12.03.20

Gemini version available ♊︎

The EPO’s 2020 Impaired Vision/ViCo: Imposing Illegal Practices on EPO Stakeholders, Not Only on EPO Staff

Posted in Europe, Law, Patents at 6:12 am by Dr. Roy Schestowitz

This is how lawbreaking* becomes ‘normalised’ (moral relativism and a parallel race to the ethical bottom/gutter, where one evil gets justified by presence of a greater one)

I do something illegal; I say it's OK because Trump is the greater criminal; I make my staff do illegal things; I make my stakeholders do illegal things; The whole system becomes illegal

Summary: Corruption is contagious; we now see a growing number of EPO stakeholders speaking out against the outrageous attempts by Office management to impose illegal practices on them; they don’t wish to participate in any of this

THE issues associated with surveillance, espionage etc. aren’t directly relevant to the EPO; GDPR violations are too routinely, but the EPO enjoys diplomatic immunity, so who the heck will hold accountable the likes of Benoît Battistelli and António Campinos? Given some of the tactics used by Battistelli half a decade ago, without immunity he would be detained and then sentenced to prison.

“Given some of the tactics used by Battistelli half a decade ago, without immunity he would be detained and then sentenced to prison.”The other day we mentioned that the whole “ViCo” hype is nothing new; putting aside sarcastic remarks about patent trolls targeting “ViCo” providers and users, there’s that old point about very old prior art (“ViCo” is nothing new and similar things could be accomplished technologically before the EPO even existed and probably before NASA landed men on the moon; “Multiple user videoconferencing first being demonstrated with Stanford Research Institute’s NLS computer technology (1968),” says Wikipedia). Here are some prior articles we published about “ViCo”:

Some “ViCo” history:

'ViCo' history

As we explained before, illegal practices are being justified by autocrats in the name of fake 'novelty' or ‘emergency’ (as if debating patents is really an emergency).

We do illegal stuff to stop supposed patent 'pirates'Last night we saw something very relevant; we noticed that that Kluwer Patent Blog decided to respond to this issue, only days or weeks after two or more rants from Dr. Bausch about the impracticality if not illegality of this practice. The post is uncharacteristically (for this topic, not for UPC lies) anonymous, but we can guess it was at least partly composed by Dr. Bausch, who has been increasingly vocal in his condemnations of the EPO lately.

We truly need more attorneys to ‘grow a pair’ and speak out about what goes on at the EPO. Otherwise, as EPO insiders keep warning us, there won’t be an EPO anymore.

From the relatively long post:

Parties should not be forced to accept oral proceedings via videoconference before the EPO Board of Appeals. That is the clear feedback, at least in the responses that have been published, on the EPO’s user consultation regarding a proposed new Article 15a RPBA concerning oral proceedings by videoconference.

The consultation closed on 27 November. In the explanatory remarks, the EPO doesn’t give any reason for the proposal, but it is clear that the corona pandemic has given a boost to videoconferencing. ‘From May to October 2020, oral proceedings were held by videoconference in over 120 appeal cases. Initially, they were held by videoconference only if all parties to the proceedings agreed. This enabled the parties and the members of the Board to become accustomed to oral proceedings being conducted in the new format. It is envisaged that in the near future the Boards of Appeal will extend their practice by holding oral proceedings by videoconference without requiring the parties’ agreement to this format.’

[...]

However, it seems that CIPA didn’t participate in the EPO consultation regarding the proposed new Article 15a RPBA; at least it didn’t publish any consultation response. So it remains unclear what CIPA’s view is regarding the proposed new power of the Board of Appeal to decide to hold oral proceedings by videoconference, even if (one of) the parties opposes this.

In an article of JUVE Patent, most IP professionals react with understanding to the EPO’s temporary extension of videoconferencing to prevent the build-up of further backlogs, and taking into account the problems caused by the corona pandemic. But many say they hope that video hearings ‘will not replace all hearings for good’.

We’ll monitor comments there (at least those that make it through their censorship sieve). “Concerned observer” was first to point out: “My understanding is that CIPA did submit a response to the consultation. It is just that the response has not yet been made publicly available and so very few people are aware of its content. To my knowledge, the views of CIPA’s membership were not surveyed prior to preparation and submission of the response. Make of that what you will.”

Alessandro Cossu then said: “I was wondering whether and when all the responses to the consultation will be made available to the public; my firm also submitted comments but, as of today, I do not even know whether they were correctly received.”

We know that the EPO likes to hide feedback that the management does not welcome.

We predict there will be some high-level legal challenge over this some time in the not-so-distant future. Office management has basically lied about the views of stakeholders — just as it keeps lying about the sentiments of staff. It’s perfectly reasonable to expect this subject to not just go away… especially in light of repeated violations of the EPC, defended in part by scripted puff pieces.
____
* Included below is the leaked document [PDF] showing that Clinton’s team sought to elevate Donald Trump as he was dirty enough for Clinton to beat in the 2016 election (never mind the consequences if he does get elected).

Strategy on GOP 2016ers page 1

Strategy on GOP 2016ers page 2

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 20/05/2022: Thunderbird Revenue Rising

    Links for the day



  2. Outsourcing Sites to Social Control Media is an Outdated Mindset in 2022

    Centralised or federated censorship/filtering platforms (also known as "social [control] media" [sic]) aren't the way forward; we're therefore a little surprised that Linux Weekly News (LWN) bothers with that languishing bandwagon all of a sudden



  3. Links 20/05/2022: Plasma's Latest Beta in Kubuntu 22.04, Kapow 1.6.0 Released

    Links for the day



  4. Turkey's Migration to Pardus Linux and LibreOffice Explained 2 Months Ago in LibrePlanet

    This talk by Hüseyin GÜÇ was uploaded under the title “Real world GNU/Linux story from Istanbul”



  5. In Turkey, Windows Market Share is Down to Almost Nothing, 'Linux' is About Two Thirds of the Connected Devices

    Watch this graph of Windows going down from around 99.5% to just 11.55% this month



  6. The Lies and Delusions of António Campinos

    Monopolies and American corporations (and their lawyers) are a priority for today's EPO, Europe's second-largest institution



  7. Links 20/05/2022: Fedora BIOS Boot SIG

    Links for the day



  8. Links 20/05/2022: Oracle Linux 8.6 and VMware Security Crisis

    Links for the day



  9. IRC Proceedings: Thursday, May 19, 2022

    IRC logs for Thursday, May 19, 2022



  10. Links 19/05/2022: Rust 1.61.0 and Lots of Security FUD

    Links for the day



  11. EPO Eating Its Own (and Robbing Its Own)

    António Campinos is lying to his staff and losing his temper when challenged about it; Like Benoît Battistelli, who ‘fixed’ this job for his banker buddy (despite a clear lack of qualifications and relevant experience), he’s just robbing the EPO’s staff (even pensioners!) and scrubbing the EPC for ill-gotten money, which is in turn illegally funneled into financialization schemes



  12. [Meme] EPO Budget Tanking?

    While the EPO‘s António Campinos incites people (and politicians) to break the law he’s also attacking, robbing, and lying to his own staff; thankfully, his staff isn’t gullible enough and some MEPs are sympathetic; soon to follow is a video and publication about the EPO’s systematic plunder (ETA midnight GMT)



  13. EPO.org (Official EPO Site) Continues to Promote Illegal Agenda and Exploit Ukraine for PR Stunts That Help Unaccountable Crooks

    epo.org has been turned into a non-stop propaganda machine of Benoît Battistelli and António Campinos because the EPO routinely breaks the law; it’s rather tasteless that while Ukrainians are dying the EPO’s mob exploits Ukraine for PR purposes



  14. [Meme] EPO Applicants Unwittingly Fund the War on Ukraine

    As we’ve just shown, António Campinos is desperately trying to hide a massive EPO scandal



  15. EPO Virtue-Signalling on the Ukrainian Front

    António Campinos persists in attention-shifting dross and photo ops; none of that can change the verifiable facts about the EPO’s connections to Lukashenko’s 'science park' in Minsk



  16. Links 19/05/2022: PostgreSQL 15 Beta 1 and Plasma 5.25 Beta

    Links for the day



  17. A Libera.Chat Anniversary and Happy Birthday (Maybe the Last) to 'Leenode'

    What became known as the so-called ‘Leenode’ is a cautionary tale, but maybe it is also a blessing in disguise because IRC as a whole seem to have become a lot more decentralised (as everything should be)



  18. Links 19/05/2022: The Gradual Fall of Netflix/DRM

    Links for the day



  19. IRC Proceedings: Wednesday, May 18, 2022

    IRC logs for Wednesday, May 18, 2022



  20. Links 18/05/2022: Qt Company Loses Chief; OpenSUSE Leap Micro 5.2 and RHEL 9 Final

    Links for the day



  21. Jim Zemlin's Wife is Funded by Puppies (Microsoft)

    Jim Zemlin — like his wife — is bagging millions from Microsoft, but that’s clearly a conflict of interest for the Linux Foundation



  22. Links 18/05/2022: More Defections From WordPress to Gemini

    Links for the day



  23. Links 18/05/2022: PikaScript and cURL's Annual User Survey

    Links for the day



  24. IRC Proceedings: Tuesday, May 17, 2022

    IRC logs for Tuesday, May 17, 2022



  25. Phoronix: Microsoft and Phoronix Sponsor (and Close Microsoft Partner) AMD All Over the Place

    When you’re taking massive 'gifts' from AMD (and also some from Microsoft) maybe it’s not surprising that editorial decisions change somewhat…



  26. EPO Has No F-ing Oversight

    Earlier today SUEPO mentioned this new article demonstrating that EPO President António Campinos can very obviously and blatantly violate the Code of Conduct of the Office without facing any consequences; there are translations too, so the report is now available in four languages



  27. [Meme] Linux-Rejecting Foundation

    The Linux Foundation never really leads by example; by default, it uses proprietary software



  28. Linux Foundation Almost Never Uses Open Source

    The Linux Foundation uses proprietary software (look where they hire and take money from) and be sure they're probably not even aware of it



  29. Links 17/05/2022: Many More Games on GNU/Linux, YaST Development Report

    Links for the day



  30. Links 17/05/2022: Rocky Linux 8.6 and Budgie Desktop in Fedora

    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