Bonum Certa Men Certa

Bristows LLP Already Uses Kluwer Patent Blog and IP Kat as Its UPC Megaphone, Now IAM as Well

For the second time in a week, IAM's editor acts like a 'tool' of Bristows LLP, relaying UPC lobbying without any fact-checking

German and English UPC



Summary: IAM Media or IAM Magazine seems so focused on trying to help the UPC that it neglects to do its work, which would be fact-checking (but IAM is just a lobbyist/think tank disguised as an impartial media organisation)

THE management of the EPO loves IAM and it's easy to see why. The management's PR apparatus, which they had paid over a million euros, passed money to IAM, specifically for UPC lobbying.

Just over a week ago the UK made a bizarre announcement which we have since then written about in the following posts:



"There are to many guesses and uncertainties about the possible post Brexit participation of UK in the UPCA," said the latest comment on the matter. To quote it as a whole (it was published earlier today):

All the above comments show that there is necessary step which has not been taken: ask the CJEU if the UPCA as it stands is a court common among EU member states like the Benelux court. This was done with EPLA, but not with the UPCA. One simply wonders why? It should certainly have been done after the Brexit vote.

If the answer is negative, that is, the UPCA is an international court, not embedded in the EU legal system, then we will know for sure that the UP and the UPCA is dead.

If the answer is positive, that is the UPCA is a court common among EU member states, then the 29.03.2018 will play an important role.

It will then follow logically that UK cannot any more participate in the UPCA, if the supremacy of Union law and the involvement of the CJEU is denied by the UK. Politically it looks like this is the most probable option.

If the intention of the UK is to stay in the UPCA post-Brexit, is high time to decide on all outstanding questions for instance with respect to enforcement, liability of the court and the member states, etc...

Even the Pascoe report showed the numerous difficulties and hurdles which have to be taken for a post-Brexit participation. Also, staying in the EU customs union is not enough to insure post Brexit participation of the UK.

There are to many guesses and uncertainties about the possible post Brexit participation of UK in the UPCA, that it appears highly probable that all those questions will not be dealt with before 20.03.2019. and even before the 31.12.2020.

How can it be that learned lawyers and legal scholars accept to stay in such an unclear situation? Up to now I have not heard any concrete answer to those many important questions. So even if the UPCA enters into force with the UK, the only reasonable option is to opt-out!

And the "German" problem does not look to be solved in a few weeks. Banking on a quick decision of the GFCC is illusory. There are many other requests to be dealt with before the one on the UPC arrives on top of the pile. Even for a decision on its admissibility. There are also some requests about the EPO and its boards of appeal. Without a reply on those, no reply on the UPC.

The mere ratification of the UPCA, on top of it with a reservation about the legal personality of the UPC, is meaningless and does not solve any problem. On the contrary it makes all the problems more manifest.


The facts aren't on Team UPC's side. They can repeat the propaganda all they want (like Alan Johnson did several times in one single day, in different blogs other than Bristows'). But Brexit is still not compatible with the UPC.

IAM, however, for the second time in less than a week, has again become a megaphone for the liars from Bristows. This time too it's amplifying Alan Johnson. Hours ago it published this "full interview" (heck, why not just like Johnson/Bristows do a guest post without all these softball questions?). So not only does Bristows dominate Kluwer Patent Blog and IP Kat on UPC matters; now it dominates IAM too. "I suppose Joff Wild would rather believe his wallet than his common sense," I wrote, "calling it a "racing certainty"..."

Wild's colleague tried to be clever about it. "You're approaching half-a-million tweets," Tim Lince wrote, "do you have a celebration planned for it?"

That was completely off topic. It's a way of saying "we don't really like you mentioning us (IAM)..."

From the so-called 'article' (Bristows copy-paste):

To get greater clarity on where things go from here, I spoke once again to Bristows partner Alan Johnson, who has followed the long and often tortuous progress towards the creation of a single European patent regime as closely as anyone. And his message was unambiguous: the UPC is coming, it is going to include the UK and it is highly likely that it will be up and running by the end of 2020.


Said a man whose career was made lobbying for the UPC. I guess IAM isn't too keen on fact-checking when it suits IAM's budget (they know where the money comes from).

As a side issue, IAM's network keeps lobbying for software patents in India and earlier today we found this article from last month -- one that we had missed/overlooked. For those who missed it, IAM keeps shaming and pushing India into software patenting. Examples from the year 2017 alone were documented here:



  1. China Adopts Software Patents and IAM 'Magazine' (Lobbyists) Continues to Shame India Into It
  2. IAM Just Can't Stop Pushing for Software Patents in India
  3. IAM 'Magazine' as Megaphone for Chamber of Corporates (CoC), Which Tries Shaming India Into Software Patenting
  4. IAM Helps Enemies of India's Interests Lobby for Software Patents in the Country
  5. IAM 'Magazine' in a Campaign to Destroy India's IT Industry and Help Patent Trolls There
  6. IAM is a Think Tank for Patent Trolls, Software Patents, the EPO, Microsoft, and Whoever Else is Willing to Pay
  7. The Patent Microcosm's Failed Push for Software Patents Resurgence in the US and Similar Attempts in India and China
  8. Software Patents Lobbying at IAM Strives to Reinforce the Positions of Patent Maximalists


Abhishek Pandurangi (Khurana and Khurana Advocates & IP Attorneys) once again touched the subject (mind the IAM logo on the right). Thankfully, he did at least mention the views of the Software Freedom Law Centre (of India), which we quote below:

While the world eagerly watches the development of India’s software industry, the confusion regarding software patents in the global IT hub remains considerable. This is despite – or perhaps because of – the three attempts by the Indian Patent Office (IPO) to establish guidelines on computer-related inventions (CRIs), each of which has provoked questions, criticism and controversy. The IPO released its latest CRI examination guidelines on June 30 2017; this chapter looks into the evolution of the guidelines, from the first set to the third, as well as the effects that they have had.

[...]

As would be expected, the guidelines generated controversy, attracting much feedback and many representations from stakeholders. A joint letter to the prime minister’s office demanding the total recall of the guidelines by the Software Freedom Law Centre, with significant others, made the following counter-argument regarding the legislative intent:

However, the 2015 Guidelines overlook one crucial development viz the unsuccessful attempt made by the Patents (Amendment) Bill, 2005 [drawing from the Patents (Amendment) Ordinance 2004] to amend Section 3(k) and extend patentability to computer programs with ‘technical application to industry’. When laid before the Parliament, the proposed amendment faced objection on the ground that it would result in the creation of monopolies by multi-nationals (as stated in a press release dated 23/3/05), and was subsequently deleted. This demonstrates a clear legislative intent against broadening the patentability of computer programs.



IAM as a whole is a very dangerous network that promotes toxic patent agenda, including the interests of Battistelli -- soon to be a keynote speaker at IAM's event (he will promote software patents there).

Recent Techrights' Posts

"Journalism in Twitter" is a Paradox
"I am writing an article" is not the same as "I am writing a set of tweets" (usually random thoughts and unverified assertions, citing other unverified assertions)
The Future of the World Wide Web is Just 'Webapps' in Chrome, Not Web Pages in One's Browser of Choice
The monoculture gets worse, not better
EPO Corruption is a Real Threat to the European Union (EU). The EPO Helps Russia. If It Does Not Reform or Reboot, It Can Contribute to the Collapse of the EU and UPC (Which Was Never Legal or Even Constitutional, It's a Captured Kangaroo Court Controlled by the Patent Litigation Industry).
second-largest institution in Europe
Linux is Becoming Non-free Software and the So-called 'Linux' Foundation Likes It That Way (It's Fronting for Companies That Violate the GPL, the Licence of Linux)
What's happening here is, they rip off people using their "stolen" (GPL-violating) product
Red Hat: Thank You, Microsoft. Here's Your Paid-for Puff Pieces From Our Media Partner!
Sort of like "money laundering" (or funnelling of bribes) for bribed "journalists"
 
Today's Slopwatch
MaKenna Hensley's latest
Playing Social Control Media 'Games' Instead of Writing Articles
someone will need to run two sites. One is "In Support of Richard Stallman", which is run by oneself, and other is "Stallman Support".
The Patent Litigation 'Industry' Controls the European Patent Office (Vendor Capture) and Everyone Suffers, Even the European Union
Today we relay an EPO publications dated just 4 days ago (this past Tuesday)
No, Mr. "Journalist", You Might be Corrupt (But Denying It to Yourself and to Others to Pacify Your Consciousness)
"Journalists" like the label because it makes the job sound like an honourable profession and they're presumed objective
Stop Glorifying Murderers, They Aren't Helping Anybody
Murder isn't the solution. Murder is a problem.
Europe's "Manhattan Project" Should be Abandoning Microsoft, Moving Everything to Free (Libre) Software
At the moment, Microsoft draws much of its budget from taxpayers
Gemini Links 14/12/2024: Minor Thing About git and jujutsu
Links for the day
Links 14/12/2024: Adobe's Shares Collapse, Apple Publishes Fake News With LLMs
Links for the day
Links 14/12/2024: ChatGPT Down, Microsofter Bracing for Layoffs
Links for the day
Gemini Links 13/12/2024: Firing at Work, jujutsu, and Gemini Mode
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 13, 2024
IRC logs for Friday, December 13, 2024
Links 13/12/2024: British Journalism Awards and Censorship by Copyright Misuse
Links for the day
Gemini Links 13/12/2024: "Virtue Signaling", Gopher, HTML and the 90s Web Aesthetic
Links for the day
Links 13/12/2024: Military Buildup Around Taiwan, More Health Problems Associated With Social Control Media Illuminated
Links for the day
Maybe - and Hopefully - More News Sites Will Go "Static" (More New Material Published But Established Pages Served Directly From the File System)
Keeping things simple and light is important for the sake of scaling
[Meme] Vendor Capture for 'Civility's Sake'
"I CoCed him already"
[Teaser] The EPO is Still Calling Monopolies "Products"
Coming soon
Anonymity for Sources
At the moment we can learn about stories in person or in encrypted voice chat
What Topics We Prioritise
On fishing for topics to cover
Why We Cover the Topics That We've Long Focused on (by Choice)
We'll continue to cover suppressed issues because such issues are usually obstructed
[Meme] The Reasonable Man
"The reasonable man adapts himself to the world"
Oligarch-Owned Media Twists the Narrative and Demands More Surveillance
Corruption is the real issue here
Windows Falls to Single-Digit "Market Share" in Benin
Windows has fallen even further
[Meme] Doing Online Activism in Social Control Media
Dictators have always loved lists
Gemini Links 13/12/2024: Creative Moods, Berkeley DB, and More
Links for the day
Microsoft Windows Falls to New All-Time Low in Guatemala (Less Than a Quarter)
When it comes to operating systems, we don't think we've mentioned it before
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 12, 2024
IRC logs for Thursday, December 12, 2024
[Meme] Leave My /home Alone
A new version of Systemd
There's a New Version of Lagrange (Gemini Reader) and Its Developer is Making an IDE/Editor
I share or reciprocate almost anything I can through Gemini Protocol
International Troll Alert by Helen Plews
Helen Plews from Cybershow has this new article
Nick's Job at OSI: Promote Microsoft, Promote Proprietary Software
This is what Microsoft pays him to do
[Meme] Award-Winning Back-stabbing Opportunists
part of the rebel alliance
The FSF (Free Software Foundation, Inc.) Can Reach Its Funding Goal of $400,000. This Bothers the Imposters and Foes of the FSF.
Software Freedom is something we must perpetually fight for
Azerbaijan Rejects Microsoft
Azerbaijan seems to have very little interest in Microsoft
Linux Foundation Pays for LLM Slop (Puff Pieces Made by Bots) About the Linux Foundation
The so-called Linux Foundation is responsible for the production of spam and slop
[Meme] You Just Grab Him by the CoC
Sponsors of Python Software Foundation... "You don't like Python's corporate sponsor?"
Explaining What Deb Nicholson Does to the Python Software Foundation
Of course the OSI, which Nicholson also occupied, still helps Microsoft attack copyleft
IBM Said to Be Firing People Days Before Christmas
IBM is entering taboo territories
Microsoft Falls to Just 11% in Ivory Coast
Microsoft tried hard to catch up in mobile
General Consultative Committee (GCC) Meeting at the European Patent Office (EPO) Shows Existing Problems
the "real problems" and why "digitalisation" doesn't solve them
Links 12/12/2024: Shell Settles With Greenpeace, DOJ Whistleblower Pilot Program
Links for the day
Gemini Links 12/12/2024: AuraGem TV and Advent of Code 2024
Links for the day
Fake "Linux" News, Produced by Microsoft Chatbots in 'Brittany Day' or "LinuxSecurity" Clothing
She's back at it
Microsoft OSI Promoting GitHub, Which is Proprietary and a Massive GPL Violator
OSI works for Microsoft, speaks for Microsoft, promotes proprietary software
Links 12/12/2024: Another 'Self-driving' Cars Dead End, Infowars Sale Blocked by Court
Links for the day
Links 12/12/2024: "Hey Hi" Hype Debunked, ActivityPub and Gemini Software on Same Server
Links for the day
Google Has Only Solidified Its Search Monopoly in Africa Since Microsoft's Chatbot/LLM Hype Started
Africa is basically a "Failed Market" to Microsoft
[Teaser] EPO is Running Out of Brains
EPO has been in the business of offering fake patents
South Korea Has Its Own Alternative to IBM's Proprietary RHEL
Owing to the Open Enterprise Linux Association (OpenELA)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 11, 2024
IRC logs for Wednesday, December 11, 2024