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06.29.16

EPO Management Bunker: “The Bailiff Who Came to Deliver the Subpoena was Escorted off the Property by Five Security Guards.”

Posted in Europe, Patents at 3:55 am by Dr. Roy Schestowitz

Entering ‘bunker mode’ (or paranoid mentality)

NRC on Battistelli's EPO

Summary: Battistelli has essentially turned the European Patent Office (EPO) into a barracks, where he continues to enjoy immunity from the rule of law and discourages those who wish to challenge this immunity

THERE IS a new NRC article about Battistelli’s EPO today. It helps reveal just how far the EPO’s “lines of defense” would go to protect the ‘King’, who has been busy defaming a truth-telling judge and breaking many of his own rules in the process.

“At the European Patent Office,” says yesterday’s article from French media, “the French boss ferments anti-Union culture” (that’s what the headline says, albeit a proper translation is needed). The article should say he’s against the rule of law, not just unions. The man has gone totally off the rails and he now wastes a fortune on personal bodyguards. Instead he should resign, sparing these costs and giving the EPO a chance at long-term survival. “Unfortunately,” told us one person about the French article, it is “not fully complete (no indication of the firing of staff representatives) but at least a bit of coverage” (there’s more coming in English for sure).

“It helps reveal just how far the EPO’s “lines of defense” would go to protect the ‘King’, who has been busy defaming a truth-telling judge and breaking many of his own rules in the process.”This morning, for a number of hours in fact, quite a few people told us about this article. It was published earlier this morning and Petra Kramer, a Dutch speaker, has said “it’s the same story again.”

“There is a juicy bit about the office gestapo,” she added. “A bailiff who came to deliver a subpoena was escorted out by 5 guards.”

Here is Kramer’s translation with highlights in yellow:

Union wants to repeal Battistelli’s immunity

EUROPEAN PATENT OFFICE. SUEPO, the union representing EPO staff, subpoenaed the patent office. The union calls on Member States to take action against President Battistelli.

Eppo König

June 29, 2016

The immunity of President Benoît Battistelli of the European Patent Office should be repealed. SUEPO requested the 38 Member States of the Agency to do so through lawyer Liesbeth Zegveld on Tuesday.

The reason for the call is the further escalation of the labour dispute between the union and Frenchman Battistelli. The union, which represents half of the 7,000 workers, has now taken the patent office to court because of sanctions against trade unionists.

The agency grants European patents and has offices in Germany, Austria, Netherlands and Belgium. As an international organization, the patent office does not fall under national labour law and enjoys immunity. The Hague Court contested the immunity, but Battistelli has ignored that ruling. The case is now before the Supreme Court.

The administrative crisis will take center stage as the management board, meets the highest body with representatives from the 38 Member States, Wednesday and Thursday in Munich. The patent office does not want to speculate on the agenda of the management board, says a spokesman.

The management board instructed Batistelli to normalize the relation with the union in March. Instead SUEPO-Secretary Laurent Prunier was recently suspended for alleged misconduct. There are “disciplinary inquiries” for seven union officials, more than a third of the total SUEPO officials, says lawyer Zegveld. The procedures could result in dismissal or reduction in salary or pension.

The union has filed a lawsuit in the Hague court to let the judge investigate the disciplinary measures independently. The bailiff who came to deliver the subpoena was escorted off the property by five security guards. They even refused to tell him where the mailbox is.

A number of important countries, such as Germany, France and Switzerland, are very critical of Battistelli. Their irritation was recently enlarged by Batistelli who personally exercised pressure in dismissal proceedings against an Irish patent judge. Battistelli demanded in a letter that the judge would not be granted a public hearing by a Board of Appeal. The Board of Appeal stated that its independence was at stake and did not accept the dismissal.

The patent office does not respond to individual cases, said the EPO spokesman.

The EPO’s PR team is too blindly loyal to Battistelli and this isn’t too amusing. Its cowardly behaviour inadvertently reinforces/maintains the perception of secrecy at the EPO, which helps it not at all. As for half a dozen bodyguards escorting one single person, we cannot help evoking the video below again.

Keeping the Guard and Securing Society From Software Patents

Posted in Asia, Europe, Patents at 3:22 am by Dr. Roy Schestowitz

Lobbyists are preying on public indifference

Guarding lion

Summary: The policies over which Indians and Europeans have kept guard are being ‘stolen’ by vested interests

Typically, when patent lawyers say they offer an analysis on something it means they try to sell something. This applies to lawyers in many areas and patent lawyers are no exception. So-called (derogatory label) ‘grease monkey’ garage workers are a suitable analogy here, as there’s a reputation among them for leaving things poorly repaired at times, in order to have returning clients and more expensive products (or services) sold.

The patent lawyers in India still lobby on software patents in the country, as usual. Seeing their list of clients helps explain why. This new ‘analysis’ titled “Aspects of Patentability of Software Programmes in India” talks about software patents in India and it is basically more of the same.

“Software patents are not entirely dead in Europe.”“Alignment with the position in US,” notes the author, as if the two system are connected somehow (except perhaps for wishful thinkers).

People need to recognise that the interests of patent lawyers are rarely the same as people’s (at large) interests. This is especially true in India and to a lesser degree in Europe, where at least many of the applicants are in fact European. Pay attention to this EPO tweets from yesterday (one among several such tweets as of late). It is almost as though they allude to software by another name now, “ICT” (not just telecommunications), and they reach out to the USPTO (as if there are foreseeable unification plans, not mere technical collaborations). Battistelli’s EPO would love to expand patent scope and unless people work hard (tirelessly every year) to prevent this, it might actually happen at the end. Software patents are not entirely dead in Europe. There’s work to be done.

Benoît Battistelli Further Weaponises His EPO ‘Stasi’ With CA/52/16

Posted in Europe, Patents at 1:18 am by Dr. Roy Schestowitz

CA/52/16
Click for full view

Summary: A glimpse at what Benoît Battistelli will shortly attempt to do to the EPO, in order to cement his power in the face of growing opposition from many directions

“The proposed regulations in CA/52/16,” we have learned, “on “standards of conduct” and investigations – would give even more power to the Investigative Unit. These regulations would also impose on staff the obligation to denounce their colleagues for any behaviour that is not in line with ill-defined “standards of conduct” or a long list of possible misconducts. Significantly, this obligation does not apply to “documents, deeds, reports, notes or information covered by specific requirements of confidentiality under the legal framework of the Organisation”, i.e. to misconduct by the Investigative Unit or other parts of the administration. Previous references to data protection regulations have disappeared. The list of possible misconducts does not form part of the service regulations themselves but of revised Circular 342, the “Investigation Guidelines”, which the EPO president can change himself at any time, without approval of the Council. The non-exhaustive ‘list of possible misconducts’ is in Article 2 of the president’s proposal for a revised Circular 342 – Investigation Guidelines” (shown above, click to focus).

EPO Caricature: Administrative Council Control of Benoît Battistelli

Posted in Europe, Humour, Patents at 12:56 am by Dr. Roy Schestowitz

Administrative Council and Benoît Battistelli

Summary: Another new caricature regarding the President of the European Patent Office (EPO) and lack of effective oversight from the Administrative Council (European Patent Organisation)

EPO Caricature: Firing Benoît Battistelli

Posted in Europe, Humour, Patents at 12:47 am by Dr. Roy Schestowitz

Firing Benoît Battistelli

Summary: The latest caricature regarding the President of the European Patent Office (EPO)

06.28.16

Links 28/6/2016: Red Hat Summit 2016, Hadoop Events

Posted in News Roundup at 6:22 pm by Dr. Roy Schestowitz

GNOME bluefish

Contents

GNU/Linux

Free Software/Open Source

Leftovers

  • The gift and curse of CEO ego

    After a leader effectively keeps her or his ego in check, where does he or she begin delegating decisions and problem solving? To find the answer to that question, one must simply explore where value is created. The people involved in creating value are the people who should be most involved in the decision-making process. Having maturity, curiosity and determination, our newly-open CEO should be willing to open up that decision-making process and give decision making power and trust to those individuals, whether within the company or outside. The leader’s role should be to support those people and groups, and to create an environment in which they can come up with the solutions that best suit their immediate situations, and the company as a whole—not an environment that lets the CEOs ego spiral out of control.

  • Health/Nutrition

    • WHO Names New Head Of Health Emergencies

      The World Health Organization has named veteran health crisis expert Peter Salama of Australia the next head of the Health Emergencies Programme, a high-profile position for the UN agency’s leadership against outbreaks and disasters.

  • Security

    • Libarchive Security Flaw Discovered

      When it comes to security, everyone knows you shouldn’t run executable files from an untrustworthy source. Back in the late 1990s, when web users were a little more naive, it was quite common to receive infected email messages with fake attachments.

  • Defence/Aggression

    • The Glorious Dictatorship of Uzbekistan

      A very curious puff piece has turned up in the Guardian for holidays in Uzbekistan, which fails entirely to mention that it is one of the world’s least free countries and most repressive dictatorships. Nor is this irrelevant to tourism, as there could well be serious problems for visiting religious muslims or gays, and it very definitely impinges on everybody’s freedom to move around.

    • Trading Places: Neocons and Cockroaches

      Neocons want a new Cold War – all the better to pick the U.S. taxpayers’ pockets – but this reckless talk and war profiteering could spark a nuclear war and leave the world to the cockroaches, writes Robert Parry.

  • Finance/Brexit

    • EU referendum: MEPs discuss Brexit negotiations
    • Nigel Farage jeered and booed as he tells MEPs they are ‘in denial’ over Brexit

      Ukip leader Nigel Farage was jeered by the European Parliament after he told MEPs that they were “in denial” about Brexit and that they had “never had a proper job before”.

      His astonishing speech at a special meeting of the European Parliament today ended with boos echoing through the Brussels chamber.

    • The Calm Stroll to Independence

      Scottish nationals have two supra-national citizenships. One is UK citizenship, the second is EU citizenship. In democratic referenda over the past two years, Scots have voted clearly to retain both citizenships.

    • The EU may drop English as their official language

      English, the world’s second language and the main working tongue of EU institutions, may no longer be an official language of the European Union once Britain leaves the bloc, a senior EU lawmaker said on Monday.

    • Romanians for Remainians: an ‘adoption’ offer for bewildered Brits

      If the Brexit fallout has left you reeling and combing your family tree for alternative passport options, it might be time to consider adoption by a Romanian family.

      A daily newspaper in Bucharest has launched a “Romanians for Remanians” campaign, offering a new home to the 48% of Britons who voted to stay in the European Union.

      The Gandul website tells Brits who believe in a united Europe to “leave the Brexiters, the quarrelling and the weather behind” and “start brand new life” in Romania.

  • AstroTurf/Lobbying/Politics

    • Kuenssberg Goes Into Overdrive

      170,000 Labour members voted against Jeremy Corbyn in the last leadership election. Any of them can expect to be made briefly famous by Laura Kuenssberg as she deliriously seeks to promote her “Labour members turn against Corbyn” message.

      She broadcasts that Andy Slaughter’s resignation from an obscure shadow junior ministerial post is “different”, because he uses the word “comrade”, and is a sign that even Corbyn’s supporters are turning against him.

      Let’s consider that a moment. Slaughter’s voting record shows that he is a strong supporter of nuclear missiles and Trident replacement, and voted consistently against an inquiry into the Iraq war. So Kuenssberg’s characterisation of Slaughter is false.

      And did Slaughter support Corbyn for leader last time? No. Andy Slaughter actually nominated Yvette Cooper for leader.

      But worry not. Kuenssberg has another, killing example that Corbyn has lost it. The former leader of Dudley Council, councillor Dave Sparks, is going to vote against him! Kuenssberg evidently expects this bombshell to move financial markets. And did Bob Sparks vote for Corbyn the first time? Er, no. But, Kuenssberg announces, some other Labour councillors will vote against Corbyn too! Amazing!

  • Censorship/Free Speech

    • Web content blocking plan for EU’s draft anti-terrorism law hits stumbling block

      A controversial vote over planned Web blocking rules—recently squeezed into the EU’s draft anti-terrorism law—has been postponed by a week.

      It was due to take place on Tuesday in the European Parliament’s civil liberties committee, but the vote has now been pushed back to Monday June 27.

      The latest draft of the directive on combating terrorism contains proposals on blocking websites that promote or incite terror attacks. Member states “may take all necessary measures to remove or to block access to webpages publicly inciting to commit terrorist offences,” says text submitted by German MEP and rapporteur Monika Hohlmeier.

    • Vanuatu Daily Digest condemns ‘blanket state censorship’ of social media

      Vanuatu’s Public Service Commission is forbidding government workers from accessing social media, Radio Vanuatu News reports today.

    • Arab Atheists Decry Facebook Censorship on Posts Critical of Islam

      Atheist groups in the Middle East and North Africa region are demanding that Facebook, which has deleted numerous pages with more than 100,000 members for criticizing Islam, change the way it addresses violation claims so that members’ freedom of speech is preserved.

      In April, Facebook removed more than six Arabic-speaking atheist pages due to “violations” of Community Standards, after deactivating 10 of the largest Arabic-speaking atheist groups with a total of about 100,000 members, in February, according to The News Hub.

      The censorship is a result of organized efforts by “cyber jihadist” groups to get anti-Islamic groups or pages removed, atheist groups say.

    • Chaos escalates and CEO quits at SABC headquarters over censorship

      According to Tech Central, veteran journalist and SABC acting CEO Jimi Matthews has quit, saying in his resignation letter that what is happening at the state-owned broadcaster is “wrong” and that he can “no longer be a part of it.”

    • I don’t even know what censorship is – Hlaudi Motsoeneng

      SABC COO Hlaudi Motsoeneng has scoffed at suggestions that the public broadcaster is engaging in censorship, saying censorship is an English concept, so he “doesn’t know it”.

      Speaking at a media briefing at the SABC’s Johannesburg head office in Auckland Park, Motsoeneng took to the microphone to deliver a customary diatribe against his detractors.

      “I don’t even know what censorship is,” an exasperated Hlaudi Motsoeneng said.

      “What is this censorship thing? It is English so I don’t know it. There is no censorship here,” he declared.

    • Journalists take a stand against SABC censorship

      An online petition aimed at freeing the SABC from censorship and political interference has been started.

      It is calling for the public broadcaster to stop intimidating and purging staff with opposing views.

      The petition, initiated by worker union Bemawu, is asking for the independence of journalists to be guaranteed and for the SABC board to be replaced.

      It also wants the newscaster to comply with its own charter, the constitution and the Broadcasting Act.

      The petition calls for the withdrawal of the alleged financial reward of R100,000 to anyone who informs on staffers leaking information to the media.

    • Journalists under fire and under pressure: summer magazine 2016
  • Privacy/Surveillance

    • NSA advises White House, federal agencies on cybersecurity

      One of the National Security Agency’s most important roles in government cybersecurity is advising the White House and other federal agencies about potential risks and opportunities. Philip Quade, special assistant for cybersecurity to the NSA director, leads that effort.

    • German government proposes shorter leash for intelligence agency
    • Germany puts a (long) leash on its spooks
    • German cabinet agrees to tighten control over spy agency
    • German Cabinet agrees upon new controls for spy agency
    • Germany to further curb activities of spy agency in wake of NSA scandal
    • He Was a Hacker for the NSA and He Was Willing to Talk. I Was Willing to Listen.

      The message arrived at night and consisted of three words: “Good evening sir!”

      The sender was a hacker who had written a series of provocative memos at the National Security Agency. His secret memos had explained — with an earthy use of slang and emojis that was unusual for an operative of the largest eavesdropping organization in the world — how the NSA breaks into the digital accounts of people who manage computer networks, and how it tries to unmask people who use Tor to browse the web anonymously. Outlining some of the NSA’s most sensitive activities, the memos were leaked by Edward Snowden, and I had written about a few of them for The Intercept.

    • What Price Security Surveillance Now?

      A couple of weeks ago I attended a meeting of the Manchester branch of the Open Rights Group to discuss the proposed Investigatory Powers Bill known as the IPBill and currently about to be discussed and voted on by the House of Lords.

      [...]

      One important additional question is “how did we get here?” It seems likely that we have boxed our politicians into a corner: when there is a bad news story (such as a terrorist attack), we, or the Press supposedly on our behalves, demand to know why it wasn’t prevented. The politicians, therefore, go to the security services and police and ask what tools they want in order to ensure it doesn’t happen again. And, of course, this puts the spies and law enforcers in a tight spot because now they will be held responsible, so they obviously ask for strong powers. Pervasive bulk surveillance is just one of the arrows they demand for their quiver.

    • Russian ISPs will need to store content and metadata, open backdoors

      Russia’s lower house of parliament, the State Duma, has approved a series of new online surveillance measures as part of a wide-ranging anti-terrorism law. In a tweet, Edward Snowden, currently living in Russia, wrote: “Russia’s new Big Brother law is an unworkable, unjustifiable violation of rights that should never be signed.”

      As well as being able to demand access to encrypted services, the authorities will require Russia’s telecom companies to store not just metadata, but the actual content of messages too, for a period of six months. Metadata alone must then be held for a total of three years, according to a summary of the new law on the Meduza site. Authorities will be able to access the stored content and metadata information on demand.

  • Civil Rights/Policing

    • Appeals Court Rejects Revenge Pornster’s Appeal; Another Bad Section 230 Ruling

      We’ve noted in the last month or so a series of court rulings in California all seem to be chipping away at Section 230. And now we’ve got another one. As we noted last month, revenge porn extortion creep Kevin Bollaert had appealed his 18-year sentence and that appeal raised some key issues about Section 230. As we noted, it seemed clear that the State of California was misrepresenting a bunch of things in dangerous ways.

      Unfortunately, the appeals court has now sided with the state, and that means we’ve got more chipping away at Section 230. No one disagrees that Bollaert was a creep. He was getting naked pictures of people posted to his site, along with the person’s info, and then had set up a separate site (which pretended to be independent) where people could pay to take those pages down. But there are questions about whether or not Bollaert could be held liable for actions of his users in posting content. Section 230 of the Communications Decency Act (CDA 230) is pretty damn clear that he should not be held liable — but the court has twisted itself in a knot to find otherwise, basically arguing that Bollaert is, in part, responsible for the creation of the content. This is going to set a bad precedent for internet platforms in California and elsewhere.

  • Internet Policy/Net Neutrality

    • Airbnb Goes To Court To Stop San Francisco’s New Anti-Airbnb Law

      Back in May, we noted that large cities around the country were rushing to put in place anti-Airbnb laws designed to protect large hotel companies. In that post, we noted that many of the bills almost certainly violated Section 230 of the CDA by making the platform provider, Airbnb, liable for users failing to “register” with the city. Section 230, again, says that a platform cannot be held liable for the actions (or inactions) of its users. San Francisco was the first city to get this kind of legislation pushed through. And while the city’s legislators insisted that Section 230 didn’t apply, they’re now going to have to test that theory in court. Airbnb has asked a court for a preliminary injunction blocking the law, based mainly on Section 230, but also mentioning the Stored Communications Act and tossing in a First Amendment argument just in case.

    • Senate Hearing Shows Cable Companies Routinely Overbill Customers, Do Little To Correct Errors

      If you’ve been distracted by something like a coma, you may have noticed that the cable industry has developed an atrocious reputation for poor customer service, built over a generation of regulatory capture, prioritizing growth over customer service, and just generally not giving much of a damn. By and large, a Congress slathered in telecom and cable campaign contributions has ensured that nothing much changes on that front, with most politicians taking every opportunity to in fact defend this dysfunctional status quo from innovation, competition, or change.

  • DRM

    • Xbox Fitness users will soon lose access to workout videos they bought

      Xbox users who purchased training videos through the Xbox Fitness app probably thought they were buying a workout program they’d be able to use regularly for the life of the Xbox One, at the very least. Instead, those videos will soon be completely unavailable to those who paid for them up front, according to a “sunset” plan announced by Microsoft yesterday evening.

  • Intellectual Monopolies

    • National Parliaments Not Needed For CETA Approval, European Commission President Juncker Says

      European Commission President Jean-Claude Juncker said today that the European Union would not include national parliaments of EU member states in the final decision on the Canada-EU Trade Agreement (CETA). Juncker’s CETA statement was made during the post-Brexit meeting of EU heads of state in Brussels today (28 June), several German newspapers reported quoting the German News Agency (DPA).

    • Trademarks

    • Copyrights

      • Another Dumb Idea Out Of The EU: Giving Robots & Computers Copyright

        It’s a good thing to think about the technology of the future. Especially if you’re politicians and the future may have a big impact. Considering how frequently we see politicians ignore future technological change, it might be encouraging that the EU Parliament is at least considering what happens when our new robot overlords enslave us. Except that the report that the EU Parliament has come out with… is ridiculous. Most of the headlines are focusing on the ideas raised around making robots “electronic persons” for the purposes of paying social security or taxes, but the part that gets me is the plan to give them access to copyright as well.

      • This Song Belongs To You And Me: Lawsuit Filed To Declare Woodie Guthrie’s Classic In The Public Domain

        And yet, his most famous song, “This Land,” keeps coming up in copyright disputes. Over a decade ago, we wrote about how the organizations claiming to hold the copyright on that song went after the company JibJab, which had made a clear parody of the song during the 2004 Presidential election. In that case, once the EFF got involved, the case was settled out of court.

      • US Courts Split On Legality Of Music Sampling
      • Stairway to Heaven copyright decision is music to Led Zeppelin’s ears

        The Central District of California’s June 23 verdict in Skidmore v Zeppelin will ease fears raised after last year’s Blurred Lines case that juries are more likely to find infringement in copyright cases involving songs

Today’s Media Coverage Says Microsoft Loves Linux, But Today Microsoft Extorted Linux Using Software Patents Again

Posted in Microsoft, Red Hat at 6:06 pm by Dr. Roy Schestowitz

Relying on mass deception using the media while blackmailing companies behind closed doors

BP loves puppies

Summary: Luna Mobile has just been extorted by Microsoft (using dubious software patents, as usual) for using Android/Linux, but Microsoft-influenced media carries on spreading the lie that “Microsoft loves Linux”

RED HAT’S own event has just been hijacked by Microsoft again (see articles below along with the comments) and Microsoft used Red Hat’s platform to call its proprietary (Open Core) platform “Open Source”, to say it “loves Linux” (the infamous old lie), and so on. On the other hand, Microsoft’s own booster Mary Jo Foley says that “Microsoft signs Android patent-licensing deal with Luna Mobile”. She insists that “Microsoft has signed an Android patent deal with Luna Mobile, even though its announcement of the arrangement never mentions the word ‘Android’.”

Yes, so much for love. It must love all that ‘protection money’ it is silently amassing.

Related/contextual items from the news:

  1. Red Hat Delivers More Secure Containers with New Scanning Capability [Ed: helping Microsoft’s parasite]
  2. Microsoft unveils .NET Core 1.0, extends partnership with Red Hat [Ed: Red Hat is so focused on meeting short-term profit goals that it forgot Microsoft's past]
  3. Microsoft Corporation (NASDAQ:MSFT) Unveils .NET Core 1.0 Availability
  4. Microsoft Releases Open Source .NET Core 1.0 For Linux, Windows, And macOS [Ed: Another reminder that’s needed here is that open core is not open source]
  5. Microsoft Announces Open .NET Core 1.0 at Red Hat Summit [Ed: stealing Red Hat's thunder at its own event]
  6. Microsoft releases cross-platform .NET Core 1.0 at Linux event [Ed: How Microsoft turns Linux events into its own. Microsoft love love love… if they keep saying it often enough, preferably with “Linux” in headlines, then maybe fools will believe it.]
  7. Microsoft starts proving its Linux love [Ed: As big a lie as it gets; when will it stop taunting Linux with patents then?]
  8. Microsoft announces open-source Language Server Protocol
  9. Microsoft’s Open Source .NET Core Project Hits v1.0, Gets General Availability
  10. Microsoft launches Net Core 1.0 for Linux, OS X and Windows
  11. Microsoft’s open sourcing of .NET hits a major milestone
  12. Microsoft Proves Its Love For Linux With Net Core Software, Open Source And Ready To Go [Ed: People don't want Microsoft love. They just want Microsoft to start obeying the law.]
  13. Codenvy, Microsoft and Red Hat Collaborate on a Protocol for Sharing Programming Language Guidance
  14. Microsoft further embraces open source with cross-platform version of .Net Framework
  15. MapR, Microsoft make announcements at Hadoop and Red Hat summits
  16. Microsoft brings .NET Core to MacOS and Linux
  17. Microsoft launches its cross-platform .Net Core
  18. Microsoft announces general availability of .NET Core and ASP.NET Core 1.0
  19. Latest Microsoft Mechanics video shows Red Hat Linux running on Azure [Ed: Does anyone really believe (literally) Microsoft loves Linux ? All I see is Microsoft boosters and ghostwriters claiming such people exist.]
  20. Microsoft announces .NET Core 1.0 for Linux, MacOS and Windows
  21. Announcing .NET Core 1.0
  22. Microsoft finally introduces ASP.NET Core 1.0, supported inherently by Red Hat
  23. .NET Core 1.0 Released

New Efforts to Work Around Barriers to UPC in Light of ‘Brexit’; Behind These Efforts Are Self-Serving Patent Profiteers

Posted in Europe, Patents at 12:58 pm by Dr. Roy Schestowitz

The antidemocratic villains that attack Europe’s interests are not only politicians but private firms like patent lawyers’ firms (the patent microcosm)

Bristows EPO

Summary: A look at who’s trying to work around the latest barriers to the widely-unwanted (by the public) Unitary Patent regime and what is being planned behind the scenes, or behind closed doors (by and for those who stand to profit from the Unitary Patent regime)

THE EPO‘s management is on fire, albeit it remains to be seen if Battistelli gets fired, resigns, or just jumps out the window to avoid the embarrassment (too much personal pride).

The UPC, which Battistelli has promoted for many years (before it was even called “UPC” or anything “unitary”), might never become a reality, unless it’s renamed again or some truly dirty tricks are used in a desperate effort to salvage it. Over at Juve today, Battistelli’s dire situation is explained (translations welcome), again courtesy of Mathieu Klos with his good knowledge of the EPO scandals/situation (along with his colleague, Christina Schulze).

Earlier today an anonymous article was published by The Register (using a Kat-themed pseudonym). It says UPC “could be derailed”, but “could” is an understatement. To quote the article (comments mostly focus on the EU, not the UPC or EPC, so these are quite worthless):

Europe’s UK-backed Unified Patent Court ‘could be derailed’

Europe’s multi-million-pound Unified Patent Court could be derailed entirely following the UK’s decision to leave the EU.

The court was planned to open in 2017 and was intended to hear cases regarding infringements of European patents across EU member states.

Only full membership of the EU allows countries to participate in the system, designed to simplify the application of patents across the continent.

However, now the UK will no longer be part of the European Union, fears are growing that the entire programme will cease to be an attractive proposition to patentees.

One insider remarked: “The entire system is reliant on the UK being part of the project. All parties are currently working to rescue the UPC.”

France, Germany and UK were due to ratify the agreement, with those three states having covered all of the programme’s set-up costs. The overall cost to the UK alone is thought to have run into millions of pounds, with investment in technology, hiring policy folk, and a newly-opened dedicated UPC court in central London.

Some have already pointed out that the court will be in limbo and that the entire system will almost certainly be delayed as the UK is one of three key countries needed to ratify the project.

As one might expect, the UPC cabal won’t give up without a fight. One separate thread in IP Kat said: “Nice to see that the EPO president found time to post about Brexit, although it is an EU issue and concerns only the EU patent, but has not made a comment on the EBA matter concerning interference or not with the highest legal body of the EPO. Symbolic? Politics over legal?”

It’s no secret that patent lawyers are drooling over and longing for the UPC. They want more ‘damages’, lawsuits, injunctions/embargoes and so on. The other day Mari Korsten of NLO wrote about “patent rights enforcement in Europe through a single action” and said “Unitary patent opens up easier way to implement customs seizures” (to whose benefit?).

“…the other side will have rewritten the UPC deal in 6 days time.”
      –Benjamin Henrion
The UPC may never become a reality after 'Brexit' and UPC proponents seem to be upset at Battistelli at the moment. Bristows, the loudest UPC propagandists and conspirators (recall what "expert teams" are in the context of UPC) worry about Brexit because of their investment in the passage of this antidemocratic package. IBM’s Manny Schecter (software patents proponent) asked himself: “Is Brexit the historic beginning of the end of the EU? Will others follow? Is true Euro patent system unification dead or just delayed?”

A patent lawyer wrote: “Looks like: (1) delay of Unified Patent Court; and (2) reduced harmonization of IP. Not good for IP owners.”

Nonsense. It might not be good for patent lawyers, but science and technology need no such package. Will this package change its name and marketing again? Back to “EU” or “Community”? Maybe EPLA? Will EU membership no longer be a prerequisite all of a sudden? Will the whole dependence on the UK be suddenly hidden under a rug? As Bejnamin Henrion put it the other day, “the other side will have rewritten the UPC deal in 6 days time.”

Henrion works closely with some UPC experts, so maybe he knows something that most people do not. A politician from Iceland (and famous Wikileaks contributor) Jónsdóttir, whom we mentioned here before in relation to software patents or other topics, said “Brexit is a wake up call. Changes need to happen. This crisis is a chance for real change within the EU. Ppl want to be heard & empowered.”

“Patent hackers are already busy trying to fast-track UPC ratification by the UK…”
      –Benjamin Henrion
UPC is one example of democracy being stomped on and Henrion said “rumours are already saying the ministries are already preparing amendments to the Unitary Patent Court.”

Team Battistelli and Team UPC might already be working around the rules to impose their will on everyone, undemocratically of course. “Philips Leo Steenbeck (EPLA proponent),” wrote Henrion, says that “UPC patch can be done at next Council meeting” (very soon). “The comment is very interesting and apparently comes from Philips,” Francisco Moreno added (he too knows quite a bit about the UPC). Well, apparently they decided what’s “better” for Europe (i.e. for multinational billionaires), so they’ll shape the law accordingly. As Henrion put it: “Patent hackers are already busy trying to fast-track UPC ratification by the UK” (it may take a while before Article 50 is invoked).

Here is one of the UPC pushers heralding this new article titled “scenario discussed to save the Unitary Patent system” (in light of ‘Brexit’):

How to save the Unitary Patent project? As soon as the outcome of the UK referendum on a Brexit was known, discussions started behind the scenes about ways to adapt the Unitary Patent system so the UK can stay in.

According to Wouter Pors of Bird & Bird, a new scenario has come up to enable the UK to participate in the Unified Patent Court and even in the Unitary Patent. If the UK ratifies the UPC Agreement, they can continue to be a participant even if they leave the EU. This only requires a small change of the Agreement by the Administrative Committee to open up accession for former EU Member States, being the UK.

The obligation to apply Union law, which is in the Agreement, needs to be met by the Court, but is not imposed on a non-EU Member State. The UK wants to participate in some kind of European Economic Area Agreement anyway, and in that case the CJEU would also have jurisdiction over legal issues relating to the internal market, so this is not much different. Besides, during the first 14 years the UK Courts would of course have jurisdiction over traditional European patents anyway, next to the UPC.

“The later the UK triggers Article 50,” Henrion wrote, “the better. At least the EU sausage machine of producing EU laws will slow down for a while.”

“At least the EU sausage machine of producing EU laws will slow down for a while.”
      –Benjamin Henrion
Red Hat’s Jan Wildeboer, who has campaigned against software patents in Europe for a long time, said that “Brexit Task Force and Article 50 Task Force created in Brussels. Article in German.”

“Not triggering Article 50,” he added, “is the UK elite showing The Finger against their own people and the rest of the EU.”

“Brexit Task Force and Article 50 Task Force created in Brussels.”
      –Jan Wildeboer
There is somewhat of a dilemma here actually. Article 50 being triggered would possibly help the UPC (a matter of un/certainty) and whether a package like UPC, which is inherently antidemocratic, becomes a reality is another matter worth pursuing in light of all these discussion about ‘democracy’ (whether British democracy or EU democracy).

“Italy to replace the UK as the third biggest UPC nation needed to enter into force,” Henrion wrote. “We will need to reform a coalition there.”

“Milan could get UPC Court,” one person wrote this week, “after Brexit” (Italy actually antagonised the UPC for a long time).

Watch what IAM wrote a short while ago, citing Bristows (the above-mentioned UPC conspirators). “Today,” it says, “the Eerste Kamer approved the bill to enable the Netherlands to ratify the UPC Agreement” (fast-tracking in a panic much?). Here is the cited paragraph. Bristows is hardly even trying to hide its villainous role in this whole terrible deal.

We might soon work towards an EU-wide campaign against the UPC. It needs to be buried once and for all (along with incarnations and predecessors). Not even EPO staff seems to want it (layoffs assured).

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