Bonum Certa Men Certa

UPC Nepotism, Political Abuses, and UPC Involvement From the Legal Firm That EPO Hired to Bully Techrights

Fieldfisher and UPC



Summary: The Unitary Patent Court (UPC), a rigged system that is being rammed down Europe's throat by the EPO, its big clients (even foreign), and their patent lawyers laid bear for people to see

There's a lot of very serious abuse (at least institutional) surrounding the UPC, much like in those 'trade' agreements with all the confirmed bribes. The UPC should be at least as scandalous as ACTA or the TPP, but the public is hardly aware of the UPC, there's no public input on it, and the driving forces behind it typically work behind closed doors (or in private events with high fees to attend and no input from critics).



The UPC is driven not by public demand but by the desire of some parties to essentially loot the public. It's like legalised theft, or systematic passage of wealth.The EPO has its own lobbyists Brussels and so do EPO allies like Microsoft, which employs Microsoft-connected lobbying groups in Brussels (for software patents in Europe -- a goal evidently shared by the Battistelli-led EPO). Does anyone know who funds the front/lobbying group “Fair Standards Alliance”? They don’t say, but we can make guesses.

Curiously enough, yesterday we found out that the legal firm that the EPO hired (i.e. paid) to bully me with legal letters is boosting the UPC right now. Well, another coincidence or alignment/intersection of interests? MIP wrote that in its partially-visible article (behind paywall). "Fieldfisher expand ahead of UPC launch," it says, and all I know Fieldfisher for is threatening legal letters that it sent me. Articles which highlighted the connection between Microsoft and the EPO is what they threatened me over, repeatedly.

As it turns out, based on yesterday's tweet from the FFII's President, the "German Ministry of Justice seems to prepare for UPC ratification, software patents like a letter to the post #swpat #nodebate" (indeed, no public debate at all, same as in the UK).

Patent firms love the UPC because more (and broader) lawsuits mean more income for them. As it turns out, based on input that we received yesterday, there is a lot of nepotism and lobbying in the mix. The German Ministry of Justice is implicated, too. To quote this source of ours:

Roy,

as regards your postings on who will benefit most from a unitary patent and Unified Patent Court, you might want to have a closer look to the article here:

http://www.stjerna.de/index_en_htm_files/The_requirements_of_Article%20118_1_TFEU.pdf

Its sections I. and II. describe a remarkable connection between the German Ministry of Justice and one of the leading German pro-UPC proponents, Prof. Tilmann (http://www.hoganlovells.com/winfried-tilmann/), a preeminent German attorney at Hogan Lovells, one of the leading patent litigation firms in Europe. Tilmann admitted that he had been given confidential court documents by the Ministry of Justice to publicly comment on these in favour of the UPC.

The article also cites a letter sent by his firm to a Committee of the House of Commons in 2012, trying to clarify that Mr Tilmann was not acting on behalf of Hogan Lovells, but was merely providing "his own personal views" - after he had apparently pushed his lobbying for the unitary patent and UPC a little too far. The letter was mentioned on the IPKat (http://ipkitten.blogspot.com/2012/05/when-unity-creates-division-kat-patent.html), it can be downloaded here (https://sites.google.com/site/ipkatreaders/unifiedpatentproposal/hoglove.pdf?attredirects=0&d=1). It is still a good laugh.

Regards


It seems possible that the only reason the European public has not yet scandalised the UPC is the secrecy around it, the lack of understanding (the EPO spends money on pro-UPC propaganda events), and lack of public participation.

We urge all readers, both inside and outside Europe (and inside the EPO or outside the EPO) to antagonise this injustice. The EPO spends a lot of money misleading the public so whistleblowers are needed. One reader told us yesterday: "thank you for tenaciously holding the EPO management to account. I don't necessarily see eye to eye with you on software patents, but I definitely agree with you on the state of the EPO."

No two people can agree on everything, but there are overlaps. It is also possible to work for the EPO (e.g. as an examiner) whilst also recognising the problems with the UPC. We strongly encourage readers to send us documents, pointers or any other material we should know about regarding the UPC. EPO management is understandably paranoid about UPC critics (it sees UPC critics even where there are none), as we stressed several times in the past.

Recent Techrights' Posts

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
 
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day