Bonum Certa Men Certa

Virtual Injustice -- Part 10: Vapid and Superficial Coverage in the 'IP' Blogosphere



Previously in the series:

  1. Virtual Injustice -- Part 1: António's Increasingly Wonky Legal Fudge Factory
  2. Virtual Injustice -- Part 2: The ViCo Oral Proceedings of 28 May 2021
  3. Virtual Injustice -- Part 3: All the President's Men…
  4. Virtual Injustice -- Part 4: Mihály Ficsor, the EPO's Hungarian “Fixer”
  5. Virtual Injustice -- Part 5: Benoît's “Friends” in Budapest
  6. Virtual Injustice -- Part 6: Best Buddies With António
  7. Virtual Injustice -- Part 7: Musical Chairs and Revolving Doors
  8. Virtual Injustice -- Part 8: A Well-Connected 'IP' Maximalist
  9. Virtual Injustice -- Part 9: Heli, the EPO's Nordic Ice-Queen


Blah in trash
Coverage of the oral proceedings of 28 May in the 'IP' blogosphere has been predominantly vapid and superficial but there has been one interesting exception.



Summary: The media has come under attack by Benoît Battistelli; during the term of António Campinos most of the media critical of the EPO has mostly vanished already; so one needs to look carefully at comments and social control media

A number of reports on the oral proceedings of 28 May 2021 have appeared in the 'IP' blogosphere, for example:



"BREAKING: Oral proceedings in G1/21 (ViCo) rescheduled due to procedural technicality" (Rose Hughes of IPKat); ● "Enlarged Board postpones oral proceedings on compulsory video hearings" (Amy Sandys of JUVE Patent); ● "EPO’s G1/21 videoconf hearing postponed" (Muireann Bolger of World IP Review); ● "G1/21: Videoconferencing at the EPO – short observations of today’s oral proceedings before the Enlarged Board of Appeal" (Eva Ehlich & Angela Zumstein of Maiwald IP); ● "G1/21 proceedings adjourned! What happened?" (Laura Fè of Murgitroyd Patent Attorneys).

G 1/21 – The RPEBA2015 - How to deal with the president’s comments and the amicus curiaeThe coverage so far has been predominantly vapid and superficial but one interesting exception is the following contribution from a former EPO Director, Daniel X. Thomas:

"G 1/21 – The RPEBA2015 - How to deal with the president’s comments and the amicus curiae".

In his commentary, Thomas points out that it was the representative of the appellant who had to draw the attention of the Enlarged Board to Article 9 of its own rules of procedure.

"According to Thomas, it was "really flabbergasting" that the Enlarged Board sent the President's comments to the parties just two days (!) before the oral proceedings."This provides that - in addition to the right of the President to comment in writing or orally on questions of general interest - "the parties shall be entitled to submit their observations on the President's comments”.

According to Thomas, it was "really flabbergasting" that the Enlarged Board sent the President's comments to the parties just two days (!) before the oral proceedings.

He found it "even more flabbergasting" that the representative of the President [Mihály Ficsor] "was arguing and bickering" that because the President’s comments were published on the Internet, the appellant "had plenty of time to consult them and there was no need for postponement".

The following comments from Thomas sum up the feelings of many observers:

One can wonder why in view of the clear legal situation it took the EBA so long to deliberate on the matter.

At this level of amateurism or precipitation one can wonder what can still happen.


He also refers to the numerous amicus curiae briefs and notes that the Enlarged Board's rules of procedure have been drafted so as to permit it to ignore these submissions if it "thinks fit" to do so.

"But even if the 'IP' blogosphere has for the most part failed to get to grips with the serious issues at stake in the present case, this hasn't stopped some juicy material from appearing in the comments posted underneath the articles themselves."The commentary published by Thomas is probably the most perceptive and critical report on which has appeared to date. As such, it makes a refreshing contrast to the otherwise vacuous coverage of the hearing of 28 May.

But even if the 'IP' blogosphere has for the most part failed to get to grips with the serious issues at stake in the present case, this hasn't stopped some juicy material from appearing in the comments posted underneath the articles themselves.

In the next part we will take a closer look at some of these comments.

Recent Techrights' Posts

New Short Clip of Richard Stallman's Thoughts on the "Hey Hi" (AI) Hype, Courtesy of Manuel Cuda News
about 6 hrs ago
What Microsoft and GitHub Really, Really, REALLY Do Not Want You to See or Know About
They're trying to misuse law in a completely different continent or to allege that reporting important facts is in breach of privacy law
Slopwatch: linuxsecurity.com and Other 'Linux' Sites With LLM Slop
SEO spam with machine-generated fodder, plus a person to whom English isn't a first language
Just Because Common Currencies (Including the US Dollar) Are Considered Uncertain Doesn't Mean People Should Adopt Volatile Multi-Level (Pyramid) Schemes
the scammers are trying to "go mainstream"
 
Links 05/03/2025: Prioritising Science, Patents Squashed
Links for the day
Gemini Links 05/03/2025: News Processing, Misbehaving, and Git
Links for the day
GNU/Linux Cracking Past the 4% Barrier in Hungary
There are still quite a few very famous developers and Free software projects from Hungary
Meanwhile in the Matrix Room #dei:fedoraproject.org
Remember that IBM does a lot of perception manipulation
Rumour About Red Hat Layoffs Yesterday
Can somebody from Red Hat or someone who knows someone there (impacted or not) confirm that there are layoffs this week at Red Hat?
What is fixated behavior? Stalker or just a fan of Emma Raducanu?
Reprinted with permission from Daniel Pocock
In Iran, GNU/Linux Reaches New Highs, According to statCounter
Does that make sense? In light of geopolitics? Probably.
Always Safety First
We have some reasons to suspect that one of several parties (possibly not in the UK but having connections here), having suffered major and very expensive setbacks, may look to harm the messenger one way or another
Links 05/03/2025: Starbucks Debt Soars and CFO Changed, Apple Pretends to Value Privacy, "Cloudflare Blocking Privacy Focused Users From Accessing Third-Party Websites"
Links for the day
Canonical's Latest Love Letter to Microsoft (Ubuntu Promoting Proprietary Spyware With Back Doors)
Typical Canonical, promoting Microsoft (and sometimes Windows) instead of competing against them
GNU/Linux Climbs to Record Levels in Switzerland. Can the EU, Norway, the UK, and Switzerland Divorce GAFAM?
Germany openly speaks about becoming independent from the US. How about Switzerland?
Gemini Links 05/03/2025: Living in Interesting Times, Font, and Social Control Media with Gos v1.0.0
Links for the day
Use RSS Readers Instead of Social Control Media
RSS readers were designed to save time. Social Control Media was designed to waste time.
The 'Windows Era' Already Came to an End
Microsoft said to shareholders everything would be alright because of "clown computing" and then "hey hi"
The Fall of the Open Source Initiative (OSI): Microsoft Committing the Largest GPL Violation in Human History, Then OSI Covering That Up on Microsoft's Payroll
LLMs don't make GPL violations any more noble or acceptable; it's not hard to see what OSI was paid by Microsoft for
Social Control Media as a Rapid Race to the Bottom - Part II - Think Before You Talk
The 'socmed' nonsense does not exist in our home
Links 04/03/2025: Hardware, Health, Data Breaches, Politics
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 04, 2025
IRC logs for Tuesday, March 04, 2025
Luxembourg: GNU/Linux at 8% Based on Estimates
steady increases this year
Gemini Links 04/03/2025: Bicycle, Photos, and Motorola 6809 Assemblers
Links for the day
Crossbow tragedy, bigger than Kyle Clifford, social media culture
Reprinted with permission from Daniel Pocock
Microsoft OSI Apparently Still Reading Techrights Closely, Trying to Make Face-Saving PR Moves
They have long had this reactionary rhythm, wherein it feels like we can 'control' what they publish and when by merely highlighting facts about them
Links 04/03/2025: Microsoft/Korea Game Industry Association Workforce Cuts, Outlook and 365 Outage Affects Very Many
Links for the day
Transcript of Richard Stallman's Interview With Manuel Cuda News in Italy (Debunking Fake "AI")
A rough draft, but checked by two people
Chad: All-Time Lows for Windows, According to statCounter
According to statCounter, many in Chad moved to Android
Links 04/03/2025: Universities Are Under Attack, Windows Attracts Ransom Against Ministry of Health
Links for the day
Microsoft Collapses While GNU/Linux Rises in Bulgaria, According to statCounter
Microsoft is losing across all sectors
The Fall of the Open Source Initiative (OSI): An Introduction
In a nutshell: there's a massive conflict inside the OSI and the OSI stooges (staff serving Big Sponsors like Microsoft) try to hide it
Paraguay: GNU/Linux Surging to New Usage Levels (7%), According to statCounter
Notice that the gains are at Microsoft Windows' expense
Social Control Media as a Rapid Race to the Bottom - Part I - That Sinking Feeling
When you realise you made an error and things you adopted more than 15 years ago became utterly bad
Microsoft's Entryism as Mortal Risk/Danger: The Example of the Open Source Initiative (OSI)
Microsoft is a cult
Links 04/03/2025: Microsoft Issues Policy Instructions to the Cheeto Mussolini Administration, Cloudflare Engages in Mass Censorship Again
Links for the day
Gemini Links 04/03/2025: Athens, Fedora 41, and Yelling at Clouds
Links for the day
FSF Amicus Brief: Aspose.PDF for .NET 24.2.0, OOXML (.docx), and Microsoft Word (Proprietary)
Could the FSF not find any law firm that, in addition to talking about or for Free software, does not use .NET, OOXML, and almost everything Microsoft?
New Interview With Richard Stallman in Italy (Manuel Cuda News)
Due to Google's growing aggression against Free software and proper APIs, this cannot be downloaded and converted to a free format
The Free Software Foundation (FSF) Belatedly Comments on Case That Tests Copyleft in the United States
"The Free Software Foundation (FSF) announced today it has submitted an amicus brief in the case entitled Neo4j"
If They Try to Censor You on Some Topic, Then You Should Cover This Topic Even More
OSI is only a small part of it
The UEFI hype and Microsoft's lies
By Sami Tikkanen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 03, 2025
IRC logs for Monday, March 03, 2025
Thorsten Glaser & Open Source Initiative (OSI) resignations due to AI whitewashing
Reprinted with permission from Daniel Pocock
Gemini Links 03/03/2025: Copyrights, GrapheneOS, and SpaceBeans
Links for the day
Links 03/03/2025: Europe Rallies Behind Ukraine, Measles Flourishes in US Again
Links for the day
In Central African Republic Windows Has Pretty Much Fallen to Zero
We need to focus on Software Freedom
Microsoft Windows Down to 8.5% in South Africa
South Africa and Egypt are strategic in Africa
After Fund-raising Campaign the Free Software Foundation Still Raises About $13,000 Per Week (Without Campaigning for New Donors/Members)
Richard Stallman in the Board is not a liability
Links 03/03/2025: 'Monetisation' Myth' and Microsoft's LLMs Helping Criminals
Links for the day
The New Series About the Open Source Initiative (OSI) and the Microsoft Entryism in OSI is Closely Related to the SLAPP Against Techrights
Also based on the leading publication that they want removed
New Series: A Deep Dive Into the Severe Corruption of the Open Source Initiative (OSI), Nowadays a Front Group and Lobbyist of Microsoft
There's a lot to show
Links 03/03/2025: Mass Layoffs in IBM China, Intel Still in Trouble
Links for the day
3 Out of 4 in Cuba Use Linux to Access the Web
Maybe change does come about...
Doing Free Software for a Living in an Era or a Time of Abundance of Code (and Fast Internet to Pass It Around Freely) or Writing When the Web is Attacked by LLM Slop
Tailoring code to needs is the key
Links 02/03/2025: Day Off, POWER9, Console Challenge
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 02, 2025
IRC logs for Sunday, March 02, 2025