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IRC: #techbytes @ FreeNode: Wednesday, March 17, 2021

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schestowitz__https://twitter.com/JohnMystique/status/1371963849528778757Mar 17 03:41
-TechBytesBot/#techbytes-@JohnMystique: @LorenBoston See links. DuckDuckGo and its founder are pretty shady. https://t.co/e6cqf9NLWW https://t.co/klWGmMoUjGMar 17 03:41
schestowitz__https://twitter.com/zoobab/status/1371916197625757708Mar 17 03:42
schestowitz__"Mar 17 03:42
schestowitz__Techrights made my day with this EPO's Campinos AI video "The ‘Hey Hi’ of António Campinos Will Survive This" http://techrights.org/2021/03/16/campinos-will-survive/Mar 17 03:42
schestowitz__ #epo #campinos #aiMar 17 03:42
schestowitz__"Mar 17 03:42
schestowitz__https://twitter.com/Chilreando/status/1371845334536753160Mar 17 03:42
schestowitz__"Mar 17 03:42
-TechBytesBot/#techbytes- ( status 503 @ https://techrights.org/2020/07/02/ddg-privacy-abuser-in-disguise/ )Mar 17 03:42
-TechBytesBot/#techbytes--> search.slashdot.org | DuckDuckGo: Illusion of Privacy - SlashdotMar 17 03:42
-TechBytesBot/#techbytes-@zoobab: Techrights made my day with this EPO's Campinos AI video "The ‘Hey Hi’ of António Campinos Will Survive This"… https://t.co/dXPj20jkPKMar 17 03:42
-TechBytesBot/#techbytes-@zoobab: Techrights made my day with this EPO's Campinos AI video "The ‘Hey Hi’ of António Campinos Will Survive This"… https://t.co/dXPj20jkPKMar 17 03:42
schestowitz__tiesMar 17 03:42
schestowitz__Summary: António Campinos and his friends may have put the EPO in legal “hot water”, having already outsourced EPO data to a serial GDPR violator with a notorious track record in other aspectMar 17 03:42
schestowitz__"Mar 17 03:42
-TechBytesBot/#techbytes-techrights.org | The ‘Hey Hi’ of António Campinos Will Survive This | TechrightsMar 17 03:43
-TechBytesBot/#techbytes-@Chilreando: Microsoft’s run-ins with European data protection authorities Summary: António Campinos and his friends may have p… https://t.co/2T9ri3HiL4Mar 17 03:43
-TechBytesBot/#techbytes-@Chilreando: Microsoft’s run-ins with European data protection authorities Summary: António Campinos and his friends may have p… https://t.co/2T9ri3HiL4Mar 17 03:43
schestowitz__"Mar 17 05:30
schestowitz__Hi Roy,Mar 17 05:30
schestowitz__It has been about a month now, since I even opened a single email from this account. Today, I had an interesting conversation.Mar 17 05:30
schestowitz__"Mar 17 05:30
schestowitz__"Hope you are well.Mar 17 05:32
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schestowitz__https://ipkitten.blogspot.com/2021/03/board-of-appeal-in-t180715-continues.html?showComment=1615985377059Mar 17 13:48
-TechBytesBot/#techbytes-ipkitten.blogspot.com | BREAKING: Board of Appeal in T1807/15 continues with ViCo oral proceedings referral - The IPKatMar 17 13:48
schestowitz__"Mar 17 13:48
schestowitz__epi has already raised the issue of composition of the Enlarged Board of Appeal in this case with the President of the Boards of Appeal / Chairman of the EBoA; see https://tinyurl.com/yzgkfhvvMar 17 13:48
schestowitz__ReplyMar 17 13:48
schestowitz__RepliesMar 17 13:48
schestowitz__Proof of the puddingWednesday, 17 March 2021 at 11:06:00 GMTMar 17 13:48
schestowitz__It is reassuring to know that epi is monitoring this situation very closely. The letter to the President of the BoA should serve as notice of an "other reason" in the sense of Art 24(2) EPC as to why certain BoA members should not form part of the EBA for this referral.Mar 17 13:48
schestowitz__It remains to be seen how much importance the President of the BoA places upon the requirement for justice to be SEEN to be done ... by ensuring that no observers could possibly point to objective reasons to doubt the impartiality of the members of the EBA.Mar 17 13:48
schestowitz__It also remains to be seen whether the President of the EPO will impose an ex officio stay of proceedings for all cases where one or more parties has not provided their consent for scheduled oral proceedings to take place by VICO.Mar 17 13:49
schestowitz__There are compelling reasons why the EPO President should impose a stay of proceedings. That is, as explained by the Board in T1807/15, "Conducting oral proceedings in a legally incorrect format would amount to a substantial procedural deficiency which could affect the validity of the final decision". However, a similar argument could have been made in connection with the referral in G2/19. Curiously, the EPO President decided not toMar 17 13:49
schestowitz__impose a stay in connection with that case. By way of contrast, he proved somewhat over-eager to impose stays of proceedings in connection with the interpretation of Art 53(b) EPC (including a stay imposed in November 2016 which, in the light of the decision in G3/19, can now be seen to have had precisely ZERO legal basis under the EPC).Mar 17 13:49
schestowitz__This all raises a question that is perhaps for another day, namely for how long will users tolerate a system in which the power of the EPO President to decide whether to impose a stay of proceedings is not subject to any meaningful legal constraints? This is no laughing matter for those summoned to VICO oral proceedings for which not all parties have provided their consent. There is a chance that the EBA's ruling might renderMar 17 13:49
schestowitz__effectively null and void the ED, OD or Board of Appeal decision in those VICO proceedings. However, despite the EPO committing a substantial procedural violation, the parties will not be able to recover their costs for participating in the VICO proceedings ... at least not unless they are prepared to risk seeking recompense in proceedings before a national court under Art 9(2) EPC.Mar 17 13:49
schestowitz__AnonymousWednesday, 17 March 2021 at 12:49:00 GMTMar 17 13:49
schestowitz__Proof of the pudding, I do not see any legal basis allowing the President of the EPO to impose a stay. In my opinion, already the former decisions of the President of the EPO in this respect have been ultra vires. Unfortunately, said topic has never been discussed by the EBoA.Mar 17 13:49
schestowitz__Moreover, the decision of President of the EPO prohibiting the first instance divisions to render an interlocutory, separately appealable decision on the legality of imposed OPs by ViCo is also lacking any legal basis in my view.Mar 17 13:49
schestowitz__ReplyMar 17 13:49
schestowitz__AnonymousWednesday, 17 March 2021 at 11:57:00 GMTMar 17 13:49
schestowitz__https://patentepi.org/assets/uploads/documents/epi-reports/210315%20Proposed%20Referral%20to%20the%20Enlarged%20Board%20of%20Appeal%20regarding%20oral%20proceedings%20by%20videoconference%20%E2%80%93%20Letter%20to%20the%20Chairman.pdfMar 17 13:49
schestowitz__"Mar 17 13:49
schestowitz__http://ipkitten.blogspot.com/2021/03/board-of-appeal-in-t180715-continues.html?showComment=1615971679258#c1001720754743127442Mar 17 13:49
-TechBytesBot/#techbytes-ipkitten.blogspot.com | BREAKING: Board of Appeal in T1807/15 continues with ViCo oral proceedings referral - The IPKatMar 17 13:49
schestowitz__"Mar 17 13:49
schestowitz__"Btw, why should third parties observations be limited to substantial patent law? Where is the legal basis for this stance?"Mar 17 13:49
schestowitz__Article 115 EPC:Mar 17 13:49
schestowitz__In proceedings before the European Patent Office [...] any third party may [...] present observations concerning the patentability of the invention to which the application or patent relates. [...]"Mar 17 13:49
schestowitz__"Mar 17 13:49
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schestowitz__http://ipkitten.blogspot.com/2021/03/board-of-appeal-in-t180715-continues.html?showComment=1615992216939#c8987552179219135531Mar 17 15:49
-TechBytesBot/#techbytes-ipkitten.blogspot.com | BREAKING: Board of Appeal in T1807/15 continues with ViCo oral proceedings referral - The IPKatMar 17 15:49
schestowitz__"Mar 17 15:49
schestowitz__It appears that oral proceedings before the EBA have already been summoned (end of May, by ViCo!) for the case; it also appears that the EBA will include members who drafted the proposal to introduce new article 15a.Mar 17 15:49
schestowitz__Welcome to the (new) EPO. May the Rule of Law rest in peace.Mar 17 15:49
schestowitz__"Mar 17 15:49
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schestowitz__>> sounds like good newsMar 17 17:55
schestowitz__> Yes, it is.  I'm still hoping to find someone to do a technical review.Mar 17 17:55
schestowitz__I am no expert at that, I often have to look up manuals like this one.Mar 17 17:55
schestowitz__Today I had to mute someone in IRC for spewing out qanon-like nonsense (details in the log)Mar 17 17:55
schestowitz__XXXXXX: "The pedophile link is a parody of "Critical Race Theory." It is not serious, so it has nothing to do with "qanon" or "MAGA." Did you recognize that, or are you seriously missing the connection to false accusations of racism?"Mar 17 17:56
schestowitz__[14:10] <xxxxxxxxxxx> of course if you +m the channel, everyone is censoredMar 17 17:58
schestowitz__[14:11] <xxxxxxxxxxx> unless you +v themMar 17 17:58
schestowitz__[14:11] <xxxxxxxxxxx> but none the less, he has a pointMar 17 17:58
schestowitz__[14:11] <schestowitz__> yes, I knowMar 17 17:58
schestowitz__[14:11] <schestowitz__> I was going to allow those who talk more and don't provoke to appease their egoMar 17 17:58
schestowitz__[14:11] <schestowitz__> I really don't know who that person isMar 17 17:58
schestowitz__[14:11] <schestowitz__> reasonably new/recentMar 17 17:58
schestowitz__[14:16] <xxxxxxxxxxx> anyway, i would not just offline techrights.  i was making a pointMar 17 17:58
schestowitz__[14:16] <xxxxxxxxxxx> to be clearMar 17 17:58
schestowitz__[14:16] <xxxxxxxxxxx> but i am concernedMar 17 17:58
schestowitz__[14:22] <schestowitz__> I am tooMar 17 17:58
schestowitz__[14:22] <schestowitz__> but it's a bit predictableMar 17 17:58
schestowitz__[14:22] <schestowitz__> because nutty theories spread more during lockdownsMar 17 17:58
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schestowitz__> Qanon garbage is being spread around actively.  :(  It's even moreMar 17 18:59
schestowitz__> cult-like than M$.Mar 17 18:59
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schestowitz__https://twitter.com/zoobab/status/1372211274805882885Mar 17 23:46
-TechBytesBot/#techbytes-@zoobab: "The Enlarged Board adopts a vision which seems to be too imprecise to obtain the desired legal certainty in the fi… https://t.co/kLrikuJfy5Mar 17 23:46
-TechBytesBot/#techbytes-@zoobab: "The Enlarged Board adopts a vision which seems to be too imprecise to obtain the desired legal certainty in the fi… https://t.co/kLrikuJfy5Mar 17 23:46
schestowitz__https://twitter.com/zoobab/status/1372210558473277444Mar 17 23:47
-TechBytesBot/#techbytes-@zoobab: “EPO insiders send us links expressing concerns about the role of patents in vaccine monopolies which limit the dis… https://t.co/QpShvRKkSNMar 17 23:47
-TechBytesBot/#techbytes-@zoobab: “EPO insiders send us links expressing concerns about the role of patents in vaccine monopolies which limit the dis… https://t.co/QpShvRKkSNMar 17 23:47
schestowitz__“EPO insiders send us links expressing concerns about the role of patents in vaccine monopolies which limit the dissemination/reach of vaccines - a subject one isn’t permitted to mention in Twitter.”""Mar 17 23:47
schestowitz__https://twitter.com/lxer_feed/status/1372204183693197314Mar 17 23:47
-TechBytesBot/#techbytes-@lxer_feed: Microsoft has come under repeated scrutiny for alleged breaches of the FCPA https://t.co/4Op5WUcumfMar 17 23:47
-TechBytesBot/#techbytes--> techrights.org | EPO and Microsoft Collude to Break the Law — Part XII: Foreign Corrupt Practices, Bid Rigging and “Slush Funds” | TechrightsMar 17 23:47

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