Bonum Certa Men Certa

Team UPC and CIPA Are Lobbying, Publishing Puff Pieces, and Rewriting the Law for Unitary Patent (UPC) Behind Closed Doors

CIPA on UPC
View larger version



Summary: A collection of the latest news and views on the UPC, which is being lied about by those who stand to benefit from it and is probably going nowhere because Brexit means that the UK stays out, in which case it must be reset and pertinent ratifications done all over again

THE EPO's management is eager if not desperate to bring legal chaos to Europe (in the form of UPC), even if the public and businesses object to it.



So why did the UPC have some momentum? Well, Team UPC was pushing for it in private events where it habitually lied (for instance claiming that UPC was "for SMEs" -- the very opposite of what's true). Christopher Weber, for example, part of the litigation 'industry', ignored what didn't suit his position and wrote: "Very little opposition to the UPC in the U.K.?"

“Despite political will & legal creativity, Brexit is end of UK in UPC.”
      --KlunkerIP, Munich law firm
No, not really. There is a lot of opposition among people who know what is going on. There is in fact this new petition titled "Reject the ratification of the Unitary Patent treaty by the UK and Scotland". Someone from FFII started it and the summary states: "The Unitary Patent contain articles which refers to the supremacy of the Court of Justice of the European Union (CJEU), while politicians have promised to respect the democratic Brexit vote of UK citizens to leave the EU; The UPC court will provide case law in favor of software patents."

KlunkerIP, a "Munich IP law firm reflecting on professional issues" (based on its Twitter profile), has meanwhile said: "Despite political will & legal creativity, Brexit is end of UK in UPC. #CJEU held only #EU states can make #UPC. #UK like #CH or #NO (fm)"

The supposed "political will" is due to mischief and lobbying from Team UPC, CIPA, etc. Someone from the patent microcosm has just selectively quoted in a tweet something from a new article: "Great quote in The Times UK IP supplement Raconteur “There may be a compromise and we’ll be allowed into the UPC th..."

“I thought it was a quite good piece as it states quite clearly that the UPC is incompatible with the CJEU not having jurisdiction in the UK after Brexit.”
      --Anonymous
We've decided to chase the source and see what's behind it, knowing that Team UPC has turned lying into somewhat of an art form. We have produced a screenshot of this article (requires Flash and bloat to view otherwise) and it looks like News Corporation doing another puff piece for a stakeholder. "Not sure if you have seen this one," one reader told us, but "look at page 3..."

Not News Corporation's page 3 of The Sun...

Having just read it quickly, it looks familiar. It repeats a lot of myths. I asked the reader if there was "anything in particular" in that article that's worth repeating, for it's "full of lies" and it was published in association with CIPA, i.e. it's lobbying. "I thought it was a quite good piece," the reader told me, "as it states quite clearly that the UPC is incompatible with the CJEU not having jurisdiction in the UK after Brexit."

"Team UPC does not want the public to understand what's going on, for fear it might -- gasp! -- get involved."Why didn't Team UPC cite these passages then? Not convenient enough? Where is the coverage from IP Kat? Something about these serious issues? Well, Bristows' virtual takeover of IP Kat seemed further cemented yesterday. Bristows, based on this nonsensical post, now speaks for "the entire IPKat team!" (direct quote)

In this post, Bristows' lobbyist also sucks up to Microsoft's patent extortionist once again. Serial litigators who shake down companies for 'protection' money...

So anyway, why is it so hard to obtain accurate information about the UPC? Well, that's a design flaw. Team UPC does not want the public to understand what's going on, for fear it might -- gasp! -- get involved.

"It's 'laundering' of law or abject hijack of law (stealing democracy) by those who want more litigation because they would profit from it at everyone's expense."Ever heard how lobbyists are writing laws on behalf of corporations? Watch what Team UPC is trying to do right now, based on this tweet and corresponding blog post from Louise Amar (part of Team UPC).

"The Preparatory Committee published the new draft rules of procedure," it says, not quite noting who's in this committee (it's an embarrassment if not institutional corruption). It's an "undemocratic procedure," Benjamin Henrion (FFII) told them. They have detailed a list of changes to procedures, written by so-called 'experts' who are actually the wolves pretending to guard sheep. That in its own right should disqualify the UPC. It's 'laundering' of law or abject hijack of law (stealing democracy) by those who want more litigation because they would profit from it at everyone's expense. Letting these people write these laws is like allowing oil companies to compose environmental regulations which govern them.

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