Bonum Certa Men Certa

The EPO's War on Justice and Assault on the Law -- Part 20: Summing up

Previously in this series:



Josefsson and kangaroo
Some concluding observations about the "kangaroo court" procedure in G 1/21.



Summary: The litigation treadmill, including lawyers who promote European software patents, may have fully taken control of the courts that decide on such matters through Josefsson and his circle, installed and backed by Battistelli and his friends

In the present series we have taken a detailed look behind the scenes at the EPO's Enlarged Board of Appeal as it proceeds - with what many consider to be indecent haste - to issue its decision in referral case no. G 1/21.



Many observers would be inclined to take the view that the decision has already been made by Josefsson and his "learned colleagues" on the Enlarged Board. From this perspective the scheduled hearing is likely to be an empty charade designed to lend a veneer of legitimacy to what is effectively a pro forma rubber-stamping exercise.

"Many observers would be inclined to take the view that the decision has already been made by Josefsson and his "learned colleagues" on the Enlarged Board. From this perspective the scheduled hearing is likely to be an empty charade designed to lend a veneer of legitimacy to what is effectively a pro forma rubber-stamping exercise."In the meantime, the EPO's propaganda department is doing its level best to deflect public attention from all of the awkward "elephants in the room", in particular the issues raised by the critical comments that have recently appeared in the IP blogosphere.

However, only the gullible and naïve are likely to be taken in by the "unanimously applauded, self-congratulatory bromides" which are spewed out at regular intervals by the EPO's PR "Nebelwerfer".

Despite the best efforts of Team Campinos, it is becoming increasingly difficult to conceal the serious governance deficits festering behind the EPO's Potemkinite façade.

In particular, the cheesy attempts to portray the "Master of Eglfing-Haar" as a thoughtful and cultivated connoisseur of modern art cannot disguise the desolate state of judicial independence at the Boards of Appeal.

"In the meantime, the EPO's propaganda department is doing its level best to deflect public attention from all of the awkward "elephants in the room", in particular the issues raised by the critical comments that have recently appeared in the IP blogosphere."There are clear signs that the unhealthy state of the EPO's judicial organ which already attracted a great deal of public attention during the Battistelli era has deteriorated even further on Josefsson's watch.

As we have seen, the erstwhile student radical and self-proclaimed "Habermasian" seems to be doing his level best to squeeze out the lifeblood of democracy inside his judicial fiefdom.

This is illustrated in a striking manner by the dramatic decline of the once highly active Association of the Members of the Boards of Appeal (AMBA).

Back in 2015, in the middle of the Boards' struggle to maintain their independence in the face of Battistelli's increasingly outrageous encroachments, IPKat reported on the launch of AMBA's "sparkly new website".

Six years down the road - and four years after Josefsson took charge in Haar - AMBA appears to have been neutered. Judging by the current level of activity on its website, the association has - for all practical intents and purposes - become defunct.

In addition to the "nobbling" of AMBA that has taken place on his watch, Josefsson is reported to display a consistently hostile attitude to any staff committee or union activities on the Boards of Appeal premises.

"In addition to the "nobbling" of AMBA that has taken place on his watch, Josefsson is reported to display a consistently hostile attitude to any staff committee or union activities on the Boards of Appeal premises."The manner in which Josefsson now conducts himself behind EPOnia's "Iron Curtain" of immunity is in stark contrast to the public image which he once cultivated in his home country.

As we have seen in the present series, back home in Sweden Josefsson was involved in the founding of Magasinet Arena - a political and cultural magazine with a progressive libertarian left-wing orientation.

Publicly available records indicate that he was still involved with the activities of the Arenagruppen shortly before he made his lucrative career move to the EPO in 2017.

As recently as 2015, Josefsson was listed in the annual report [PDF] of Arenagruppen as a member of the legal advisory council ("juridiska rÃ¥d") of Arena Idé.

Arena Idé (which means "Arena Idea") describes itself as a progressive, non-partisan think-tank with a focus on "labour market, economic policy, welfare, democracy and rights issues". It operates as a non-profit association funded by the Swedish trade union movement.

In 2017 Josefsson contributed to a book published by Arena Idé, under the title "Rätten till rättvisa". Translated into English the title means: "The right to justice" [PDF].

"The manner in which Josefsson now conducts himself behind EPOnia's "Iron Curtain" of immunity is in stark contrast to the public image which he once cultivated in his home country.""Calle" has certainly shown himself very skilled in "talking the talk" when it comes to such matters but sadly there still doesn't seems to be much evidence of any tangible "right to justice" at the EPO these days.

The sorry state of affairs at the Boards of Appeal provides yet another example of how the EPO remains a "captive organisation" operating in a legal no-man's land - outside of generally recognised "rule of law" norms and conspicuously exempt from effective independent oversight.

Apart from a fresh coat of paint, things have not really changed very much since the Battistelli era.

An interview with Josefsson published in JUVE in July 2019, reveals the basic modus operandi of the EPO's governance circles:

We are currently preparing a document which outlines the most important elements that can contribute to the quality of our decisions. In autumn this year, this document will be discussed with user associations and the Boards of Appeal Committee. Eventually, it will be made available to the general public.


It is important to note that the "user associations" to which Josefsson refers do not represent the public interest. They might better be described as "lobby groups" representing the interests of big business and the litigation industry.

Translated into plain English, the above statement can be understood to mean the following:

First of all we decide what we want to do behind closed doors. Then we have a consultation with lobby groups representing "vested interests" to check that they have no objections to our plans. Finally we get the Administrative Council to rubber-stamp the package.

After that the public is presented with a fait accompli.


What else could one realistically expect from a fully paid-up card-carrying member of Team UPC?

Nevertheless, it does seem rather incongruous to see a self-proclaimed "Habermasian" endorsing such an arrangement.

"It is important to note that the "user associations" to which Josefsson refers do not represent the public interest. They might better be described as "lobby groups" representing the interests of big business and the litigation industry."To put things into perspective, what we have here is a type of legislative decision-making process which takes place in a secretive manner behind closed doors and whose outcome remains immune from of any kind of independent democratic oversight or normative control.

The self-serving cliques who control these decision-making processes try to justify their actions by claiming that they are dealing with very complex technical issues beyond the understanding of mere mortals. They insist that such matters can only be dealt with in an appropriate manner by committees of "experts" meeting behind closed doors.

However, this line of argumentation is clearly skewed in favour of the "vested interests" that dominate the global IP system, namely those of the international litigation industry and its corporate paymasters.

"They insist that such matters can only be dealt with in an appropriate manner by committees of "experts" meeting behind closed doors."The paid shills and hacks who promote such views conveniently gloss over the fact that it is the general public that ultimately has to bear the social costs of the patent system, in particular the costs of its dysfunctions and governance deficits.

It goes without saying that such considerations are unlikely to be of much concern to Josefsson and his confrères in the EPO's governance circles, as they remain snugly ensconced inside their magic bubble of "immunity".

All things considered, Josefsson gives the distinct impression of someone who prefers to kowtow in a subservient manner to the "vested interests" that dominate the patent system, rather than someone who is genuinely interested in making an effort to take account of and safeguard the interests of the general public in the EPO's contracting states.

The litigation industry and Josefsson
Josefsson seems to be in his element rubbing shoulders with members of the international litigation industry.



The photographic record of the 33rd US Bar / EPO Liaison Council meeting which took place in November 2017 indicates that "Calle" is in his element rubbing shoulders with members of the international litigation industry.

"It goes without saying that such considerations are unlikely to be of much concern to Josefsson and his confrères in the EPO's governance circles, as they remain snugly ensconced inside their magic bubble of "immunity"."Of course, Josefsson would never openly admit to this and he always takes great care to pay lip service to the public interest.

For example, in the JUVE interview referred to above he offered the following well-rehearsed pious platitude for public consumption:

"We must meet expectations from society on the highest quality of our decisions."


That sounds wonderful indeed but it remains to be seen whether or not the decision making process in the pending referral case G 1/21 will measure up to these expectations.

The signs emerging from the procedural record so far are not very promising.

EPO further extends pilot for opposition hearings by VICO
6 days ago the EPO arrogantly extended the 'programme' or 'pilot' in question, without bothering to even wait for a decision on the legality (as if it had already fixed the outcome and has no doubts about it).

Recent Techrights' Posts

Slop Nihilism is Funded by Big Oil
Eventually human civilisation will destroy itself
Professor Eben Moglen Recovering From Open Heart Surgery
From his public pages (this is not secret)
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 17, 2025
IRC logs for Wednesday, September 17, 2025
Slopwatch: Fake Articles, Fake Text, Fake Images, Negative Slant on "Linux"
Google News has lost its value; the signal-to-noise ratio has fallen off a cliff
Gemini Links 17/09/2025: Relax-and-Recover on Proxmox and New Smolweb File Transfer Service
Links for the day
Fact: EFF Got Corrupted by Corporate Money. Microsoft Lunduke (Political Noise): The Issue With EFF is, It Kills Babies.
Microsoft Lunduke - as usual - finds a way to make it about abortions
Pacing Publication Up a Bit
The news cycles have gotten rather light and slow
Links 17/09/2025: Power Outages, Digital Controls, and Attacks on the Mainstream Media (by Insecure and Corrupt Dictators)
Links for the day
Gemini Links 17/09/2025: Flashing LineageOS and ROOPHLOCH
Links for the day
Links 17/09/2025: Long COVID Study, "Exposing Pegasus", and Chatbots Exposing Sensitive Data
Links for the day
Links 17/09/2025: Secret Settlement for Internet Archive and Google’s LLM Slop Summaries Attracting Lawsuits
Links for the day
The True Cost of 'Generative Models'
Funded and promoted by the companies that profit from the waste
'Big Slop' Attacks Contemporary Information/Knowledge and Creative Works, 'Big Copyright' (Cartel) Attacks the Old
Someone at IA will hopefully "blow the whistle" on what they actually agreed
Why We Find It Difficult to Trust Rust
A comparison between C/C++ and Rust
Watching the OSI: Our Series Will Carry on Irrespective of the Chief's 'Resignation'
the OSI isn't even the real guardian of the term "Open Source"
Just What LibreOffice Needs? Another Language? (Rust)
what's all this concern about memory safety?
Many Microsoft Managers Are Leaving
"Hey hi" chaff or chaff about "hey hi" cannot eternally distract from the difficulties inside the company
There Are Red Hat (IBM) Layoffs, But Google News is Infested With Slopfarms
It contributes a lot to misinformation and it encourages plagiarism
Tomorrow, Microsoft's Tim Anderson's 'The Register MS' Offshoot Will Have Been Inactive for 2 Months (There's Also a Slop Problem)
We've already caught The Register MS using LLM slop for articles
Microsoft's Chief Legal Officer Leaves Microsoft After Nearly 30 Years
And not retiring
Even Windows Users Are Having Problems With "Secure Boot"
When it comes to security - Microsoft strives for the very opposite
Another Competition Crime of Microsoft, Long Facilitated and Advocated by a Bad Actor, Who is Funded by a Third Party to Commit Extortion Against People Who Have Correctly and Repeatedly Warned About It for Over 13 Year
We must always go back to the core issues
3 More Reasons to Replace Mozilla Firefox With LibreWolf
Thankfully there are de-enshittified versions of Firefox
USA Not a Place for Free Speech
In America, as in the US, the attacks seem more enhanced or advanced these days
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 16, 2025
IRC logs for Tuesday, September 16, 2025
Links 17/09/2025: Google Layoffs in "Hey Hi" (AI), Perplexity Hit With More "Hey Hi" (Plagiarism) Lawsuits
Links for the day
Gemini Links 17/09/2025: Reclaiming Things in a Digital Age and Moon Phases in CGI
Links for the day
Slopwatch: Google News is Slop, Google News is Plagiarism, Google News is Dying
Google is off the rails
Links 16/09/2025: "The Censorship Alarm Is Ringing in the Wrong Direction" and ASRock Does Microsoft E.E.E. on GNU/Linux
Links for the day
Serious "Breach of Confidentiality of Personal Data" in Europe's Second-Largest Institution, the EPO
Yes, the same EPO that routinely uses "data protection" and "GDPR" as a pretext for hiding or covering up its corruption and white-collar crimes (it even uses that as an excuse for refusing to obey courts' orders)
Adrienne Rockenhaus Says Her Husband Was Arrested for Running Tor and Denied Basic Rights in the United States
the US seems to be getting "russified" in its approach towards Tor
This is What Happens When Microsoft Canonical Lets Decisions on Ubuntu be Made by a Youngster From the British Army (Where He Did Mass Surveillance)
"Is Ubuntu Compromised?"
Back Doored Windows Giving GNU/Linux a Hard Time (Under the Guise of 'Security')
Is this complication intentional? Most likely, yes
Links 16/09/2025: Science, Security, and Conflicts
Links for the day
Gemini Links 16/09/2025: Command-line Options in POSIX Shell and Introducing Acre 0.9
Links for the day
Microsoft 'Secure' Boot Versus Dual Boot With GNU/Linux
they're meant to assume everything is OK
Links 16/09/2025: While Oracle Pretends to be Rich It's Firing About 70 MySQL Workers, "Oracle's Revenge" (Faking Demand With "AI")
Links for the day
Microsoft Has Just Published a New Web Page About "Secure Boot Update Process" (Microsoft Also Admits Issues; PCs Can Stop Booting)
Why was this page issued and published only hours ago?
Microsoft Lunduke: I Spread Hate and Then I Receive Hate
Cry us a river, Microsoft Lunduke
"Use Wayland" Isn't a Bugfix for X (X11 is Still Necessary)
They tell us X is "dead" and we must all be herded into Wayland ASAP
"Disable Secure Boot and Fast Boot. Wipe and Start Over."
At least they didn't say, buy a new computer...
The Oracle Ponzi Scheme
Oracle isn't doing well, but it's nowadays fashionable to say "clown" and "hey hi" to prop up one's stock, even based on nothing at all
The New Head of OSI is an "Hey Hi" (AI) Obsessed Person
when Bryant says "AI" that doesn't mean AI
Taking Out the Battery, Opening Up Your Computer, Just Like a "Normie" Would
At this stage, any person who still says "enable Secure Boot" is misguided or persuaded by companies that sell rootkits
Slopwatch: Serial Sloppers and Slopfarms Still Infesting Google News (Fake 'Articles' About "Linux" Spreading FUD)
searching for "Linux" today yields a lot of FUD
"Governments, local authorities, schools and hospitals can lead by example by procuring only Free Software"
Crossposted from Tux Machines
Cindy Cohn Leaving the Electronic Frontier Foundation While Its Co-founder John Gilmore, Whom She Apparently Helped Oust, Will Celebrate 40 Years of the Free Software Foundation, Inc.
EFF has been busy hoarding GAFAM money, whereas the latter is where all the real activism is done
The Reach of Techrights Has Broadened
We nowadays cover a broader range of issues
"Google is Googlebombing KDE's Project Banana"
So is Google googlebombing KDE's Project Banana? You decide.
Complicating Things for No Actual Benefit, Just Added Risk and More Difficulties Adding GNU/Linux and BSDs
Watch what it's like for people who wish to use BSDs
Some Very Large IRC Networks Are Growing
IRC will turn 38 next year
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 15, 2025
IRC logs for Monday, September 15, 2025
Links 16/09/2025: Autumn Party, RPG Planet, and Optical ROOPHLOCH
Links for the day