Bonum Certa Men Certa

Lawyers That Lie Chronically

(Mentally) Ill man or Tilmann?

We cheated to... Win. We got... Fried.



Summary: The courts in the United States and in Europe are pushing back against the cabal of litigation firms and patent trolls; instead of evolving, as they ought to, law firms charge against truth itself

THE legal 'industry' does itself no favours any time it lies and cheats, emboldening those who accuse it accordingly.



Check what Watchtroll published today: "Using Alice’s Approach to Patent-Eligibility to Draft Patent Claims" (link omitted, as usual, but that's the headline, which can be searched).

"The legal 'industry' does itself no favours any time it lies and cheats, emboldening those who accuse it accordingly."So another patent fanatic tells us how to break the rules to get fake patents like software patents. Instead of just advising against it... knowing the extremely low legal certainty associated with those.

But wait, it gets worse. Hours ago we found this self-satirising nonsense entitled "Period of provisional application Unified Patent Court Agreement can start this year" (this is their headline, putting quotes around the lie so as to amplify it without taking responsibility for it!).

"Concerned observer" asked, having detailed the actual situation, "bearing all of this in mind, why would any sane lawyer think that it is a good idea to press ahead regardless?"

Here's the full comment, which is far more accurate than any single sentence of the anonymously posted ("Kluwer Patent blogger") propaganda piece:

“It may be derived from Art. 25(2) VCLT governing provisional application that before that date cancellation by a State is possible by simple notification”

Well, you have got to hand it to Herr Tilmann. I mean, who else could have come up with the idea that a “simple notification” from a Contracting State could have the same effect as formal withdrawal of an instrument of ratification?

I had been under the impression that, unless and until it withdraws its instrument of ratification, a State that has ratified an international treaty not only remains a Contracting State to that treaty but is also legally obliged (by Article 18(b) VCLT) to “refrain from acts which would defeat the object and purpose” of that treaty.

I had also been under the impression that Article 25(2) VCLT only applies if and when a treaty is subject to provisional application … which, of course, will NOT be the case for the UPC Agreement unless and until Germany ratifies the Protocol on Provisional Application (PPA).

Of course, if the UK does withdraw its instrument of ratification of the UPC Agreement, then this means that the PPA cannot enter into force. This is because Article 3(1) of the PPA makes the UK’s ratification of the UPC Agreement a requirement for entry into force of the PPA. It may also have terminal consequences for the whole Unitary Patent Package.

On the other hand, if the UK does NOT withdraw its instrument of ratification of the UPC Agreement, then CJEU opinion 1/09 makes it clear that Agreement will contravene EU law (at least after the end of 2020).

So, pressing ahead without any clarity regarding the UK’s position means either that there will be no provisional application period (with consequences including making it impossible to recruit judges) or that the court will contravene EU law. And this is without even considering the possibility that Germany may now be precluded from ratifying the UPC Agreement, either by the AETR case law of the CJEU or by its own Basic Law (as per para 166 of the FCC’s decision).

So, bearing all of this in mind, why would any sane lawyer think that it is a good idea to press ahead regardless?


Another commenter carried on: "and patentees worldwide are waiting for such completion of the European patent system to come for the same long period. As far as I can see, German inventors and industry are continuing their strong support for this modern system completing, at the court level, the central grant system of the EPC [.] I see you’re working more for non-EU countries. And a few select, multinational German companies, whose opinions are therefore the ones you can see. I wonder what the BVerfG will say if called upon again, and pointing to the flaws otherwise indicated in their opinion, and why Government has not commented or reacted upon those."

"So another patent fanatic tells us how to break the rules to get fake patents like software patents."And from Jan Verbist (slightly reformatted comment): "No question asked about the constitutional complaints. No mention of the court decision on “this agreement is only open to EU member states”. No mention neither of the more expensive costs of defense for SMEs [PDF]. IPO: “The costs of the new system are likely to hit SMEs the hardest.”"

As we said this morning, Germans need to press on and defend their constitution, which is under attack by Tilmann et al (see what they did to the Italians).

Recent Techrights' Posts

RMS is Done at KCL, Next Stop is Oxford
The message of RMS has long resonated well in India
US Government Already Bailing Out OpenAI/Microsoft With "Contracts", As Usual, Back Doors You Cannot Remove Becoming 'a Step Closer' on New PCs (Unless Everyone Acts ASAP)
The next "logical" step towards digital prisons
Towards GNU World Domination
The FSF led by Geoffrey S. Knauth with his friend Richard Stallman in the FSF's Board [...] Let's encourage people to adopt GNU/Linux. There has never been a better time.
GNOME, Microsoft, and GitHub: The Lack of Reporting on Abusive Colleagues Contributed to Profound Media Vacuum (or Blackout), Now Resorting to SLAPPs
This lack of morality/courage has helped enable further abuse, lining up more victims
Microsoft Already Attacks the BSDs as Well (the E.E.E. Way, as Usual)
Bearers of bad news
The Open Source Initiative (OSI) is in Trouble, May Soon be Out of Business
Openwashing needs to end
Microsoft's Debt Grew Over 6 Billion Dollars in the Last Reporting Quarter (Before Inauguration), Expect Worse Next Week When 'Results' Are Disclosed and Mass Layoffs Resume
Microsoft is bleeding. It does not want people to notice.
 
Links 22/04/2025: Ending DEI Policies at Adobe, FTC Sues Uber
Links for the day
Microsoft Devises PR Stunts to Distract From Impending Mass Layoffs and Likely Bad Results Preceding Those Mass Layoffs
A "voluntary exit plan"
Gemini Links 22/04/2025: Deaths, HamsterCMS, and More
Links for the day
Links 22/04/2025: FTC v. Meta Trial and Google Remedies
Links for the day
In Turkey, Windows Down Rapidly While GNU/Linux Grows
Although Turkey is in NATO (but not the EU), it cannot quite trust computer systems controlled by the United States
Richard Stallman Has Updated His Article on Why "Free Software Is Even More Important Now"
Richard Stallman is about to give a talk here in the UK in a few hours
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 21, 2025
IRC logs for Monday, April 21, 2025
Richard Stallman Gives Public Talk in London in 7 Hours (Need to Register as Venue Limited to 150 Seats), Public Announcements Begin to Appear
These are not announced weeks or months in advance
Gemini Links 21/04/2025: Remembering Pope Francis, Crystal Simulation
Links for the day
Doing Microsoft's Job. On IBM's Payroll.
today's Red Hat cannot recognise threats even after a head-on collision
Google News is Rewarding Slopfarms, Not Journalism
Don't read junk from chatbots
Teaching GAFAM in Schools is Like Teaching Children to Smoke Tobacco
So suggests an FSF presentation
Richard Stallman, Whose Site is Trusted by Greater Manchester, Has Come to the United Kingdom
He doesn't suck up to the Crown, so he'll never be "knighted"
On Desktops/Laptops in Singapore Does a Fifth of Users Run GNU/Linux?
Probably not, but it's growing fast there
Links 21/04/2025: Fake Ceasefire and Software Patents (Fake Patents) Thrown Out
Links for the day
Companies With Fake Values and a Fake Economic/Financial State (Phony Valuations)
It'll all go up in smoke, eventually
Links 21/04/2025: Microsoft LLM Slop (Plagiarism) Going Out of Control, CT Scans' Cancer Problems Was Underrated
Links for the day
4 Years Ago Freenode Crumbled From Within
there are still hundreds of thousands of users online at any given time
GNOME Has a Long History (Over a Decade) Misusing the Code of Conduct (CoC) to Censor (Cull) Legitimate Technical Criticism
This has nothing to do with manners, it's about control (by cover-up)
Microsoft Has Tainted GNOME, Which Has Key People Acting as a SLAPP Front Against Techrights (Trying to Censor the Site by Extortion and Many Threats)
One common denominator (other than Microsoft salaries) is GNOME, which was led by an actual professional crank until she quit so suddenly months ago
Homeland of Linux Kernel Turning to GNU/Linux?
Adoption of Vista 11 has been relatively low
According to StatCounter, This is What Linux Adoption Looks Like (Based on Web Requests Visible to StatCounter)
How much worse will it get for Microsoft?
Gemini Capsules Still Outsourcing to Certificate Authority Let's Encrypt Now Measured at Less Than 10 (or Less Than 0.3%)
In Geminispace, Let's Encrypt is not commonly used
Twisting Microsoft's Failure (Transmitting Malware) as "SSH Backdoors" and a Linux Problem
Somehow we almost always find that those FUD pieces about "Linux" are based on obvious falsehoods
Vista 11 Has Burned OEMs and Some Move to GNU/Linux
When people can finally avoid Windows (there's no reason to attach it to new PCs) there will be a lot more GNU/Linux users out there
Remember That Microsoft Mass Layoffs Are Imminent Because Its 'Empire' is Falling Apart
European politicians take a long, hard look a Free software
Richard Stallman in the UK This Week, Scheduled to Give Two Public Talks (London and Oxford)
Those talks do not cover the same topics
Gemini Links 21/04/2025: April, Autism, and ASN
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 20, 2025
IRC logs for Sunday, April 20, 2025
Links 20/04/2025: Partly Assorted Scientific and Political Leftovers
Links for the day
Links 20/04/2025: Many Data Breaches and Growing Censorship Wave
Links for the day
Gemini Links 20/04/2025: Canadian Elections and "Use the Best Tools You Have for the Current Environment"
Links for the day
Deja vu: Hitler's Birthday, Andreas Tille elected Debian Project Leader again
Reprinted with permission from Daniel Pocock
Links 20/04/2025: Bleeding Constitution and ChatGPT Infuriates Users Some More
Links for the day
Chinese OEMs (and World's Largest) Pave a Path Out of Microsoft Windows
So Microsoft now values (or prices) Vista 11 at just $140?
Gemini Links 20/04/2025: Contradictions of Mark Carney and Blog Questions Challenge
Links for the day
Microsoft's 'Lawsuit Diplomacy' (SLAPPs Riding UK Libel Law and Piggybacking UK GDPR, Inapplicable!) Will Only Give a Worse Image to Microsofters (and Microsoft), Give Exposure to Even More Suppressed Facts and Scandals
Microsoft came to dominate some sectors because of (or owing to) crimes; Microsoft won't just go away without some more crimes.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 19, 2025
IRC logs for Saturday, April 19, 2025
Five (or Three) Years Without Social Control Media
Glyn Moody quit X (Twitter)
Electronics in People's Bedrooms
Modern technology not only blurred the gap between "functions" of rooms
Why GNU/Linux is Growing
There's growing interest in GNU/Linux right now because people do not fancy buying a new PC just to 'upgrade' (more spying) Windows