Bonum Certa Men Certa

Team UPC Has Run Out of Allies as Even Patent Lawyers Increasingly Distance Themselves and Only Junior Staff is Still Willing to Lie for the Team

"Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly, and applying the wrong remedies."

--Groucho Marx



Summary: After a bunch of prominent UPC proponents have fled (early retirement, resignation, or radio silence) there are few firms/people still willing to lie in public for Team UPC; the responses (in comments) are rather revealing for many consider them to be utterly insane and infinitely dishonest

A couple of 'hoax' blog posts from Team UPC/Bristows called for a violation of international law and the responses were understandably critical. "Disenfranchised" wrote: "The approach is also narrow-minded. The Court is not something just to be divided up for political favours. That happened with Cameron in 2013 but only because there was no other way and look where that got us. The UPC needs amending (should have been amended 4 years ago) to recognise the Central Division as having a single seat (with freedom to delegate workload as required to local divisions) and remove the ridiculous Annex II. It should also reflect the post Covid reality that we hope to see – time for the first true CyberCourt."



"Even patent professionals are somewhat shocked by what Team UPC is hoping to accomplish and the lies it keeps telling.""Astonished" then wrote: "If – with the existing agreements – the UPC is started, it will be fun to see the first case tried in Milan go to the EuCJ because of the wrong venue (this gives a new meaning to “forum non conveniens”). But I don’t see a start of the UPC soon, the BVerfG mor or less invited new constitutional complaints, so I guess it will take some more years to resolve the open questions, assuming this is at all possible. With the mess made out of the UPC agreement, it would be best to completely scrap it and start from scratch – without interested litigators during the drafting."

"MaxDrei" then responded to the above: "The post from “Astonished” puts its finger on the problem: who today shall draft new legislation, if not the powerful lobby interests (here, the international patent litigation industry)? The days are long gone, when draft legislation was written by a public office (such as, in the UK, the “Parliamentary Draftsman”) with provisions carefully crafted to coincide with “the public interest” or the “general welfare” of society. Today, nobody knows any longer what that is (or if they do, the lobbyists immediately render it invisible)."

"So they had a little webchat and they have not actually met for 3.5 years. OK, got it..."See all the comments here; 6 out of 6 are unequivocally negative. Even patent professionals are somewhat shocked by what Team UPC is hoping to accomplish and the lies it keeps telling.

Some hours ago we found in Lexology a promotion of another bundle of lies, this one from Herbert Smith Freehills LLP's Sebastian Moore and Rachel Montagnon. Referring to the 'meeting' they say "albeit virtually" (i.e. just some webchat) and they speak of “good progress” without actually naming any. They allude to "European Industry" (meaning litigation 'industry', i.e. themselves) an then proceed with the same lies as Bristows told. They published this on 9/11, just like Bristows (in its own blog and in Kluwer Patent Blog) and said: "Yesterday (10 September 2020) the UPC Preparatory Committee met (albeit virtually) for the first time since March 2017. On the agenda were the issues triggered by the formal withdrawal of the UK from the UPC system and the events in Germany in relation to challenges to Germany’s participation."

So they had a little webchat and they have not actually met for 3.5 years. OK, got it...

"The note of the meeting on the Committee’s website (here) states that the Committee took note of the “good progress” being made in Germany with regard to the legislation needed for the German ratification of the Unified Patent Court Agreement and the Protocol on Provisional Application."

"This is the sort of moral depravity which causes Team UPC to be alienated and mocked by a growing proportion of the legal profession. Many lawyers want nothing to do with these liars, who are simply becoming a liability and an embarrassment to the entire profession."Wait, does the UPC committee run Germany now? Does it tell the Government of Germany what to do? This committee is just like a lobbying group, partly overlapping the litigation profiteers (see the members). The term "pressure group" would be more suitable than "Committee"....

Here's a lie: "The Committee also took note of the call from European Industry for a swift entry into operation of the Unitary Patent System."

Nonsense. The actual industry very often opposed the UPC. But they're often lied for/about. This is the sort of moral depravity which causes Team UPC to be alienated and mocked by a growing proportion of the legal profession. Many lawyers want nothing to do with these liars, who are simply becoming a liability and an embarrassment to the entire profession.

Recent Techrights' Posts

The Only Thing the So-called 'Hey Hi Revolution' Gave Microsoft is More Debt
Microsoft bailouts
FUD Alert: 2024 is Not 2011 and Ebury is Not "Linux"
We've seen Microsofers (actual Microsoft employees) putting in a lot of effort to shift the heat to Linux
[Video] 'Late Stage Capitalism': Microsoft as an Elaborate Ponzi Scheme (Faking 'Demand' While Portraying the Fraud as an Act of Generosity and Demanding Bailouts)
Being able to express or explain the facts isn't easy because of the buzzwords
 
GNU/Linux Reaches 6.5% in Canada (Including ChromeOS), Based on statCounter
Not many news sites are left to cover this, let alone advocate for GNU/Linux
Links 16/05/2024: Orangutans as Political Props, VMware Calls Proprietary 'Free'
Links for the day
TechTarget (and Computer Weekly et al): We Target 'Audiences' to Sell Your Products (Using Fake Articles and Surveillance)
It is a deeply rogue industry that's killing legitimate journalism by drowning out the signal (real journalism) with sponsored fodder
Links 15/05/2024: XBox Trouble, Slovakia PM Shot 5 Times
Links for the day
Windows in Times of Conflict
In pictures
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 15, 2024
IRC logs for Wednesday, May 15, 2024
Gemini Links 15/05/2024: 50 Years of Text Games
Links for the day
Ebury is Not "Linux", That's Just the Media Shifting Attention (Microsoft in the Hot Seat for Total Breach Right Now)
Seems like it may be a Trojan
Links 15/05/2024: Growing Tensions Between East and West, Anticlimax in Chatbot Space
Links for the day
Richard Stallman Talk 'Delayed'
"Repousé à une date ultérieur. Du au congé, il n'était pas possible de l'organiser bien dans le temps disponible."
Links 15/05/2024: Toll on Climate Change, Physical Assaults on Politicians
Links for the day
[Meme] Free Society Requires Free Press
The Assange decision is now less than a week away (after several delays and demand for shallow 'assurances')
CyberShow Goes "Live"
The CyberShow has a similar worldview (on technology and ethics) to ours
Latest Status of Site Archives (Static Pages)
article listings are reaching a near-final form
IRC Proceedings: Tuesday, May 14, 2024
IRC logs for Tuesday, May 14, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Today's Talk by Richard Stallman Going Ahead as Planned
That talk will be in French
At This Pace (and Rate) It Won't Take Long for Android to Unseat Windows in Russia
Operating System Market Share Russian Federation
[Video] The High Cost of High-Level Tools and High-Level Programming Languages
Windows and Microsoft-style teaching remain a barrier to simple programming
Linux and Linux Foundation Leftovers
Some more Linux news
Africa is Still Android
Operating System Market Share Africa: May 2024
Windows Falls to 10% in Uganda, It Was 94% in 2010
Microsoft fell from market dominance to (soon) single digit (percent-wise).
Grouping Our Archives by Week
No more 'numbers lottery', the clustering is based on dates
[Video] LinuxFest Northwest is Letting GAFAM Take Over (and Why It's Hard to Resist)
Microsoft and LinuxFest Northwest
Links 14/05/2024: Bounties on Terrible Patents, China Censors Dissidents Internationally via Attack Dogs
Links for the day
Gemini Links 14/05/2024: Server Failure Swallows rawtext.club
Links for the day
Links 14/05/2024: SoftBank and ARM Chasing Hype, "Why Are You Working?"
Links for the day
Links 14/05/2024: Microsoft Edelman Works for Climate Change Deniers, NATO Draws a Cyber Red Line in Tensions With Russia
Links for the day
Feasibility of Self-Hosting is About More Than Speeds
Speed helps, but the Internet (Net) is a global, interconnected system that no single person or company or government fully controls
EPO: Language of Conflict
A letter about this has already been sent
IRC Proceedings: Monday, May 13, 2024
IRC logs for Monday, May 13, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Watching Our Videos Before We Write Articles for Them
It has long been possible
Microsoft is Measured at Lower Than Apple in Niger (Of Course Android Dominates)
Niger's OS share (as measured by Web sites) is subjected to significant fluctuations because it's not highly connected
Refuting the Ludicrous, Laughable Idea I Don't (or Cannot) Code
I've written code for 30 years
[Meme] "Talk is Cheap. Show Me the Code." - Linus Torvalds
be like Chad
Windows in Chad: Going Extinct
From 100% to 1%?
Doing the Site From Home (What I Always Wanted to Do)
Even some of the hosting was done from home (since 2020)