Bonum Certa Men Certa

The Fall of the UPC - Part XI: Lies Told by Bundesverband der Deutschen Industrie (BDI) in Süddeutsche Zeitung

FTI and Süddeutsche Zeitung



Summary: Today we look at misleading claims (or lies) published by Süddeutsche Zeitung after the Germans' constitutional court (FCC) had pointed out the obvious, namely that UPC ratification would be in violation of the German constitution

THIS week we'll start to properly tackle some of the biggest lies told by Team UPC. Today and over the next few days we shall take a look at what was said and then assess the accuracy. Are clients of law firms being misled? Are correct expectations put in place and across? Readers can assess for themselves, based on what we've 'harvested' and found out about. It took more than 2 weeks and it's as exhaustive a survey as we could make it.



As a quick reminder, it took the European Patent Office (EPO) more than one week to merely mention the FCC's decision and sort of respond to it. António Campinos decided to rely on some politician (like his dad and like Battistelli, his 'professional dad'), never mind if what that politician said was unrealistic and rightly raised a few brows. The EPO's dream of 'legalising' software patents in Europe (by capturing the courts) is now dead. Over the coming years expect many European Patents to be invalidated. The same thing happened in the U.S. Patent and Trademark Office (USPTO) after Alice, a SCOTUS decision which turns 6 quite soon (early summer).

"It took more than 2 weeks and it's as exhaustive a survey as we could make it."The EPO does not seem to worry too much about the validity of patents it grants.

"EPO cannot be sued for maladministration," Benjamin Henrion pointed out the other day, and "this does not seem to concern the German Ministry of (In)justice: "The Federal Government believes that effective legal protection against decisions of the EPO exist. She currently sees no further need for reform." http://dip21.bundestag.de/dip21/btd/19/178/1917809.pdf …"

This is the politician that the EPO decided to rely on as if breaking the law and violating the Constitution is as German as Apfelstrudel.

As long as the EPO is a cash cow for and of Germany, however, some parts of the German government (or some political parties) will look the other way and do nothing. They'll play along passively, irrespective of the veracity of the EPO's words and crimes (same for The Netherlands as we found out a few years ago). It's not only a cash cow but a 'sacred cow'. EPO "Mafia" exploits that "sacred" status to get away with virtually everything...

"As long as the EPO is a cash cow for and of Germany, however, some parts of the German government (or some political parties) will look the other way and do nothing.""German government answers to FDP about the EPO are here," Henrion wrote separately.

We wrote about it a week ago.

Separately, on another day, Henrion noted that "BDI complains about the UPC FCC: "Süddeutsche Zeitung, a published in its electronic version a complaint of BDI claiming that the decision on the UPCA by the FCC was not helping industry" http://patentblog.kluweriplaw.com/2020/03/27/despite-fcc-ruling-germany-wants-to-push-ahead-with-unitary-patent-system/#comment-36730 …"

Which industry? Litigation is not an industry (a 'meta-industry' per se) but arguably a parasite that negatively impacts even the automobile industry Germany thrives in. There are many articles to that effect and it is a contentious battle of interests. What's at stake is the future of Germany's economy. Heavy industrial producer or 'paperwork capital'?

Henrion tried to make sense of the text.

"Article about BDI here," he added, citing this Süddeutsche Zeitung piece. Remember the old days when Süddeutsche Zeitung still criticised the EPO? It didn't last long. In past years we explained the dirty tricks EPO management used to muzzle its critics.

"Litigation is not an industry (a 'meta-industry' per se) but arguably a parasite that negatively impacts even the automobile industry Germany thrives in."Henrion said or quoted: "BDI and SMEs: They even go as far as to claim that the UPC could help restore economy after the Corona episode. If we were April 1st, it would be good joke. http://patentblog.kluweriplaw.com/2020/03/27/despite-fcc-ruling-germany-wants-to-push-ahead-with-unitary-patent-system/ [...] UPC will install EU-wide software patents, using the EPO doctrines "the UPC would be to establish authoritative interpretations of the EPC and validity assessment rules, to which the EPO Boards of Appeal should give considerable weight." [...]"

In the next few parts we're going to look a little deeper into false claims originating from law firms, which spent a lot of money investing in "lobbying" for the UPC, wrongly assuming they would recover these costs in increased or 'enhanced' litigation across borders. They not only harmed themselves financially; it's likely that their clients wasted billions of Euros based on false hopes and maladjusted expectations (that UPC was coming "real soon!" or whatever).

Recent Techrights' Posts

Naming Culprits in Switzerland
Switzerland is highly secretive about white-collar crime
Sanitised Plagiarism as "AI" (How Oligarchy Plots to Use Slop to Hide or Distract From Its Abuses, or Cause People Not to Trust Anything They See/Read Online)
This isn't innovation but repression
Recent Layoffs at Red Hat (2026 the Year of Ultimate Bluewashing)
I found it amusing that Red Hat's CEO has just chosen to wear all blue, as if to make a point
Team Campinos Talks About SAP Days Before EPO Industrial Actions and a Day Before the "Alicante Mafia" Series (About Team Campinos Doing Cocaine)
EPO staff that isn't morally feeble will insist on objecting to illegal instructions
Stack(ed) Rankings and Ongoing Layoffs at Red Hat and IBM (Failure to Keep Staff Acquired by IBM)
IBM is mismanaged and its sole aim is to game the stock market (by faking a lot of things)
Linuxiac May Have Reverted Back to LLM Slop (Updated Same Day)
Is he back off the wagon?
Links 15/01/2026: Internet Blackouts, Jackboots Society in US
Links for the day
 
The B in IBM is Brown-nosing and Buzzwords (or Both)
International Buzzwords Machines
IBM's 'Scientific-Sounding' Tech-Porn Won't Help IBM Survive (or Be Bailed Out)
Who's next in the pipeline?
IBM Was Never the Good Guy
its original products were used for large-scale surveillance, not scientific endeavours
The Bluewashing is Making Red Hat Extinct (They All Become "IBM", Little by Little)
IBM does not care what's legal
Slopfarms Push Fake News About Microsoft Shutdown, 30,000+ Microsoft Layoffs Last Year Spun as Only "15,000"
The Web is seriously ill
Countries Take Action Against Social Control Media and 'Smart' 'Phones', Not Slop (Plagiarised Information Synthesis Systems or P.I.S.S.)
None of this is unprecedented except the scale and speed of sharing
Sites That Expose Corruption Under Attack, Journalism Not Tolerated Anymore (the Super-Rich Abuse Their Wealth and Political Power)
Sometimes, albeit not always, the harder people try to hide something, the more effective and important it is for the general public
Links 16/01/2026: Social Control Media Curbs in Australia Underway, MElon Still Profiting by Sexualising Kids 'as a Service'
Links for the day
More People Nowadays Say "GNU/Linux"
We still see many distros and even journalists that say "GNU/Linux"
LLM Slop on the Web is Waning, But Linuxiac Has Become a Slopfarm
I gave Linuxiac a chance to deny this or explain this; Linuxiac did not
More Signs of Financial Troubles at Microsoft, Europe Puts Microsoft Under Investigation
The end of the library is part of the cuts
The "Alicante Mafia" - Part I - An Introduction to the Mafia Governing the EPO
Are some people 'evacuating' themselves to save face?
Pedophilia-Enabling Microsoft Co-founder Cuts Staff
Compensating by sleeping with young girls does not make one younger
Microsoft Shuts Down Campus Library, Resorts to Storytelling About "AI" to Spin the Seriousness of It
Microsoft is in pain
Free Software Foundation (FSF) Back to Advertising the Talks of Richard Stallman
A pleasant surprise
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 15, 2026
IRC logs for Thursday, January 15, 2026
Gemini Links 16/01/2026: House Flood and Pragmatic Retrocomputing Dogfooding
Links for the day
Links 15/01/2026: Starlink Weaponised for Regime Change (by Man Who Boasted About Annexing South American Countries for Tesla's Mining), Corruption in Switzerland Uncovered by JuristGate
Links for the day
GAFAM and IBM Layoffs Outline
a lot of the layoffs happen in secrecy and involve convincing people to resign, retire, relocate etc.
Coming Soon: Impact With EPO Cocainegate
Will Campinos survive 2026?
The Last 'Dilberts' or Some of the Last Salvaged (Comic Strips Which Disappeared Shortly After They Had Been Published)
Around the time the creator of Dilbert went silent he published some strips mocking TikTok and usage of it
The Creator of Git Probably Doesn't Know How to Install and Deploy Git
Nobody disputes this: Mr. Torvalds created Git
Slop is a Liability
Slopfarms too will become extinct because people aren't interested in them
GAFAM is a National and International Threat to Everybody
GAFAM is just a tentacle in service of imperialism
EPO People Power - Part XXXVI - In Conclusion and Taking Things Up Another Notch
They often say that the law won't deter or stop criminals because it's hard to enforce laws against people who reject the law
Running Techrights is Fun, Rewarding, and Gratifying
In Geminispace we are already quite dominant
Red Hat is Connected to the Military, Its Chief Comes From Military Family (From Both Sides)
The founder of Red Hat's parent company literally saluted Hitler himself (yes, a Nazi salute)
Don't Cry for Gaslighting Media in a Country Which Loathes the Press
my wife and I received threats for merely writing about Americans
Red Hat (IBM) is Driving Away Remaining Fedora Users
I've not used Fedora since Moonshine
Robert X. Cringely Has Already Explained IBM's Bullying Culture (Towards Its Own Staff)
IBM is a fairly nasty company
Proton Mail compromise, Hannah Natanson (Washington Post) police raid & Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 14, 2026
IRC logs for Wednesday, January 14, 2026
Gemini Links 15/01/2026: "Ode to elinks", envs.net Pubnix and Downtime at geminiprotocol.net
Links for the day
Still Condoning Child Labour and Exploiting Unpaid Children Developers as PR Props (to Raise Monopoly Money)
These people lack morals. So they project.
"Security, AI or Quantum" on "the IBM Titanic"
Who's RMS?
Hours Ago The Register MS Published Microsoft Windows SPAM "Sponsored by Intel." The Fake 'Article' Says "AI" 34 Times.
The Register MS isn't a serious online newspaper
EPO People Power - Part XXXV - Where Else Will Corruption and Substance Abuse be Tolerated?
We need to raise standards
Status and Capital
People who do a lot are too busy to boast about it and wear fancy garments
IBM Paying the Price for Treating Workers Badly and Discarding Real Talent (Because It's "Expensive")
IBM is dead man walking
Turbulence Ahead
I last rebooted my laptop in 2023
Google News Rewards Plagiarism With LLMs (About Linux, Too)
Google is in the slop business now
Links 14/01/2026: Failing Economy and Conquest Abroad as a Distraction From Domestic Woes
Links for the day
Gemini Links 14/01/2026: The Ephemerality of Our Digital Lives and "Summer of Upgrades"
Links for the day
Projection Tactics - Part III: Silencing Inconvenient Voices Online
If X gets banned in the UK, it'll be hard to see what the spouse says in public
Outsourcing on Microsoft's Agenda, Offshoring Also
"In some cases, India hiring is poised to replace certain roles previously based in the U.S."
Links 13/01/2026: 'Dilbert' creator Scott Adams Passes Away With Cancer, Ban on X/Twitter Considered for CSAM Profiteering
Links for the day
The Goal is Software Freedom for All
Anything to do with "Linux Foundation" is timewasting
Reminder That Red Hat Enterprise Linux (RHEL) Is Not Free, And It's Because of IBM
software freedom just 'gets in the way'
Under IBM, in Order to Game the Stock Market, Red Hat Resorted to Boosting the Biggest Ponzi Scheme in Human History
This is what IBM turned Red Hat into
Revision handed Microsoft the keys to the distortion of the past/history
This isn't the first time The Register MS rewrites computing history in Microsoft's favour, as we pointed out several times in past years
What Will Happen to GAFAM After the US Defaults Rather Than Bails Out the Market?
Or tries to topple every government that doesn't play by its rules?
EPO People Power - Part XXXIV - Bad Optics for the European Union (for Failing to Act and Tolerating Cocaine Use in Europe's Second-Largest Institution)
There are principles in laws which tie awareness with complicity
EPO's Central Staff Committee is Now Redacting (Self-Censoring) Due to Threats From the EPO "Mafia"
"On the agenda: salary adjustment procedure for 2025 (as of January 2026)"
"AI" (Slop) 'Demand' Isn't Growing, It's Fake, It's a Pyramid Scheme
They try to resort to 'creative' accounting (fraudulent schemes like circular financing)
Difficult Times at IBM and Microsoft Ahead of Mass Layoffs (Probably Before This Month's Results Unless Postponed to 'Prove' Rumours 'Wrong')
IBM and Microsoft used to be tech giants. Nowadays they mostly pretend by pumping up their stock and buying back their own shares.
Canonical: Make Ubuntu Bloated (Debian With Snaps), Then Sell the 'Debloated' Version for a Fee
If people want a light distro, then they ought not pay Canonical but instead choose a light (by design) GNU/Linux distro
People Don't Want "Just Enough", They'll Look for Quality
That's why slopfarms will go away or become inactive
Gemini Links 14/01/2026: 3D and Tiny Traffic Lights Pack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 13, 2026
IRC logs for Tuesday, January 13, 2026
Slop Waning Whilst Originals Perish
Slop is way past its "prime"
XBox's 'Major Nelson' Loses His Job Again, This Time in a Microsoft Mono Pusher
Microsoft hasn't much of a future in gaming. XBox's business is in rapid decline and people who push Mono to game developers are the same