Bonum Certa Men Certa

The Fall of the UPC - Part XIII: A Death Worth Celebrating and Many Lies Worth Debunking

Scoreboard/scoresheet coming next

Scoreboard



Summary: We take stock of positive responses to the decision made by the German constitutional court (FCC) 2.5 weeks ago; we also explain why it has taken so long to piece together firm-by-firm scoresheet for UPC lies

THE UPC is dead. But it's not the end of it. Now is a good time to look back at all the lies told, not only for years prior to the death but also immediately afterwards. This site has long focused on countering lies and setting the record straight, especially in areas that are well understood by us. Well, in recent years we studied the European Patent Office (EPO) very closely, going well beyond our original scope of software patents in Europe and seeing how Battistelli broke more laws that we can recall offhand (but we have it documented, thankfully). António Campinos is more of the same, but by the time he settled in at the Office the EPO had already gotten the media "under control" (bribes and intimidation go a long way).



"This site has long focused on countering lies and setting the record straight, especially in areas that are well understood by us."Quoting some lies and borderline parody from Campinos, the EPO has made its ridiculous public statement on the topic (the UPC's death). We don't intend to revisit that anymore, unless of course those same lies from the EPO persist. There will be at least 3 more parts from what we can piece together at the moment, maybe as many as 5 more. We'll post our concluding words at the end, itemising and summarising past parts. We want this to be the most comprehensive rebuttal out there. We spent literally weeks researching this and we're getting close to the point where Techrights can do full debunkings, or further hammering regarding UPC lies, having gathered plenty of evidence of it. We'll name the lying law firms one by one. The order of the mentions matters; that's perhaps the hardest part: outlining.

"We'll name the lying law firms one by one."The key objective is to find as many legal opinions as possible, from as many firms as possible, not only prominent voices of Team UPC and pushers of Benoît Battistelli's agenda (the António Campinos policies are the same). Last month we published "Everybody Knows UPC is Over, Even Those Who Still Attempt to Lie to the Public (and to Their Clients)". Remember that there are many firms out there -- SMEs included -- that spent much of their hard-earned money on this lie. Law firms lied to them and became rich(er) by lying. This is not acceptance.

Over at FFII, an automated translation of the FCC's decision (not the formal English version) was archived. "Decision of the German Constitutional Court on UPC in english translated by Google Translate is here," wrote the FFII's President. It's probably an historic decision -- so historic that UPC boosters now dig into the personal life of the judge's wife!

The FFII's President's also revisited this old publication [PDF], nearly a decade old ("UPC: some good reading for the evening "The Unified Patent Court: help or hindrance?"..."); it's from 2012. "We heard the rumor that Mr David Cameron was asked by the large UK pharmaceutical firm GlaxoSmithKline (GSK) to remove the CJEU as having a say in patent law (articles 6 and 8). That was the condition to have a deal with the UK. Now that the UK has left, you know why the CJEU was removed from having a say over patent law, and software patents in particular," said the FFII's latest press release, mentioned and quoted in part here.

So one can more or less see whose interests are being pushed/advanced in the UPC. This needs to end. Otherwise the Rule of Law ends.

"So one can more or less see whose interests are being pushed/advanced in the UPC."Quoting Glyn Moody's article here: "The EPO has long been a controversial institution: it is not part of the EU, its premises enjoy extraterritoriality, and its executives are granted diplomatic immunity that effectively places them outside the law..."

Had the complaint been judged also based on its deeper substance, this issue would likely have been brought up. There are still some additional complaints about the EPO at the FCC; the aspect of illegality might be brought up by the FCC later this year or next year (because of Coronavirus).

"Also the Unitary Patent did not have compulsory licensing," Benjamin Henrion (FFII) recalled, "which is crucial in a period of pandemic..."

This is particularly relevant right now because some liars have attempted to exploit the pandemic, making bogus claims about how the UPC's fall somehow helps the virus spread. It's really laughable a claim!

The developer of Devuan, who is Italian (where the most people died from Coronavirus), wrote in light of the FCC's decision: "Software patents are a danger for small companies that cannot afford defense, especially against patent trolls. http://blog.ffii.org/eu-software-patent-court-stopped-by-constitutional-court-patent-industry-will-try-again/ … big up \o/ to @zoobab and @FFII for the hard work keeping #Europe a safe place for developers and digital innovators..."

"A UPC without the UK and without compatibility with various constitutions across Europe is a non-starter."He was taking note of a mention of the press release. There's also a mention of "UPCv2.0", citing a German and quoting him: "So there is widespread consensus that re-ratification (subsequently to renegotiation) is a question of ***when***, not ***if***. interestingly, the two patent firms as well as Patentverein say or at least imply it's also a question of ***how***" (it's not trivial as they want us to believe).

A UPC without the UK and without compatibility with various constitutions across Europe is a non-starter. They might try something else, call it something else, but that too would likely fail. They tried several times before and it always fails. Let's face it: UPC was all along a wishlist of corrupt people trying to buy the law and then milk the law. It is a sort of white-collar malpractice if not corruption that relies on bribery of the media as well (to play along with the corruption). In the next few parts we'll highlight lies from Team UPC and its media partners, which made no effort whatsoever at fact-finding and fact-checking. They're too busy trying to sell this dud called "UPC".

Comments

Recent Techrights' Posts

Rejecting 'Snoop-Phones' and Turning "Old" Phones (or Tablets) Into Freedom-Respecting Appliances
Paul Fernhout (pdfernhout.net) wrote back to Akira Urushibatathis this past weekend
Apple is the Company of Dictators and Worse
Apple is just another greedy corporation in search of sweatshops and even pedophiles (especially the high-profile ones)
Counting Unhatched Eggs Is Not Counting Chickens
Everything here will persist as normal
The "Infinite Bread"
The biblical story of Jesus feeding the 5,000 has software parallels
In Many Cases and in Many Different Ways, Technology Became Less Durable and Less Reliable Over Time
The "modern" things are more complex. And complexity is a foe or reliability and repair-ability.
Microsoft's LinkedIn is Losing Money, Traffic, and Hope; Now It Wants to Sell Its Users' Lifeblood (and Data)
Let this be a reminder of what social control media really is about
Microsoft Lunduke: Freedom of Speech Means Spreading What I Have to Say and Banning People I Disagree With
4Chan is one he aims for and he is siccing 4Chan trolls at people he doesn't like
Richard Stallman Back at the "Rudolf-Diesel" Hörsal "MW 2001" in About 40 Hours
He spoke there before; there's a very high seating capacity there
 
Slopwatch: Google News Promoting Fear, Uncertainty, Doubt (FUD)
What is the value of Google News if so many results in it are fake 'articles?
Our Uptime This Year Was Better Than AWS (Also a Lot Cheaper)
We never used "the cloud"
Amazon Web Shenanigans
An ongoing, experimental endeavour
Death of Elias Diem: FSFE mailing list archives hidden
Reprinted with permission from Daniel Pocock
Links 20/10/2025: Louvre Museum Reveals Weakness, About 7 Million Protest US Turning Into Oligarchy/Monarchy
Links for the day
They Should Have Listened to Techrights Over a Month Earlier (Xubuntu Site Compromised)
we reported this issue about 40 days earlier and nobody did anything about it
Richard Stallman to Give Another Talk Today in Bavaria (Bavarian Academy of Science)
Tomorrow at 6 PM he speaks in Munich
Barry Kauler Explains That Puppy Linux and EasyOS Exclude Systemd to Keep Things Simple
Barry Kauler's Puppy Linux is in the community's hands. He now focuses on EasyOS and more.
Half a Year After Brian Fagioli Got Kicked Out of BetaNews for Slop He's Still Doing LLM Slop and Slop Images Targeting 'Linux' (Plagiarising Original Works)
If the Web gets polluted or flooded by slopfarms such as these, and Slashdot then sends traffic so these slopfarms (Slashdot probably doesn't do this intentionally), then real writers with real knowledge of GNU/Linux will lose the spark for publishing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 19, 2025
IRC logs for Sunday, October 19, 2025
Campaign of FUD Against Framework Laptops and GNU/Linux (Using Microsoft's Attack on Linux, 'Secure Boot')
Ritual Defamation Cult has turned its attention over to Framework
Liberation From 'The Feed'
They rank things based on the editor's choice/ideology (he or she knows the sponsors, hence the masters)
Microsoft's Killing of Vista 10 Seems to Have Resulted in More Articles About GNU/Linux (But Also FUD)
We not only saw a rise in traffic, we also saw a remarkable rise in the number of articles
Today (a Day Before Richard Stallman Talk at TUM) There's a Patent Propaganda Event at TUM
Perhaps an opportunity for Dr. Stallman to rebut this "invention to patent" nonsense/fantasy (conflating monopolies with innovation)
OpenSource or "Open Source" as a Brand is Dying, Let's Get Back to Talking About Software Freedom
Those of us who actually want to reform the industry and put users in control of their systems/devices will recognise that "Open Source" was selling a lie or got-co-opted by liars
19 Years in Numbers: Techrights' Anniversary Countdown and Retrospective
In 2019 we began improving our workflows and, accordingly/predictably, we became a lot more productive
Slop Turns People Off (LLMs Lack Intelligence, They're Just Plagiarism Powerhouses That Fail to Deliver Any Real, Measurable Value)
"More" (or "MOAR") isn't always better
IBM Red Hat Has Re-calibrated or Adjusted to Bubble Economics, False Promises, and Slop/Plagiarism
This won't end well
Fake Numbers, Fake Claims, Fake Economy, and Media Grifters That Prop Up Fraud
Grifters like The Register MS won't be looked upon kindly after the bubble implodes
For Some, the GNU Web Site is Not Accessible This Week
They seem to have gone into some kind of lock-down mode
Symptoms of Upcoming Microsoft Layoffs in XBox
A crashing franchise
Psychiatrist confession: Germanwings crash & Debian toxic culture recognized before suicides
Reprinted with permission from Daniel Pocock
Gemini Links 19/10/2025: Scentjacking 101, Slop Hype Boosters, and Steam Next Fest
Links for the day
Slopwatch: The Serial Slopper, LinuxSecurity, and Google News
Let's hope slopfarms die as soon as possible
Links 19/10/2025: Cambodia Scam Centres, Slop Hurting Wikipedia Traffic
Links for the day
As Economies Crumble Free as in Beer Will Matter, Not Just Free as in Freedom/Libre (Libertad)
French regions choosing to embrace Software Freedom
25 Years Ago, an Explanation of How Reducing Free Software to 'Apps' Would Interfere With Freedom Goals
there's nothing unreasonable about it
A List of 63 Known Gemini Clients (Software to Browse Geminispace Content With Gemini Protocol)
Not counting browser plugins for Web browsers
Gemini Links 19/10/2025: "Firma Odin Is Transforming" and Bot Attacks While "AFK"
Links for the day
US Government: 6.1% of Site Visitors Use GNU/Linux
GNU/Linux has a considerable share and it is growing
LLM Slop Could Not Rise to Prominence Without Media Complicity and Artificial Hype
Inane garbage disguised as "journalism"
Why the FSF No Longer Recommends Debian, as Explained by Richard Stallman This Month
some weeks ago
All the Latest Half Dozen Articles by Mehedi Hasan (UbuntuPIT) Only Admit at the End That He's Using LLM Slop
Disclosure is OK, but the practice of using slop is not
The 'Modern' Web of Fake Security and Easy Censorship of Whole Domains
Each year it gets worse
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 18, 2025
IRC logs for Saturday, October 18, 2025
The Term "AI" is Not New and What Today's Media Calls "AI" Isn't Even AI
Only the hype was new... and totally artificial
Gemini Links 18/10/2025: "Planetary Rings", Steam, and PSU Replacement
Links for the day
Defeating LLM Abuse (State-of-the-Art Plagiarism) in the Area of Linux and GNU, Free Software, BSD, Security and So On
The aim is to get them to stop using LLMs to rip off other people's work
Links 18/10/2025: Russell Vought in Charge, US Government Leans to Russia Again
Links for the day
Credit Where It's Due: LinuxConfig.org Quit Doing LLM Slop, Back to Original and Real Articles
We waited for a while to say this, now it seems conclusive
Of Note: UbuntuPIT Aware of Critics of Slop, Adds Disclosure of Use of LLMs
We appreciate the honesty
Links 18/10/2025: Madagascar's President Flees and ICE Arrests Protest Comedian Robby Roadsteamer
Links for the day
Richard Stallman Near the European Patent Office (EPO) in 3 Days From Now
It'll be a good opportunity for patent examiners to listen, ask questions, and maybe greet him in person
From Scholar to Booster of Slop (and Even Slop in His Own Blog)
We're going to keep an eye on future posts of his
End of Vista 10 Also Good News for the BSDs
There are many news sites that recommend trying GNU/Linux this month
What's Wrong With Liking Parrots or Birds as Pets?
They'd demonise people for speaking about freedom, no matter what they say or do
Digital Sanitation Good Practices
leave behind Microsoftism
10 Days Ago Richard Stallman Gave a Long Interview in French (linuxfr.org)
English translation
Science, Not Fast Food/Junk Food
The commercial exploitation of users won't stop until users exercise full control over their software or - more broadly - their computing (including data)
The Free Software Foundation, Which Has Appointed a 43-Year-Old President, is Looking to Add Another Board Member (or Treasurer)
expect the FSF to add more people
Richard Stallman Confirms Next Week's Talk at Technical University of Munich, We Urge EPO Staff to Attend
That's probably late enough for EPO staff to attend after work
Gemini Links 18/10/2025: Notifications and Geminaut
Links for the day
Many Red Hat People Are Leaving, But It'll Be Framed Publicly as Leaving IBM
Similarly, IBM layoffs (or "RAs" as they're called) include Red Hat layoffs
Expect More Waves of Microsoft Layoffs This Month (at Least Two Rounds Confirmed Already)
From what we can gather, assuming the recent rumours about XBox are true, there will be at least 3 waves of Microsoft layoffs this month alone
Security Issues in Cisco and Jenkins Passed Off as "Linux" Problems
Fear, Uncertainty, Doubt (FUD) tactics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 17, 2025
IRC logs for Friday, October 17, 2025