Bonum Certa Men Certa

Hope Alone Won't Bring the Dead Back to Life; Team UPC Has Entered Embalming Stage

Team UPC, 2015



Summary: That same old UPC 'cult' (Team UPC) wants us to think that miraculously enough -- perhaps by means of 'divine' intervention -- UPCA will somehow find a way

"On noes!"



"Not another article about the UPC!"

"The UPC is dead. It's over now. UPCA won't be ratified anymore."No, no, don't get us wrong. We won't waste much more time on this 'carcass' legislation; neither will Team UPC, which has been mostly silent lately (and not because of the lock-downs). But a remark may be needed on this new article by Charles Russell Speechlys LLP's David Fyfield, who speaks of UPC "hope" and pushes it into Lexology (likely for a fee); when he speaks of hope he means his own hope (projection tactics). The UPC is dead. It's over now. UPCA won't be ratified anymore. They keep pretending it's merely a "Delay" (their word). But that's a lie, knowing that there's Brexit and regardless of Brexit there are constitutional issues in a number of countries other than Germany. Here's what Fyfield decided to say a month after Germany buried the UPC:

The decision is a significant setback, as it further delays the introduction of the UPC and Unitary European Patent. It does, however, leave the door open for the adoption of the UPC in the future, provided that it is passed by the necessary majority. In a reaction to the decision the German Minister of Justice and Consumer Protection, Christine Lambrecht, promised to continue to work towards a single European patent and a European Patent Court and to examine the possibility of remedying the lack of form before the end of the current legislative period (which ends in 2021).

Due to the UK’s exit from the EU, and the British government’s decision not to try and pursue participation in the UPC (which was recently confirmed in a letter from the IP Minister to the House of Lords), it is unlikely that the UPC Agreement will come before the German parliament again in its current form.

Without the involvement of the UK, the Unitary Patent and UPC are a less attractive proposition. However, provided that there remains sufficient goodwill towards the project amongst the remaining participating states, the UPC Agreement could be renegotiated so that it does not depend on the involvement of the UK. There may even be an opportunity to address some of the issues that have been flagged in relation to the current Agreement and to widen its scope to allow participation by non-EU states.

Supporters of the unitary patent and UPC should therefore not entirely despair, but a further delay of at least several years looks likely.


Not really. They may reattempt with an entirely different text, name, and a slow-moving round of likely-failed ratifications (remember that countries other than Germany nowadays openly reject it, having had time to properly study economic impact and constitutional aspects). The momentum is long gone. It was already lost 3 or 4 years ago, but Team UPC kept manufacturing or fabricating false stories to pretend otherwise. As we last noted a week ago, the UK could not make it any more clear that UPC is out of the question now. Rachel Montagnon (Herbert Smith Freehills LLP) has just caught up with it, spreading the message in which she says "IP Minister Amanda Solloway has written to the House of Lords in response to their letter formally requesting confirmation that the UK would not be participating in the UPC. This request by the House of Lords followed a response given by the Government in February to a parliamentary question (recorded on Hansard) which said this was the case (see our post here); no formal statement had otherwise been made."

So the UPC is basically dead. No UK, no UPC. Look at the UPCA. UK is a must, it's not optional! If Team UPC denies it, then it is deliberately lying.

Recent Techrights' Posts

[Meme] The Cancer Culture
Mission accomplished?
Why the Articles From Daniel Pocock (FSFE, Fedora, Debian Etc. Insider) Still Matter a Lot
Revisionism will try to suggest that "it's not true" or "not true anymore" or "it's old anyway"...
 
Free Software Community/Volunteers Aren't Circus Animals of GAFAM, IBM, Canonical and So On...
Playing with people's lives for capital gain or "entertainment" isn't acceptable
Germany Transitioning to GNU/Linux
Why aren't more German federal states following the footsteps of Schleswig-Holstein?
IRC Proceedings: Friday, May 03, 2024
IRC logs for Friday, May 03, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Alexander Wirt, Bucha executions & Debian political prisoners
Reprinted with permission from disguised.work
Links 03/05/2024: Clownflare Collapses and China Deploys Homegrown Aircraft Carrier
Links for the day
IBM's Decision to Acquire HashiCorp is Bad News for Red Hat
IBM acquired functionality that it had already acquired before
Apparently Mass Layoffs at Microsoft Again (Late Friday), Meaning Mass Layoffs Every Month This Year Including May
not familiar with the source site though
Gemini Links 03/05/2024: Diaspora Still Alive and Fight Against Fake News
Links for the day
[Meme] Reserving Scorn for Those Who Expose the Misconduct
they like to frame truth-tellers as 'harassers'
Links 03/05/2024: Canada Euthanising Its Poor and Disabled, Call for Julian Assange's Freedom
Links for the day
Dashamir Hoxha & Debian harassment
Reprinted with permission from disguised.work
Maria Glukhova, Dmitry Bogatov & Debian Russia, Google, debian-private leaks
Reprinted with permission from disguised.work
Who really owns Debian: Ubuntu or Google?
Reprinted with permission from disguised.work
Keeping Computers at the Hands of Their Owners
There's a reason why this site's name (or introduction) does not obsess over trademarks and such
In May 2024 (So Far) statCounter's Measure of Linux 'Market Share' is Back at 7% (ChromeOS Included)
for several months in a row ChromeOS (that would be Chromebooks) is growing
Links 03/05/2024: Microsoft Shutting Down Xbox 360 Store and the 360 Marketplace
Links for the day
Evidence: Ireland, European Parliament 2024 election interference, fake news, Wikipedia, Google, WIPO, FSFE & Debian
Reprinted with permission from Daniel Pocock
Enforcing the Debian Social Contract with Uncensored.Deb.Ian.Community
Reprinted with permission from Daniel Pocock
Gemini Links 03/05/2024: Antenna Needs Your Gemlog, a Look at Gemini Get
Links for the day
IRC Proceedings: Thursday, May 02, 2024
IRC logs for Thursday, May 02, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Jonathan Carter & Debian: fascism hiding in broad daylight
Reprinted with permission from disguised.work
Gunnar Wolf & Debian: fascism, anti-semitism and crucifixion
Reprinted with permission from disguised.work
Links 01/05/2024: Take-Two Interactive Layoffs and Post Office (Horizon System, Proprietary) Scandal Not Over
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day