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| schestowitz | Please find attached the introduction to a new "xxxxxx" series. | Mar 29 01:18 |
|---|---|---|
| schestowitz | The subject this time is data protection issues at the xxxxx and, more specifically, the risks associated with the xxxxx's increasing reliance on yyyyy for the provision of cloud computing services. | Mar 29 01:18 |
| schestowitz | In total there are 15 parts, plus an intro and an epilogue (in total 17 pieces) | Mar 29 01:18 |
| schestowitz | Four further e-mails will follow with the rest of the material. | Mar 29 01:18 |
| schestowitz | The texts are provided free for publication with full permission for any editorial revisions or amendments that may be considered necessary at your end. | Mar 29 01:18 |
| schestowitz | For information, the xxxxx zzzz is due to hold its next e-meeting on ttttttttttt. | Mar 29 01:18 |
| schestowitz | Not sure whether it makes sense to try to synchronise the publication with that. | Mar 29 01:18 |
| schestowitz | For the last part to go out on the day of the Council meeting would require publication of at least 1 part per day. | Mar 29 01:18 |
| schestowitz | Anyway, decisions about publication are left to your discretion. | Mar 29 01:18 |
| schestowitz | Best regards | Mar 29 01:18 |
| schestowitz | Please find attached a file with the epilogue to the series. | Mar 29 01:18 |
| schestowitz | This is the fifth and final e-mail in the sequence. | Mar 29 01:18 |
| schestowitz | The attachments to this e-mail are copies of documents which are referenced in various parts of the new series about data protection issues at the xxxxxxx. | Mar 29 01:18 |
| schestowitz | The relevant part of the series for each document is identified in the filenames. | Mar 29 01:18 |
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| TechBytesBot | Hello World! I'm TechBytesBot running phIRCe v0.75 | Mar 29 07:16 |
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| schestowitz | http://ipkitten.blogspot.com/2021/03/chairman-and-enlarged-board-criticised.html?showComment=1617022643229#c4959522527312924688 | Mar 29 14:43 |
| schestowitz | To quote from document BOAC/16/20: | Mar 29 14:43 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | Chairman and Enlarged Board criticised for lack of impartiality in ViCo oral proceedings referral (G1/21) - The IPKat | Mar 29 14:43 | |
| schestowitz | "The President of the Boards of Appeal proposes that the Boards of Appeal Committee adopts the amendment to the Rules of Procedure of the Boards of Appeal set out in Part II of this document. The amendment involves inserting in the Rules of Procedure of the Boards of Appeal (RPBA 2020) new Article 15a, which clarifies that the Boards of Appeal may hold oral proceedings pursuant to Article 116 EPC by videoconference". | Mar 29 14:43 |
| schestowitz | BOAC/16/20 thus serves as concrete evidence that the President of the Boards of Appeal has proposed legislation which contains provisions permitting "without consent" VICOs. The referral in G1/21 is all about whether "without consent" VICOs are compatible with the EPC. In what universe can the very person who proposed subsidiary legislation sit as the Chair of the Enlarged Board tasked with deciding whether that legislation is | Mar 29 14:43 |
| schestowitz | compatible with the Convention? | Mar 29 14:43 |
| schestowitz | It could perhaps be said that the EBA needs time to consider the objections to partiality, and that they will do so in due course. However, much like the answer to the referral in G1/21, the EBA's ultimate decision seems to have been made already. | Mar 29 14:43 |
| schestowitz | If the EBA ultimately decided to exclude Mr Josefsson from the proceedings, it would need to address the fact that he has already participated in the proceedings, contrary to Art 24(1) EPC. This would then force the EBA to rescind the decisions taken by Mr Josefsson, including decisions on the members appointed the EBA, as well as on the timing and manner of oral proceedings. | Mar 29 14:43 |
| schestowitz | Given the information in the above quote from BOAC/16/20, it is inconceivable that Mr Josefsson would have been unaware that his participation in G 1/21 would be entirely inappropriate, if not unlawful. In view of this, as well has the fact that he has already participated in the proceedings, we must therefore conclude that Mr Josefsson has no intention of self-recusing from G1/21. | Mar 29 14:43 |
| schestowitz | Also, even before 16 March, epi warned that, to avoid the appearance of partiality, Mr Josefsson should not participate in the referral. Thus, given the extraordinary speed with which the EBA has acted on other matters connected with the referral, we can conclude that the EBA has no intention of reaching a speedy conclusion on the possibility of a FORCED exclusion of Mr Josefsson. | Mar 29 14:43 |
| schestowitz | Taking all of the above together, it is hard, if not impossible, to reach the conclusion that the EBA will simply brush off the well-founded objections of partiality and continue with the current composition of the EBA ... with entirely predictable consequences for the outcome of the referral. | Mar 29 14:43 |
| schestowitz | " | Mar 29 14:43 |
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| schestowitz | [16:18] <xxxx> I haven't checked, but it could also be that the author originally signed the "against" letter | Mar 29 16:23 |
| schestowitz | [16:19] <xxxx> (I've only noticed two people move from open to support) | Mar 29 16:23 |
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| schestowitz | [21:50] <sc dcd g b trbtrb> notice: a former source of mine is now opening up FSF information on twitter | Mar 29 21:59 |
| schestowitz | [21:50] <sc dcd g b trbtrb> tweet by tweet things that she only told some people are now public: https://nitter.eu/L_isaMarie | Mar 29 21:59 |
| schestowitz | [21:53] <sc dcd g b trbtrb> /wc | Mar 29 21:59 |
| schestowitz | [21:53] <sc dcd g b trbtrb> oops | Mar 29 22:00 |
| -TechBytesBot/#techbytes-nitter.eu | Lisa Marie™Ⓥ (@L_isaMarie) | nitter | Mar 29 22:00 | |
| schestowitz | [21:53] <sc dcd g b trbtrb> thats the window close IRC command | Mar 29 22:00 |
| schestowitz | [21:53] <sc dcd g b trbtrb> i had a space in front of it, sorry | Mar 29 22:00 |
| schestowitz | [21:55] <schestowitz> thanks | Mar 29 22:00 |
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| schestowitz | http://ipkitten.blogspot.com/2021/03/chairman-and-enlarged-board-criticised.html?showComment=1617052472206#c5999814474159879892 | Mar 29 23:52 |
| schestowitz | " | Mar 29 23:52 |
| -TechBytesBot/#techbytes-ipkitten.blogspot.com | Chairman and Enlarged Board criticised for lack of impartiality in ViCo oral proceedings referral (G1/21) - The IPKat | Mar 29 23:52 | |
| schestowitz | Article 4 of the Rules of Procedure of the Enlarged Board of Appeal: | Mar 29 23:52 |
| schestowitz | Article 4 | Mar 29 23:52 |
| schestowitz | Exclusion and objection | Mar 29 23:52 |
| schestowitz | (1) If the Board has knowledge of a possible reason for exclusion or objection which does not originate from a member himself or from any party to the proceedings, then the procedure of Article 24, paragraph 4, EPC shall be applied. | Mar 29 23:52 |
| schestowitz | (2) The member concerned shall be invited to present his comments as to whether there is a reason for exclusion. | Mar 29 23:52 |
| schestowitz | (3) Before a decision is taken on the exclusion of the member, there shall be no further proceedings in the case. | Mar 29 23:52 |
| schestowitz | " | Mar 29 23:52 |
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