Bonum Certa Men Certa

Microsoft's Secret Special Relationship With EPO Illustrates Serious Corruption at Microsoft and the EPO

EPO and Microsoft



Summary: A big story about the EPO and Microsoft working in a sort of collusion-type setup so as to serve Microsoft's patent agenda, which involves aggression, even against European software that is Free (as in freedom)

AS ANYONE who has read this blog for a while ought to know (even based on yesterday's post, which is very hot in Reddit right now), Microsoft viciously attacks its competition -- including Free/libre software such as GNU/Linux -- using software patents, even in Europe (recall the Dutch company TomTom for instance) where software patents are in principle not legal. Now we know why the EPO lets that be. It very much affects Free software and Linux, which Techrights is principally about. It also helps show how Microsoft's dirty tricks continue, carrying on behind closed doors; Microsoft -- like the EPO -- thinks it is above the law.



Days ago we learned about Microsoft's 'special' relationship with the EPO under Battistelli's lead. We kept quiet about it because the security of our sources is paramount. It reminded us of Microsoft's 'special' relationship with Sarkozy et al. Well, now that it's out (Merpel posted fragments from it at 4AM this morning), we are ready to show what several sources have independently leaked to us. Comparing the material from different sources helps verify authenticity. It is largely (but not only) based on the latest SUEPO publication. There is an article about the investigation of Control Risks in there, but we'll leave that for another article as it deals with a separate subject.

As we noted last week and also yesterday (noting that Microsoft had begun lobbying regarding the UPC, trying to shape European law despite being a US company), there is serious corruption here and it helps remind everyone in Europe who the EPO really serves. It's all about multinational/foreign giants, not European companies (let alone European people). The EPO is grossly discriminating against small companies. It's truly an abomination. Corruption seems to be rampant across Europe -- contrary to common belief outside the EU.

Rather than bore readers with repetition of arguments and a story, we are going to highlight parts of the article from Merpel and remind readers that Microsoft exploits software patents to launch legal battles against Linux and Free software-friendly companies, despite software patents being illegal in Europe.

From the first part of Merpel's article:

EPO queue jumping part 1 - Don't be an SME"



"Here’s an interesting thought experiment about how patent offices should operate. Two patent applications are pending at the European Patent Office (EPO). Imagine that one was filed several years ago by Microsoft, and the other was filed at the same time by (say) an Italian SME which files “only” 10 patent applications per annum."

[...]

"However, this pilot programme seems different, both in terms of purpose and in terms of execution. There is something imbalanced in having high-ranking EPO officials make a pilgrimage to the premises of large applicants “to ensure that we do not lose workload market share”. There is an element of bending the knee involved that makes Merpel uncomfortable."

[...]

"The implications of this are astounding. Smaller applicants are being discriminated against because they don’t have the clout of threatening to pull their business from the EPO. But if you’re a major contributor to the EPO’s coffers, your cases will get priority at the expense of smaller applicants.

"Merpel hopes this is all untrue, but it has the “stranger than fiction” quality that is characteristic of many EPO stories that have proved accurate. Anyone who knows more and who can comply with the normal rules of comment etiquette, please do tell!"


Here are the relevant original bits:

Changing priorities in DG1 Earlier this year the Office issued two internal memos entitled “Closer Contacts with Major Applicants”. The reason given was to
“foster a better esprit de service, not least to ensure that we do not lose workload market share to other major Offices”.
We cite further:
“The ICT cluster has had close contact with both Canon and Microsoft recently and their experience prompted this pilot… The pilot started on 1.4 for ten major applicants.... For the 10 applicants, there will be one DG1 director in direct contact with one person in the company… The idea is that the DG1 director will be in regular contact ... with his counterpart from the applicant and that at least once in the pilot year there will be a high level visit (PD, directors, DG2 and DG5 representatives where necessary) to the company.”


And also:

One of the early off-shoots was that directors and examiners were gently reminded that the Office had entered in a closer cooperation project with Microsoft, so could the examiners please take care of a list of [overdue] Microsoft files for which the deadline [for the examiner to issue a communication] had expired? We obviously have no problems with reminders to examiners to prioritise files that are overdue. But such reminders should cover all files that are similarly overdue, not just those of a specific applicant.


Merpel did a fine job explaining what's wrong with the above and went on to commenting on the EPO's corruption of French media, publishing part two just 3 minutes later (at 4AM her time). To quote the outset: "Part 1 of this guide to getting your application examined earlier started with a thought experiment: should a multinational's application get examiner more quickly than an SMEs. The answer is no, but the EPO may be subtly reminding examiners to prioritise such files nonetheless at the expense of smaller applicants. Now for an even easier thought experiment. You can do this one with your eyes closed, which of course is the recommended approach for all thought experiments anyway. Two applicants (Señor Lopez from Barcelona and Monsieur Durand from Marseille) file their patent applications at the EPO on the same day. Both applications are in the same technical area. Also, both are first filings for which the EPO is committed to providing a search report and written opinion at an early stage."

We recommend Merpel's original article about this. As always, with the pseudo-anonymity offered by Google's Blogspot (in the NSA PRISM programme, which isn't too far from Control Risks staff), there are also many comments there, sometimes from EPO staff.

IP Kat beat Techrights to it regarding this scandal not just due to lack of time (we have returned from vacation) but because we are careful not to compromise sources. IP Kat thankfully reported this corruption before we did, so if anyone gets caught, it won't be our fault. We thought twice before publishing anything at all about this. If any of our readers can share information of value with us, please ensure anonymity (a lot more important than encryption in this case), then message roy@schestowitz.com. Provided the information does not put anyone at risk, we promise to give it the attention it deserves.

Recent Techrights' Posts

Phoronix Seems to be Trying to Kill Discussion About "Asahi Lina" and the Anti-Torvalds Brigade
Our informed guess is that by reporting this news Phoronix got caught up in flamewars that divide and fracture the community
Facts on the Case Already Disclosed by US Authorities
NGOs in the UK (several keep abreast of this, judging every recent move) are truly unimpressed
The Times Group (and The Times of India) Basically Died Again
This time a death by LLM slop/plagiarism
"Rust People" Are a Threat to BSD Too (the Licence Isn't the Main Issue, Nor is the Proprietary Microsoft Hosting)
BSDs aren't written in Rust, so BSD developers should buckle up
Sami Tikkanen Explains Rust Language and Its Goals
"Sompi" (the nickname of Sami Tikkanen) has weighed in
 
Slopwatch: linuxsecurity.com, cybersecuritynews.com, gbhackers.com, and techmonitor.ai (Fake 'Articles' About "Linux")
Almost all of them (75%) show up in Google News
Is Ubuntu Compromised? Push Away From GNU and GPL Led by Army Officers.
Perhaps people should ask Canonical what the thinking behind it was...
Gemini Links 19/03/2025: go-gopherproxy and 'Small Web' as Self-expression
Links for the day
Links 19/03/2025: Attention's Cost and Media Still Besieged by Dictatorships
Links for the day
Claiming to Love What You Reject or Seek to Totally Own, Control
The Russia analogy is political
LinuxTechLab Became Just LLM Slop and SPAM
Another dead (former "Linux") site
The Rust Song
It's about control
The Death of The Economic Times (India Times): LLM Slop Presented as 'Articles', Containing Errors and Revisionism
They'd be better off shutting down operations with some dignity than resort to bots giving the false impression (illusion) of authorship
In Belgium, Android is Finally Measured as Bigger Than Windows
In Belgium, the lobbying capital of Microsoft, it wasn't easy to get there
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 18, 2025
IRC logs for Tuesday, March 18, 2025
Links 19/03/2025: Gardening Season and the Web Without an Audience
Links for the day
Mauritius: Windows at All-Time Low, Down From 96% to 17%
Put in simple terms, people choose to connect from the "phone" (running Linux), not some laptop running Windows
Many IBM Layoffs Reported Today in Europe and North America
there's definitely a lot going on today
The GNU Manifesto is 40. Here's the Original Print (1985).
Some unpleasant people want to replace GNU with Microsoft-controlled (GitHub) Rust copycats
Unixmen Seems to Have Died After Turning Into a Slopfarm and Spamfarm, Is LinuxSecurity.com Next?
Better to not publish anything at all than to resort to fake garbage.
What Happened to the Open Source Initiative (OSI) Elections: More People Begin to Speak Out
Kuhn set another bonfire ablaze
Links 18/03/2025: ‘Meritless’ Defamation Suit Thrown Out, InterDigital Software Patents Headed for the Bin Too
Links for the day
These Strange Web Statistics From The Bahamas Show Windows Falling From 93% to Less Than 5%
There are about half a million there
Gemini Links 18/03/2025: Weather and Resisting "MAGA"
Links for the day
Links 18/03/2025: New Apple Blunders and Windows Disliked by Users
Links for the day
Once Again 'Losing Track' of Who the Clients Are, The Serial Harasser and Strangler from Microsoft
Timing is everything
2025 Rumours of IBM Layoffs in Marketing Likely True, Online Powwow Drops More Clues
Expect over 10,000 layoffs this year (at IBM alone)
Android (With Linux) Rises to Record Highs in Hong Kong and in Macao
Looking quite bad for Microsoft
Distractions. Distractions Everywhere.
distracting from the real solution
EPO Concerns About the Education and Childcare Allowance Reform (ECAR) and School Liaison Officer (SLO)
The public deserves to know as it impacts thousands of families
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 17, 2025
IRC logs for Monday, March 17, 2025
Links 17/03/2025: Weather Changing and Connecting Docker to Localhost
Links for the day
Microsoft Windows Barely Exists in Haiti Anymore
This trend in Haiti is a "story in progress"
The EPO Might Face Critical 'Brain Drain' (Abandonment by the Most Experienced Patent Examiners) This Year
"a number of colleagues might feel compelled to inform the Administration before the end of May 2025 of their intention to retire as of 1 December 2025."
Links 17/03/2025: Forced Labour and Memory on Tenstorrent
Links for the day
Links 17/03/2025: Live Nation’s DOJ Antitrust Battle Carries on, as Does the Demise of the "Hey Hi" Bubble
Links for the day
Links 17/03/2025: "Badly Misled About Covid" and "Gag of America"
Links for the day
The Lie or Half-Truth of Clownflare (or Equivalents) Improving Things
It may seem "cheap" (temporarily) and "fast", but that's just bait
Free Speech Around the World is Curtailed in the Name of "Protecting Us"
We have spent many years speaking about how to combat this trend
Enshittification of Online Media
Now more than ever we must fight for independent press
War Readiness Means Removing Every Windows Installation and CALEA-Compliant Equipment
Finland is vulnerable for a whole bunch of reasons
Reporting Facts is Not a Privacy Violation
Techrights has long valued and defended privacy
In the Russian Federation (Russia), Microsoft Isn't Even the 1%
the government builds "homegrown" (not pertinent parts of them) distros with which to replace Microsoft, not just Windows
Gemini Links 17/03/2025: "Hack the Planet", Klingnauer Stausee, and Enshittification
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 16, 2025
IRC logs for Sunday, March 16, 2025