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

Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026