Bonum Certa Men Certa

Personal Attacks, Censorship of Comments and More Nefarious Tricks Expected in the Wake of UPC Panic

Summary: Reactions from blogs occupied by Team UPC to the identity of the complainant in Germany, namely Dr. Ingve Björn Stjerna

THE summer is over and the EPO scandals resume; in our next post we'll show how the EPO keeps lobbying for the UPC even though (or because) the UPC is stuck in the middle of nowhere.



"As longtime readers already know, censorship of comments is nothing new at IP Kat, including (notably) comments about the UPC."The latest development was covered here last night. Dr. Ingve Björn Stjerna, whom we humorously dubbed "UPC slayer", is in the headlines of patents-centric blogs today; we are anticipating personal attacks from Team UPC (however subtle) and so far we are seeing all sorts of other nefarious behaviour. It's only to be expected from Team UPC; they have been consistent in that regard.

As longtime readers already know, censorship of comments is nothing new at IP Kat, including (notably) comments about the UPC. We gave some examples before. "This comment has been removed by a blog administrator," said this comment when we checked in the evening, but the Internet never forgets. There are caches, for instance (at several different levels/layers).

Kluwer Cat



See the above screenshot and notice how this post and comment section have developed since then. Mark Schweizer's article no longer has the above comment. See the text of it; these people don't care about legality, ethics, economics etc. (the common good); they're just corrupting the entire system and then attack those who 'dare' point that out and do something about it.

The next comment (not deleted) alludes to the above (deleted) and says:

IPkat = CopyKat? Not nice for the mice.

A German minister had to resign as big chunks of his PhD Thesis were copied......



And then someone wrote: "Leaves me wondering whether some like-minded principled person is going to have the guts/money/determination to file a case in the hope of a referral by the Supreme Court in the UK as to the competence of the EUCJ over UK court decisions with regard to the UPC...any takers ?"

Yes, here in the UK the UPC is stuck as well. And it should be pulled down for similar reasons, ranging from nefarious lobbying to lack of public consultation.

Here is what the next comment said:

What kind of legal challenge were you envisaging?

Perhaps a potential litigant might want to consider raising the protection of legitimate expectations as a ground of objection. That might have some mileage, especially given the rather troubling decision to write the UP Regulation in such a way that it applies new / different laws of infringement to pre-existing situations. I am pretty sure that there ought to be at least something in the UK's "constitution" that prevents a legal sanction being imposed in respect of acts that were perfectly legal at the time they were committed - which is a principle that the UP Regulation completely fails to respect.



"Quite clear that the UPC is excluded from consideration," said another comment today, "since it is not mentioned in the list of relevant rights." This comment was left in a short blog post, titled "Brexit: European Commission publishes guiding principles on Intellectual Property" [sic]

"...it should be pulled down for similar reasons, ranging from nefarious lobbying to lack of public consultation."What's interesting is that none of the above IP Kat blog posts came from Bristows (at least not directly). Bristows' Annsley Merelle Ward barely writes there anymore and instead she wrote (for the first time in a long time) in her employer's blog (the employer then promoted it). Here is what she wrote:

Dr Stjerna is a Düsseldorf intellectual property law attorney and his publications include The European Unified Patent Court: what can still go wrong? and The Parliamentary UPCA ratification proceedings in Germany (this article opening with ‘The Parliamentary proceedings on the ratification of the Agreement on a Unified Patent Court (“UPCA”) in Germany have revealed a state of political affairs which should cause concern to each citizen’).


It's not quite an attack on him (at least not yet). We are aware of additional complaints/input/comments being pursued this week (details will be published at a later date). Not only Team UPC should be asked for participation in the process of judgment, for obvious reasons.

"Not only Team UPC should be asked for participation in the process of judgment, for obvious reasons."As usual, Team UPC wants us to believe that nothing will come out of it; optimism for self-serving purposes (self-fulfilling prophecies and more selling of services) is the same old habit, so Ulrich Blumenröder of Grünecker, who is not a judge, decided that "there's nothing to see here, move along" (something to that effect). As if he already knows the outcome of the case. Bristows did the same thing without even knowing the nature of the complaint!

As Managing IP put it a short while ago, "Ulrich Blumenröder of Grünecker has read the #upc constitutional challenge & predicts it will be resolved by end of 2017."

They're now on a showcase for the EPO and the UPC (Munich, Paris). Managing IP acts like some kind of "media partner", which is a weasel term used by the EPO for cooperative 'journalism' (journalists who receive expensive gifts).

Mathieu Klos‏, who has been covering the UPC saga for quite some time, said about the interventions: "Not a surprise. @BVerfG requested German Bundestag to comment on the complaint as well #UPC...

"Managing IP acts like some kind of "media partner", which is a weasel term used by the EPO for cooperative 'journalism' (journalists who receive expensive gifts)."It has become a political circle's circus, driven by financial agenda of very few malicious actors. All they care about is how much they can profit from lawsuits, not who will be hurt by these lawsuits.

For those who wonder what Kluwer has written (for IP Kat to copy), here it is, taking stock of who is involved in commenting (the patent microcosm for the most part). It looks like Bristows has gone anonymous in this blog after several scandals (like deleting readers' comments) and now links to its own site to give an illusion of UPC progress at the end (even though it's about something from 2 months ago). Here is the relevant part (to us):

In answer to questions of Kluwer IP Law, a spokesperson of the Federal Ministry of Justice and Consumer Protection confirmed that the German Government was ‘approached by the Constitutional Court on August the 23rd with the opportunity to submit its observations in this matter’. The UPC Preparatory Committee was not contacted by the Court and the EPO couldn’t immediately react on the matter. According to the German legal website JUVE, the German Bar Association DAV and the European Patent Lawyers Association EPLAW were approached by the Constitutional Court as well.



In Twitter they said: "Court asks for comments on German complaint against Unified Patent Court Agreement; #stjerna plaintiff."

We shall see if the Court will accept input from parties other than Team UPC and/or the patent microcosm. There have been contact attempts which we'll cover in the future (once the outcome is known). The poor handling of this whole situation -- from start to finish -- does not bode well for the government (Stjerna named the parties to blame) ahead of the general election later this month.

Recent Techrights' Posts

Social Control Media Relies on Advertisers, So It'll Always Be Hostile Towards Free Software
Sales, sales, sales
Fragmentation of Data
Life is too short to "hoard" data
 
New Publication Sheds Lights on Abuse of Workers at the European Patent Office (EPO)
Put in simple terms, they're killing the Office, harming remaining staff, try to hire rubber-stampers
Links 21/07/2025: Hardware, Health, and Imperialism
Links for the day
Gemini Links 21/07/2025: "When Buying Isn't Owning" and "CMS Special Edition"
Links for the day
Links 21/07/2025: Indie Web and Toxic Politics
Links for the day
[Meme] Microsoft Lawyers Throwing Stones in Glass Houses
threatened me with bankruptcy
Google "AI Overview" is Not AI and Not Overview
do not be misled; what Google does isn't smart, it's just ripping off the sites it already crawled for as long as 27 years
Making the Case to Dump Microsoft and GAFAM for National and Digital Sovereignty
"Sovereignty is difficult"
The Tactics of the Opposition (Microsoft Lunduke): Associate With K00ks, Throw in Vaccines to Muddy the Water
Who stands to gain from this?
Europe's Second-Largest Institution (EPO) and Largest Patent Monopoly Office Needs More Transparency, Not Less Transparency
In the EPO, what good are elections when one candidate literally bribes all the voters?
How Not to Report News About Microsoft
This pattern of misreporting is so widespread that it's hard to believe it's not intentional
Computer Science is Under Attack, They Want Everyone to be a Consumer
If people can no longer acquire Computer Science education and real Computer Science experience, they will not know how to control their own digital destiny or emancipate the very same universities that now control the syllabus and instead of teaching Computer Science encourage the outsourcing of systems
The Best Tools Are the Simplest Tools
There's a hidden message here about the merits of sticking with X
Ofcom Online Safety Group Speaks of Protecting Women Online, Will Brett Wilson LLP Ever Listen?
They've essentially became like the Taliban's "burka police"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 20, 2025
IRC logs for Sunday, July 20, 2025
In Defence of "Spinning Rust"
Just because something is "old" (or older) doesn't mean it ought to become extinct
Using Free Software to Prepare Legal Documents
LibreOffice is openly complaining about OOXML as an obstacle
Tech and Technology Are Not the Same Anymore
"Are you into tech, Sir?"
Our Articles About SLAPPs Receive Recognition and Interest
This week we shall continue writing about the 3 lawsuits we filed
Are You Served?
For many people, advocacy of Free software and GPL enforcement are assumed to be happening
Conspiracy or grooming? Alex Jurado, Voice of Reason compared to Outreachy
Reprinted with permission from Daniel Pocock
Links 20/07/2025: Security Breaches and Former 'Open' 'AI' Engineer on Hype and Culture Issues
Links for the day
Links 20/07/2025: Fending Off BRICS and US Government Attacks Its Own Media (Like China and Russia)
Links for the day
Framed by social control media: Alex Belfield, Voice of Reason
Reprinted with permission from Daniel Pocock
Gemini Links 20/07/2025: Summertime and OCC25 Wrap-up
Links for the day
Jamie Zawinski Complained About Wayland, Then Decided to Give It a Go, Now Complains Again About Wayland
Ask IBM (Red Hat) why it's worth throwing so much away just for Wayland fanaticism
Slopwatch: Planet Ubuntu, LinuxSecurity, and More
former "Linux" blogs which basically became slopfarms
Russia Set to Ban Facebook?
If WhatsApp is made to "leave", that means Facebook or "Meta".
Links 20/07/2025: More GAFAM Lawsuits, Layoffs, and SLAPPs
Links for the day
Taking Stock of a Good and Productive Week
We shall now be taking a break, unpacking the new hard drive (8 TB), and making backups of everything
Nice Recovery (From Actual Fire) by PCLinuxOS, New Version of PCLinuxOS Released, Now Top of DistoWatch
PCLinuxOS is a community-driven distro
More Microsoft Shutdowns That Mostly Slipped Under the Radar
Remember what happened to books 'sold' by Microsoft?
Microsoft Lunduke Still Fighting Cancel Culture With... Cancel Culture
There will be no "winners" in such 'debates'
The History of Daily Links and Politics
"I support Wayland, but I also support abortion..."
Ageism in Tech
Your protocol is "old"...
Microsoft is at 0% "Market Share" in Most Areas
Depending on the taxonomy chosen, there may be dozens of categories other than desktops and laptops
"The moment MSFT stock fails to start tumbling, that’s the beginning of another corporate giant going under."
There are far more layoffs at Microsoft than at Intel, but you would not get this impression based on Wall Street media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 19, 2025
IRC logs for Saturday, July 19, 2025
Gemini Links 19/07/2025: Git For Authors and Filtered Antenna
Links for the day
UEFI 'Secure' Boot Abuses by Microsoft to be Brought Up in the UK High Court in 3 Months
we'll seek compensation
Next Year It'll Be Half a Decade Since the Fall of Freenode (and IRC is Still Doing OK)
Our IRC network is still accessible using the exact same software that ran in Windows 3.x
Lupa Will Soon Know of 3,100+ Active Gemini Capsules
And some people in the "Small Web" try to tell us that Gemini is dying?
The Slopfarms Are Taking Real News Articles and Replacing Them With Lies Generated by Machines
Bluntly speaking, Fagioli is nothing short of an online scammer
Links 19/07/2025: Techtarget to Cull 10% of Staff, New Threats to Free Press in the US (Home of Dangerous and Violent Stranglers From Microsoft)
Links for the day
Gemini Links 19/07/2025: "Climate Justice” and Forking Programs
Links for the day
What Wayland and Microsoft/IBM systemd Have in Common
focus on what IBM (Red Hat) is pushing while running over critics.
Linux Already Has About 60% of the "Market"
"When mentioning the client side," opines an associate, "it is essential to recite the list of other markets where Microsoft is negligible or a no-show. It is repetitive to do so, but it needs saying -- often."
In Norway, Android/Linux Has Just Hit All-Time High (First Time Since 2020), GNU/Linux Already Very Prevalent
Despite its small population size, Norway gave us Qt and many other things
Finland (and NATO) Must Move to GNU/Linux and Dump Microsoft Even Faster
"Microsoft is not a technology problem, it is a staffing problem."
Microsoft's Mass Layoffs Very Wide-Ranging, Media Focused on Gaming Though Microsoft Mass-Firing Lawyers and "AI" Staff (Contradicting Its Supposed "Investment" in "AI")
Microsoft plans to fire almost half a thousand people in legal roles
2012 Article About the Free Software Foundation Blasting Canonical/Ubuntu Over Adoption of "Secure" Boot (Microsoft's Remote Control Over GNU/Linux Since PCs' Power-on)
By Katherine Noyes (article has since then became 404, not found)
The Microsofters We Sued Helped Microsoft Make GNU/Linux 'Expire' This Year
"Linux and Secure Boot certificate expiration"
linuxconfig.org Joins linuxtechlab.com and Others, Becomes a Slopfarm With Fake Linux 'Articles' (LLM Slop)
They contain "linux" in their domain names, but they are just slopfarms
Links 19/07/2025: Microsoft Cuts in China and Wall Street Journal Sued for Reporting on Jeffrey Epstein
Links for the day
Debian Can Dump Blind Users Because I am Not Blind
the sort of mentality we're up against
Fascistic Policies Got 'Normalised' in 'Public Office'. Let's Not Let the Same Happen in 'Tech'.
Political discourse typically guides what's "normal" and what "good citizens" should believe/feel
The European Patent Office Cannot Attract Proficient Patent Examiners Who Master Their Domain
They are enablers and facilitators of corruption
Yes, Your Mastodon Instance Will Also Shut Down
Few people run a one-person instance in the Fediverse
The Demise of GAFAM Necessitates Greater and Broader Awareness
Morale at Microsoft is really bad
Free Software Foundation Reaches 75% of Funding Goal
Not bad for this "Fosschild"
Slopwatch: 7 New Examples of Fake 'Linux' Slop Pieces (Plagiarism With Misinformation)
Serial Sloppers need to be shunned
Links 19/07/2025: Kapo-berg Settles, Software Patents Challenged
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 18, 2025
IRC logs for Friday, July 18, 2025