11.25.20

Member of the EPO’s Boards of Appeal Explains Why VICOs (or ViCo/Video Conferences/Virtual ‘Hearings’) Are Not Suitable for Justice

Posted in Europe, Patents at 8:08 am by Dr. Roy Schestowitz

Those also outsource the legal process to another continent, which is inherently and fundamentally unconstitutional

U.S. Supreme Court building, Washington, DC

Summary: It’s interesting to hear (or see/read) what people inside the EPO have to say about the “new normal” when they enjoy a certain level of anonymity (to avert retribution)

THE coming few weeks we at least intend to devote to other issues, new issues. We’ll allocate and dedicate more time to Free software, but we’re still watching very closely what happens at the EPO and later today we’ll watch what happens in the Bundestag. We’ll probably write about the UPC almost never (except for humour, as it mostly became a circus) and about the EPO we’ll write once a day, at most, if/when something important happens. To be fair, there’s not so much to write about anymore. The EPO is still secretive, it’s still releasing loads of ridiculous puff pieces to distract from its corruption, and approximately 90% of articles we find about the EPO are pure fluff, usually self-promotional marketing pitch from patent lawyers.

“…approximately 90% of articles we find about the EPO are pure fluff, usually self-promotional marketing pitch from patent lawyers.”This morning we noticed a new comment from someone claiming to be a member of the Boards of Appeal of the EPO. Assuming this person is honest (in describing oneself as a board member; based on the content, we have no reason to believe it’s a forgery), here’s a view from the inside:

Being a board member myself, the idea that worries me most is that before long the boards as such will no longer meet in a single location. Nowadays we often have lively discussions when deliberating, which makes the final decision much more reliable (no stone being left unturned), but this will not be easy when we see each other behind a screen, with all the inevitable technical trouble that comes along (and we have had some of that already in our VICOs, believe me). Now if the deliberation process suffers, the very heart of the appeal proceedings suffers. I fear that the quality of our decisions will decrease if the boards do not meet in person, face to face. Oh I know that the powers that be do not really care about quality, and that they see that VICOs can be so much cheaper. But in the end, our raison d’être is providing good, well-founded and fair decisions, and that will be made more difficult to achieve.

There are some more comments of interest in there.

Courtroom tea“When reading the EPO is using Zoom I was surprised,” the next comment said. “Of course, the EPO is immune, so they can use whatever they want… But, since Zoom is critized for not following the General Data Protection Regulation, for lack of encryption etc., I was wondering: assume you would like to prevent a VICO, would it be possible to send your opponent a cease-and-desist-letter (Abmahnung) not to use Zoom professionally? Are patent attorneys, at least in Germany, bound by their professional duties not to use such a defective tool? Well, I guess Mr C [António Campinos] couldn’t care less…”

This was in response to the latest decent article from Dr. Bausch.

Speaking of lack of justice at the EPO, it’s hardly better at the ILO Administrative Tribunal (ILOAT) when EPO staff brings grievances there. “Justice denied” is a publication going back to March of this year (“Report on the 129th Session of the ILOAT”) and it explains how in “Judgments 4255 and 4256 the ILO Administrative Tribunal dismissed a total of 653 complaints coming from EPO staff. The majority of the complaints concern reforms and other controversial decisions dating back to 2012 – 2014. In earlier judgments the Tribunal found that the Administrative Council or the Office (i.e. the President) had made formal errors in the procedures and sent the cases back for re-examination. This line has now been confirmed. Arguments of the complainants why further delays would amount to a denial of justice were ignored.”

Here’s the full PDF published about this matter back then.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. InteLeaks – Part XXX: Harbor Research's Pseudo-scientific 'Research' for Intel, Bizarrely Suggesting a Microsoft Partnership for a Domain Largely Controlled or Dominated by Linux

    The full document that Intel paid for and in turn used to justify cracking down on Free software (obliterating Free software-based workflows inside Intel), instead outsourcing all sorts of things to proprietary software traps of Microsoft



  2. Chromium and Chrome Are Not Free Software But an Example of Microsoft-Fashioned Openwashing Tactics

    It's time to reject Google's Web monopoly (shared with other companies but still an oligopoly); removing its Web browser would be a good start



  3. Links 23/1/2021: Chromium Pains and New Debian Maintainers

    Links for the day



  4. InteLeaks – Part XXIX: Harbor Research Did Not Produce a Study But an Elaborate Hoax for Intel, Suggesting Microsoft Partnership and Outsourcing Based on Zero Evidence and No Solid Rationale

    The pseudo-scientific ‘report’ from Harbor Research is more of the same nonsense we’ve grown accustomed to; unethical if not rogue firms are being paid to lie — or to perpetuate falsehoods which someone stands to gain from



  5. Video: The State of Communities Surrounding GNU/Linux Distributions

    A discussion about the state of volunteer efforts going into the development, maintenance (in the 'maintainership' sense) and support/advocacy of GNU/Linux distros



  6. IRC Proceedings: Friday, January 22, 2021

    IRC logs for Friday, January 22, 2021



  7. InteLeaks – Part XXVIII: Intel Served Report From Microsoft Boosters, Who Provide No Actual Evidence and No Science to Back Their Supposed 'Findings'

    Findings and recommendations from Harbor 'Research' aren't based on any scientific methods, just perceived loyalty, branding, and a bunch of unsourced quotes (from unnamed people with ridiculous job titles like a soup of buzzwords)



  8. Erosion of Communities, Ascent of Corporate-Industrial Fake Communities

    Despite the attempts to manipulate/trick developers (and sometimes users) into becoming unpaid workforce of for-profit companies, there's an exodus back to real communities, which aren't subjected to the fury of wealthy shareholders who utterly dislike or simply don't care for software freedom



  9. The Corporate 'Left' and the Open Source Pseudo 'Movement'

    President Biden may not be as bad as his predecessor, but that hardly means very much; software freedom is still threatened, along with many other things



  10. Links 22/1/2021: pfSense Plus, Endless OS Foundation, and Many Laptops With GNU/Linux

    Links for the day



  11. The Linux Foundation is Trying to Obscure Racism Using Microsoft-Inspired Tactics (Vouchers Disguised as Actual Money)

    The Linux Foundation and its PR stunts don’t help combat racism; one might argue that the Foundation is leveraging racism, which prevails in the US, to paint itself as benevolent and caring (offering immaterial things and self-serving press releases)



  12. InteLeaks – Part XXVII: 'Pulling a Nokia' on Intel (Outsourcing to Microsoft)

    The recommendation of an Intel marriage with Microsoft (even in units that deal mostly with Linux) is an insulting slap across the face of developers employed there; we take a look at recommendations made to IoTG (Intel) by a firm with Microsoft orientation



  13. IRC Proceedings: Thursday, January 21, 2021

    IRC logs for Thursday, January 21, 2021



  14. InteLeaks – Part XXVI: Harbor Research is Horrible 'Research', Lacking Actual Technical Background

    Having looked at the members of staff of Harbor Research (individually), it seems clearer now why they have an affinity for Microsoft and why they're directing Intel to liaise with Microsoft and become a prisoner of Microsoft (even in areas where Microsoft is increasingly irrelevant)



  15. Links 21/1/2021: Raspberry Pi Pico, Ubuntu 21.04 Picks GNOME 3.38, KDE Plasma 5.21 Beta

    Links for the day



  16. How a Newly Inaugurated President Biden Can Advance Software Freedom (If He Actually Wishes to Do So)

    Techrights has 'Four Suggestions' to President Biden, the 46th 'front end' of American plutocracy



  17. InteLeaks – Part XXV: Intel's Brain Drain Leads to Unusual Measures

    As the company once known as 'chipzilla' loses its relevance and dominance in the market it's reaching out to retired people, trying to get them back onboard



  18. Hey Hi (AI) is Just a Trojan Horse for Illegal Software Patents, According to EPO Management and Litigation Firms It's in Bed With

    The longtime pushers or the lobby of patent profiteers just carry on pushing for software patents, nowadays latching onto the inane and unwarranted media hype around Hey Hi (AI) — a hype wave that was co-opted by EPO management to grant unlawful patents



  19. The Central Staff Representatives (CSC) of the EPO Are Petitioning to End the Assault on EPO Staff

    The EPO, just one month after the staff went on strike, is about to receive a compelling petition to stop the assault on EPO staff



  20. InteLeaks – Part XXIV: Love for Microsoft, Not for Free Software or Whatever Replaces Microsoft

    Intel is basing its big decisions on buzzwords and firms that master buzzwords; it's sad that instead of listening to Intel's own (in-house) engineers it's relying on a bunch of clowns who push 'Clown Computing' and 'apps' and 'UX'...



  21. IRC Proceedings: Wednesday, January 20, 2021

    IRC logs for Wednesday, January 20, 2021



  22. Links 21/1/2021: Google Tightens the Screws on Chromium, VideoLAN VLC 3.0.12

    Links for the day



  23. IBM Panics and Resorts to 'Customer Retention' Tactics With Red Hat Enterprise Linux (RHEL)

    IBM 'frees' RHEL but with limitations that can restrict growth of small companies (or subject them to financial barriers, originally unforeseen)



  24. Recent Techrights Articles About President Joe Biden

    Instead of writing yet more stuff about the latest US president, let's look back at what we wrote in recent weeks/months



  25. Links 20/1/2021: LibreOffice 7.1 RC2 and the RHEL Contingency

    Links for the day



  26. InteLeaks – Part XXIII: Intel Paying for Bogus 'Research' 'Insights' Which Merely Seek to Justify Outsourcing to Microsoft and Imposing Microsoft's Proprietary Software on Free Software Developers

    Intel's preference for Microsoft monopoly (an imposed/top-down decision) was seemingly certified by so-called 'consultants' and 'analysts' from the outside rather than the inside, basically manufacturing a false perception of consent after managers had already made up their minds



  27. Suppressed Facts of the Free Software Movement and Its Community of Volunteers – Part V: How FSF Secrecy Ended Up Insulting People, Alienating Trans Developers

    Having just uploaded this introductory video, we delve into the backstory or the real reason the FSF sank into somewhat of a crisis with the trans community almost half a decade ago



  28. InteLeaks – Part XXII: Bubbles and Buzzwords, No Substance at Intel's Internet of Things (IoT) Group (IOTG)

    The video above is continuation of the previous part about a document full of superficial buzzwords (not technical jargon anywhere), in effect recommending to managers that they blindly follow trends and cargo cults (such as Clown Computing) and not what’s most suitable for technical excellence



  29. IRC Proceedings: Tuesday, January 19, 2021

    IRC logs for Tuesday, January 19, 2021



  30. Links 20/1/2021: WireGuard for pfSense and New US President

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts