need a reboot/respawn) and there's no guarantee that it will ever materialise. Ever.

"In its current incarnation it's dead (where death means no more attempts; they need a reboot/respawn) and there's no guarantee that it will ever materialise. Ever."In a site of Team UPC, lobbyist and booster of Team UPC for a number of years, an author who already admitted the death (in Twitter at least) speaks of "UPC ‘soul searching’". Max Walters summarises: "Lawyers across Europe say the UPC project could be open to future challenges even if the German parliament meets the required two-thirds majority" (the rest is behind a paywall).

Many, many barriers exist, including those inside the complaint. There are further complaints waiting to be submitted/filed shall the need arise.

It's worth noting that another UPC propagandist ("JUVE Patent") has just promoted this myth: “This formal objection can be eliminated by a new vote with a two-thirds majority. Fortunately, the Federal Constitutional Court has rejected all factual objections to the constitutional complaint as inadmissible or unfounded.”

No, it did not!

As Benjamin Henrion put it, "they read the decision as only the 2/3 majority problem..."

Well, here they lie again and JUVE keeps printing these lines.

As Shawn put it in our IRC channel, "if they don't agree with you, change history, great tactic..."

Are they going to start repeating this lie for years to come?

"Well, here they lie again and JUVE keeps printing these lines."Well, if they do and whenever they do we shall call out the liars.

Here's what another UPC propagandist wrote in Twitter: "Reading German Constitutional Court decision, the UPC is not dead but is on life support. Question is whether the will exists to revive it. Right now, that’s very doubtful."

Life support?

What does that even mean?

"When the EPO's PR firm pays you to lie for the UPC," I responded to them, "and advocate the UPC you call corpses "technically alive" (maintaining the lie to maintain one's income)..."

I was referring to IAM taking money from the EPO's PR firm to promote the UPC worldwide. It's no secret that EPO money corrupts the media and Team UPC relies heavily on bribed and/or infiltrated media. This is a problem we touched on in previous parts. It's like a separate, albeit big, issue. There are several aspects to it, e.g. media taking bribes, media taken over by law firms, and media selectively quoting only particular law firms with a particular agenda. Bristows LLP does this a lot. Gregory Bacon (Bristows) responded to the decision on Friday with "German Constitutional Court upholds UPC complaint"

This title is correct, for a change (they typically lie a lot), but the rest is a lie. His colleague Brian Cordery (Bristows) was meanwhile pushing injunction agenda in the UK by reprinting for Katie Cambrook and Ben Millson. They hope for and want lots of injunctions (embargoes) in their aggressive UPC. So they don't care about underlying facts.

"There are several aspects to it, e.g. media taking bribes, media taken over by law firms, and media selectively quoting only particular law firms with a particular agenda."As Benjamin Henrion put is on the day: "There will be calls to mod the German Constitution to make it UPC compatible "Any conferral of judicial functions on international courts modifies this comprehensive allocation of jurisdiction and, is an amendment of the Constitution in substantive terms" https://www.bundesverfassungsgericht.de/SharedDocs/Pressemitteilungen/EN/2020/bvg20-020.html …"

Let's change the dog to match the tail?

Over at WIPR (World Intellectual Property Review) there was yet more of the typical lying or embellishments. It is a marketing/spam/PR site, which once upon a time did actual journalism (e.g. about EPO abuses). Is it still a news site? Consider this as a new example.

How is this "news" and not an ad?

WIPR's business model is bare and naked for all to see.

It's neither news nor information.

Here's their opening tweet from Friday: "NEWSFLASH: German court deals hammer blow to UPC. The German Federal Constitutional Court has upheld the constitutional complaint filed against the country’s Unified Patent Court legislation."

True, and here's the corresponding article. But watch the content. What is this, a joke?

Henrion quoted from there: "Gordon Harris, global co-head of IP at Gowling WLG, says that it is almost “inconceivable” that this will go back before the German parliament until that renegotiation process is complete.”

"Over at WIPR (World Intellectual Property Review) there was yet more of the typical lying or embellishments.""No kidding," Henrion remarked.

Misframing the issue to add a loaded statement? "Team UPC is a pathetic bunch of self-important liars," I told him. How long can the lies go on for?

Another shameless lie, a Big lie, was quoted here based on another WIPR article: "Yet, that does not change anything about the fact that most of industry is rightly in favour of the system even without the UK, and time for improvements isn’t a bad thing, is it?"

"Time to prepare the next phase," Henrion responded, suggesting "thousand of companies [rally] against the UPC..."

Will these publishers pay attention? They almost never quote actual companies as opposed to law firms which claim to speak for companies (and deliberately misrepresent these).

They're paid to lie. Lying is their occupation.

Here's what WIPR tweeted on the above article: "UPC analysis: is a UK 'litigation hub' on the horizon? Today’s decision from Germany may herald the end of the Unified Patent Court, but UK litigators are looking forward to the opportunities."

"Sooner or later someone from the EPO will say something and one can be pretty certain this will be a lie, supported only by the above publications which lie deliberately."Litigators. That's it.

Because the UK has nothing but litigators in it, right? No actual companies. Just lawyers!

Lobbying for the UK to become a haven for patent trolls and failing to see how evil that is, sites like WIPR actively work to undermine real British companies.

António Campinos and Benoît Battistelli have still not said a thing, nor has the EPO. Total silence.

Sooner or later someone from the EPO will say something and one can be pretty certain this will be a lie, supported only by the above publications which lie deliberately.

Recent Techrights' Posts

Microsoft's Entryism as Mortal Risk/Danger: The Example of the Open Source Initiative (OSI)
Microsoft is a cult
FSF Amicus Brief: Aspose.PDF for .NET 24.2.0, OOXML (.docx), and Microsoft Word (Proprietary)
Could the FSF not find any law firm that, in addition to talking about or for Free software, does not use .NET, OOXML, and almost everything Microsoft?
New Interview With Richard Stallman in Italy (Manuel Cuda News)
Due to Google's growing aggression against Free software and proper APIs, this cannot be downloaded and converted to a free format
The UEFI hype and Microsoft's lies
By Sami Tikkanen
Over at Tux Machines...
GNU/Linux news for the past day
In Central African Republic Windows Has Pretty Much Fallen to Zero
We need to focus on Software Freedom
Microsoft Windows Down to 8.5% in South Africa
South Africa and Egypt are strategic in Africa
 
Social Control Media as a Rapid Race to the Bottom - Part I - That Sinking Feeling
When you realise you made an error and things you adopted more than 15 years ago became utterly bad
The Fall of the Open Source Initiative (OSI): An Introduction
In a nutshell: there's a massive conflict inside the OSI and the OSI stooges (staff serving Big Sponsors like Microsoft) try to hide it
Links 04/03/2025: Microsoft Issues Policy Instructions to the Cheeto Mussolini Administration, Cloudflare Engages in Mass Censorship Again
Links for the day
Gemini Links 04/03/2025: Athens, Fedora 41, and Yelling at Clouds
Links for the day
The Free Software Foundation (FSF) Belatedly Comments on Case That Tests Copyleft in the United States
"The Free Software Foundation (FSF) announced today it has submitted an amicus brief in the case entitled Neo4j"
Paraguay: GNU/Linux Surging to New Usage Levels (7%), According to statCounter
Notice that the gains are at Microsoft Windows' expense
If They Try to Censor You on Some Topic, Then You Should Cover This Topic Even More
OSI is only a small part of it
IRC Proceedings: Monday, March 03, 2025
IRC logs for Monday, March 03, 2025
Thorsten Glaser & Open Source Initiative (OSI) resignations due to AI whitewashing
Reprinted with permission from Daniel Pocock
Gemini Links 03/03/2025: Copyrights, GrapheneOS, and SpaceBeans
Links for the day
Links 03/03/2025: Europe Rallies Behind Ukraine, Measles Flourishes in US Again
Links for the day
After Fund-raising Campaign the Free Software Foundation Still Raises About $13,000 Per Week (Without Campaigning for New Donors/Members)
Richard Stallman in the Board is not a liability
Links 03/03/2025: 'Monetisation' Myth' and Microsoft's LLMs Helping Criminals
Links for the day
The New Series About the Open Source Initiative (OSI) and the Microsoft Entryism in OSI is Closely Related to the SLAPP Against Techrights
Also based on the leading publication that they want removed
New Series: A Deep Dive Into the Severe Corruption of the Open Source Initiative (OSI), Nowadays a Front Group and Lobbyist of Microsoft
There's a lot to show
Links 03/03/2025: Mass Layoffs in IBM China, Intel Still in Trouble
Links for the day
3 Out of 4 in Cuba Use Linux to Access the Web
Maybe change does come about...
Doing Free Software for a Living in an Era or a Time of Abundance of Code (and Fast Internet to Pass It Around Freely) or Writing When the Web is Attacked by LLM Slop
Tailoring code to needs is the key
Links 02/03/2025: Day Off, POWER9, Console Challenge
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 02, 2025
IRC logs for Sunday, March 02, 2025
Microsoft Windows Falls to All-Time Low in Thailand
We're seeing many all-time records like these so far in 2025
Gemini Links 02/03/2025: Snowdrop Flower and Hostile Leaders
Links for the day
Links 02/03/2025: Microsoft Outlook Goes Offline, Foreign-Owned Social Control Media Interfering With Fair Elections
Links for the day
According to statCounter, Windows Falls Off a Cliff in Maharlika, GNU/Linux Surges to 5%
But mobile is king
New Video Clip of Richard Stallman's Latest Visit to and Talks in Italy
Richard Stallman or RMS giving his latest talk last week
Windows Used by Only One in Six Asians to Access the Web, According to statCounter
maybe more governments in Asia should move away from Microsoft
GNU/Linux Reaches 5% in Brazil, an All-Time High According to statCounter
There are hundreds of millions of people in that country
Google Already Dominates the Global South (via Android/Linux)
If one puts aside Russia and east Europe, not many countries exist that still connect to the Web from Windows more than from Android
GNU/Linux Widespread in Finland, Sweden, and Norway
Sweden has many Chromebooks in schools3 nations
Germany's Incoming Leader Said He'd Seek More Independence from the US, GNU/Linux Soars to 6%
Last month it was 5%
For the First Time GNU/Linux is Measured at Over 4% in Europe (Not Counting ChromeOS/Chromebooks)
Europe, on average, is now estimated to have GNU/Linux on 1 in 25 Web-connected laptops/desktops
Over 2 Years of LLM Hype and Nothing to Show for It
People still use search, not chatbots
Apple's iOS Almost Bigger Than Windows Now (Internationally), Windows Falls to 22% According to statCounter
Without Windows domination, there's not much left going for Microsoft
Putin's Loyal DOGE
We hereby crown Arvind Krishna "Putin's DOGE"
The Media Barely Reported This (Late Friday): IBM Lays Off About 2,000 More Workers, Effective Hours Ago
Maybe some diversity programs can help IBM recruit slaves or grossly-underpaid staff
Microsoft Money Being Spent to Bully Techrights Only Legitimises Techrights
The longer it goes on for, the greater the Streisand Effect
Suing One's Way Out of Real Trouble Won't Work (It Merely Increases the Trouble)
"Guns for hire" in London can only issue "legal" threats
Microsoft Writing Articles About Microsoft, Using Microsoft LLMs
Right now there are many articles about Microsoft Outlook being down completely
Gemini Links 02/03/2025: OFFLFIRSOCH 2025 and Programming
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 01, 2025
IRC logs for Saturday, March 01, 2025