"Time for more lawsuits," a reliable source has told us. Expect UPC to face several more obstacles, though Team UPC will never admit that UPC is doomed.
"...it would make the German government and the European Commission look very eager to start an illegal court -- all due to heavy lobbying, lies, and distortions.""It would help to point to some official EU documentation to that effect," a reader reminded us. Well, legally speaking, UPC cannot start because a) it strictly requires the UK signing (but it cannot because it left the EU); b) it causes various constitutional issues, some of which confirmed by courts already; c) there was no legitimate economic analysis; it was fabricated a long time ago and those who perpetrated this fraud even said they refuse to allow.
"The European Parliament has a committee dedicated specifically to constitutional matters," the reader recalled, "so this might be relevant to bring to them." Germans can use the list in this page (full contacts).
Hungary took this to court as well. It was ruled unconstitutional.
I myself decided to do my part, having contacted my MEP and said:
Commissioner Breton is refusing to properly answer your questions regarding the UPC. He evades these questions on purpose. There is a deep conflict of interest there. It is very well documented.
Now, as per last week, the UPC judges turn out to be exactly how the UPC complaint (FCC in Germany) cautioned. The judges are industry insiders, clearly not impartial, and the prospective president is an avid proponent of software parents.
I'm not an MEP, I'm just a blogger. I need you to help rectify this matter. UPC is clearly institutional injustice and it's moreover unconstitutional in at least several states. I'm sure you're aware of this already; you brought this up on the record. I've covered this before.
Can we have a discussion about this over the telephone? Do you want me to send you any supportive material?
I need your help as my representative. I spent like 1,000 hours writing about the UPC, but I am not a politician and I have no access to the EP.
Kind regards,
"There are forces of resistance and some of them will be described in a future and perhaps even imminent post."Well, that's not going to happen. They told us that in December 2018 the FCC would toss out the UPC complaint. That did not actually happen (the opposite outcome came and only in 2020); it was a commercially and politically motivated false rumour. "I suspect Karlsruhe to also [trying to] protect the [German] patent system," one person told us, and "that's why their decisions are 'political'."
The main barrier may be the public realising what they're up to. "Now it's pretty clear Karlsruhe found an excuse not to escalate to CJEU," the person added, "because the lobby behind controls the ministry of justice and wants the UPC [to enter] desperately into force."
There are forces of resistance and some of them will be described in a future and perhaps even imminent post. ⬆