Bonum Certa Men Certa

COVID-19 Crisis: When EPO Outsources Everything to a Surveillance System of Microsoft and the NSA

A joke or a farce of a 'justice' system, where the platform is controlled by a company that commits a lot of serious crimes and works for the Pentagon, builds internment camps for ICE etc.

Grant Philpott E-mail regarding Microsoft



Summary: In another major fiasco, EPO management gives Microsoft control over (or insight into) the competitors' business and highly confidential legal affairs (along with the US government, by extension); it's likely not legal, it is definitely not constitutional, and EPO staff complains about the laughing stock that the EPO rapidly becomes under António Campinos, who totally exploits the pandemic to shamelessly attack staff and grossly violate the EPC

MR. Campinos rapidly turns out to be even worse than Battistelli. COVID-19 brings out the worst of him and he's bringing out the EPO to Microsoft, a foreign monopolist whose Skype surveilance is a subject we've been covering for over a decade (even before Microsoft bought it).



As longtime readers may recall, half a decade ago we wrote many articles about favourable Microsoft treatment at the EPO and even leaked material to that effect. In our newly-tidied-up wiki pages it can be found. They're linked from here still. Nothing has improved since; in fact, the U.S. Patent and Trademark Office (USPTO) nowadays wants to punish applicants who do not use Microsoft's proprietary OOXML -- that's how bad it is (but at least both that office and the company are American!).

So a company that lobbies against 35 U.S.C. €§ 101, lobbies for software patents in Europe, blackmails competitors using patents and so on is taking control of some of the EPO's 'crown jewels'.

Is this legal?

Of course not. Common sense!

"Is this legal? Of course not. Common sense!"Is EPO management doing it regardless? You bet! It's not like they ever allowed 'pesky' laws and 'obnoxious' constitutions stand in the way of fake 'production'.

Thankfully, staff representatives already speak about it. The anonymous "Kluwer Patent blogger" wrote about it yesterday.

So while taking another building in Haar (while leaving empty space in existing buildings) the EPO is happy to send venues of EPO... to Microsoft. Only 2 years ago they finished wasting lots of money on a new building and they plan several more at a huge cost (while falsely claiming to lack money for staff!) and now this:



The Central Staff Committee (CSC) of the EPO is very outspoken above the announcement, in the middle of the coronapandemia, that videoconferencing will be the new standard: we’re being rushed into a change which is full of legal and technical pitfalls. In a letter published on the EPO’s internal pages half April, the CSC points out that many high and lower courts in the member states have suspended all oral proceedings which are not absolutely urgent. It “would make sense to align the Office with the practice as well as with emergency provisions of its host countries. This would also appear mandated by the Protocol on Privileges and Immunities.”

The CSC argues: “Holding oral proceedings as distributed videoconferences with the members of the division participating at different locations in the Office or at home is part of your initiative of generalising and making teleworking mandatory, which constitutes a fundamental change in the working conditions of an major part of staff. It must therefore be subject to statutory consultation with the COHSEC and the GCC in accordance with Articles 38(2) and 38a(3) ServRegs.

Since it has been decided to extend the new procedures for oral proceedings in examination beyond the current Corona crisis, in-depth consultation is necessary. The same applies to opposition oral proceedings for which this new procedure appears likewise here to stay.”

The CSC sees various legal issues: “Opposition oral proceedings are by law public proceedings, cf. Article 116(4) EPC. It is not at all clear how this is guaranteed if the hearing is conducted as a ViCo (see e.g. T1266/07, points 1.2 and 1.3). The preliminary guidance given in VP1’s announcement (…) states that if the division “receive[s] requests of public to attend opposition proceedings performed via ViCo” it should “contact [its] line manager”, presumably that of the first examiner. Aside from the fact that the line manager is not competent for interfering with the discretionary decisions of the Divisions, the public does not need to “request” attendance, or to announce it in advance. A possibility for the public to attend should therefore be guaranteed in all cases, regardless of any advance request. The guidance thus brings examiners into a conflict between the expectations of management and the requirements of the EPC.”

“A problem of breach of confidentiality might further arise if members of divisions were not able to adequately isolate themselves, especially during examination non-public OP’s and during deliberations.”

On the technical side there are issues as well, according to the CSC: “a yet unknown number of examiners cannot establish simultaneously both a Skypefor-Business connection and an EPO network connection via Pulse-VPN, as would be required for ViCo OPs, because the network hosts the application documents and the EPO email account. Only either connection works fine by itself.”

This leads the CSC to a very clear conclusion: let’s not do this. “At present there are no clear laws, no guidelines and no technical facilities to allow distributed oral proceedings in examination and opposition proceedings. In the latter case, even “non-distributed” ViCos with divisions on the Office premises would at present not rest on a solid legal basis.

The measures presently foreseen should be immediately halted and reviewed, also involving the Staff Representation.

In view of the additional strain on the examiner’s mental health, we can at present only advise divisions to judiciously choose, weighing all circumstances, whether to conduct oral proceedings by ViCo or rather to postpone them to a later date until circumstances for conducting them either as a classical ViCo from the Office premises or as “standard” proceedings in person are restored.”



This is amazing! See the bit highlighted about.

Are we shocked? Of course not, the EPO breaks the law all the time and as recently as yesterday it openly advertised in Twitter its bribery programme for scholars. Here's what MaxDrei said about the above (he still comments in IP Kat, where comments critical of EPO for abuses are being censored):

Those running the EPO business are clearly disciples of the “Never let a Good Crisis Go to Waste” school of management thinking. Get in with a measure to cut costs and raise profit levels, regardless of any loss of product quality. Those running the EPO business (management, supervisory Board), it seems to me, have no appreciation of any importance in preserving the reputation of the EPO for the quality of its decisions on matters of fact and law.

Any criticism of setting the VC as default will be waved away as the bleatings of self-interested patent attorney firms, thwarted in their efforts to hold on to high turnover and profit figures associated with in vivo oral proceedings. It’s up to the critics to find lines of argument that are resistant to being fobbed off as mere self-interest. After all, the patents courts of England are now making heavy use of VC technology to keep patent litigation ticking along. Justice delayed is, of course, justice denied. it’s just that these VC Hearings are not used for the cross-examination of vital witness testimony, for which the judge needs to see the witness and their interlocutor face-to-face.

Who can give us examples of unscrupulous use of the VC to frustrate the over-riding objective of doing justice?


"Concerned observer" replied:

It is a matter of fact that a Decision of the President of the EPO cannot have the effect of altering (the interpretation of) the EPC. The President simply does not have the power to amend (on his or her own) the Articles or Rules of the EPC in any way. Any restrictions imposed by the President on the right to be heard are therefore clearly unlawful and unenforceable (by the Boards of Appeal).

Especially in the current circumstances, it is perfectly reasonable for ViCo technology to be offered as an OPTION to parties to proceedings before the EPO. However, for the reasons outlined above, it is unacceptable for proceedings to be conducted by ViCo against the wishes of any party to the proceedings. For opposition proceedings, the use of ViCos also poses problems (as discussed by Max and Attentive) regarding attendance by members of the public.

So why would the President issue such an obviously problematic (and unlawful) Decision?

Frankly, there is no good answer to this question. Indeed, this situation merely serves to illustrate the arrogant and, at times, lawless behaviour of the EPO’s President (and senior management, who must surely also shoulder some of the responsibility for this latest outrage).

This situation also raises another question to which there is no good answer: who will stop the President from trying to ensure that the Decision is both upheld and enforced?

Certainly not the AC, as that has turned into a dog that is wagged by its tail. Perhaps the Boards of Appeal – but only if they still have sufficient independence to risk of opening up another political can of worms. (Bearing in mind that “resistance” from the Boards could lead to another situation where the President, perhaps again enabled by the AC, tries to overturn any inconvenient case law by introducing an Implementing Regulation that overrides the current interpretation of Article 113(1) … and perhaps ultimately to another referral to the Enlarged Board in which the President kindly asks the EBA to agree with his novel interpretation of the EPC.)

Previously, it was clear that the list of “stakeholders” whose voices and opinions that this (and/or the previous) President of the EPO was happy to ignore included (non-senior) EPO staff, EPO staff representatives, Board of Appeal members, the Association of the Members of the Boards of Appeal, national courts and their judges (as illustrated by events in the Corcoran case) and certain (national associations of) professional representatives. To that list we can now add the epi, patent applicants, opponents and interested members of the public.

This poses one more question: is there any stakeholder whose opinion the President will take seriously? The way that things are currently working out, and absent a move by large numbers of applicants to take their cases to national patent offices, I would wager that the answer to this question is “no”.


MaxDrei agreed:

...Concerned’s concluding thought nails it.

The arrogance on the top floor of the EPO can be imagined as a nonchalant shrug of the Presidential shoulders and a casual throwaway remark from him, to the effect that:

“If the Applicants don’t like it, they can eff off and take their cases to the national Patent Offices. But, until a lot of them do exactly that though, I shall keep going with my sociopathic, corporation-style policies. And for exactly the same reason as in all those anti-social corporations, namely, to maximise the “value” that the Chief Executive doles out to the EPO’s shareholders. It is the ONLY duty imposed on the legal person that is a corporation. If that duty is good enough for a corporation, it’s good enough for the EPO too. Especially the EPO. Because what’s good for the EPO shareholders is good for the general public in Europe. End of discussion.”


"Not a friend of obligatoy ViCos" then said: "Imagine that your law firm has a well-functioning SIP/H.323 video-conferencing systems, you receive the conference number and the required information how to dial in with the SIP/H.323 video-conferencing system, and one (!) day (!) before the oral proceedings via ViCo you are informed that despite the official information provided together with the conference number (https://www.epo.org/applying/online-services/proceedings/technical-guidelines.html) only Microsoft Skype for Business can be used, because the examiners sit at home and SIP/H.323 cannot be used in such circumstances…"

Emphasis is ours. So Microsoft is now like a European court? Of course it's not legal. It's even worse when they put a criminal company in charge of it -- a company that already admitted that it spies on people's personal E-mails for its business purposes (or putting people in prison for doing things Microsoft itself dislikes).

EPO in 2020: brought to you by Microsoft!

“Microsoft is, I think, fundamentally an evil company.”

--Former Netscape Chairman James H. Clark

Recent Techrights' Posts

Journalists Should be Ashamed for Parroting False Claims From IBM Management About "Quantum Computing", Say IBM Insiders Who Work on "Quantum Computing"
IBM is a buzzwords vendor. International Buzzwords Machines.
Exposing Corruption Using a Highly Resilient Platform
Growing levels of trust, based on our track record, help us attract whistleblowers
FOMO (Fear Of Missing Out) Has Weakened If Not Ruined What's Left of Big Media
Many things that have existed for decades are now being rebranded as "AI"
SLAPP Censorship - Part 97 Out of 200: Garrett in Hiding (From the Simple Observable Fact He's Closely Connected to the Microsofter Who Strangles Women, Tells Women to Kill Themselves, and Worse)
They use one another; they are coordinating this via the SLAPP industry in another continent
Rust Outsources its Financing (or Financial Control) to Microsoft
How long before the third "E"?
IBM's Shares Fell Nearly 13% in One Day (Including After Hours)
its main product is false promises
European Patent Office (EPO) Series: "Operation Influencer"
Costa's political career was far from finished
GNU/Linux Usage Rising Among Gamers, But "Hardware Survey Data Not Available."
Not anymore, not for now anyway
 
Links 04/06/2026: Ukraine’s Daily Moment of Silence and Uber Lays off 23% of HR
Links for the day
SLAPP Censorship - Part 98 Out of 200: Microsoft Threatening Real Security Researcher With Criminal Investigation for Talking About Microsoft's Bug Doors/Back Doors
The crime should be the back doors (deliberate attack on every user's data protection), not talking about those back doors
Microsoft Would Get Away Even With Pedophilia
"Microsoft should never be above the law"
Free Software is Nourishment to Software Users, Unlike Proprietary Software
Quit treating "mere users" of software "like animals"
The "Peanut Gallery" of GAFAM Has Infiltrated Free Software Projects or Disrupts Free Software Communities
They contribute nearly nothing and do substantial damage; they're freeloaders who attack the most productive members of projects
Coding is Not a Quantity Game (It Never Was!)
"less is more"
Mass Layoffs Expected at Microsoft in July 2026
They're preparing more "lists" of people
Reflection on EPO Leadership That Harbours Cocaine, IBM Leadership That Pumps-and-Dumps the Shares, and More
ManCity replaced Manuel Pellegrini with a more famous manager it didn't envision winning 20 titles in 10 years (it could only hope) [...] Team-building is something that "Pep" seemed to be good at, as was Jürgen Klopp
Pump and Dump by IBM Insider Traders: Nickle LaMoreaux, Gary Cohn, James Kavanaugh, Arvind Krishna, Robert Thomas, and Others
the shares are already collapsing
Links 04/06/2026: Microsoft Threatening Security Researcher for Naming Back Doors in BitLocker, "Demand is Booming for" Old Tech
Links for the day
Gemini Links 04/06/2026: "Word Vomit", Slop", and Moving to Gopher/Gemini
Links for the day
"Format Sovereignty" Can Only be Accomplished With LaTeX or OpenDocument Format (ODF) or Vendor-Neutral Standards for Editable Documents
Microsoft is, in effect, above the law
The Cyber Show on the Importance of Software Freedom and Why GNU/Linux Could Not be Stopped
an excellent article
Drew DeVault Can Still Redeem His Reputation. Revisiting His Attacks (and Attack Site) on Richard Stallman Might be a Good Start.
DeVault has openly apologised (this past spring)
The Register MS is Publishing Paid SPAM; Some of It is Designed to Prop Up the "AI" Pyramid Scheme
The Register MS participates in scams
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 03, 2026
IRC logs for Wednesday, June 03, 2026
Jumping Up and Down on the Shoulders of Giants, Never Talking About What Bill Gates Did
We're back to 2019
Despite LLM Slop or Chatbots, Our Traffic Has Doubled Since We Moved Everything to the UK (in 2023)
The demise of news sites was not what we thought it would be
Software Developers Attacked by Plagiarism Engines Because These Developers Can Teach People How to Exercise Control, Not Outsource to Monopolies of Slop and Back Doors
"Universities should be telling industry what is to be done next, not the other way about. Present education policy has the tail wagging the dog."
Quantum Quantum Quantum Quantum (Pump, Then Dump)
What has IBM become?
Communicating With Freedom - Part I - Developing “Quibble” and Improving GNU LibreJS in the Process
In the next part we shall examine where things currently stand
Quantum Computers Are "All the Rage" (35 Years Ago, What IBM Promises This Year is What People Promised When the CEO Was in His 20s)
"Quantum" hype is high on the agenda
How IBM Removes 15% of Its Staff Without Even Checking Performance of Staff (or Calling That "Layoffs")
Performance Improvement Plan (PIP) as veiled RAs
Links 03/06/2026: Mobile Systems, Openwashing, and New Antenna
Links for the day
Canonical as Reseller of Back Doors in "Ubuntu" Clothing
Microsoft is the antithesis of security and autonomy
Romania Used to be Windows Stronghold, But That's No Longer the Case
Windows was once upon a time so ubiquitous that institutions didn't bother supporting anything except it
KDE Has Long Used Dragons, and Dragons Come From Hatched Eggs
That Microsoft Lunduke tries to paint this as some "trans agenda" thing says a lot about Microsoft Lunduke and his COVID-19-damaged brain
IBM Announces 5 Billion Dollars "Invested" in "AI", in "Security", and 10 Billion Dollars for "Quantum", But IBM Does Not Have This Kind of Money (It's Fake News to Manipulate the Share Price)
IBM has fast-growing debt and liabilities, it does not intend to invest this kind of money, it's a smokescreen and false promises timed to alleviate the sagging share price (52-week low)
When Science and Religion Are on the Same Side, United Against Slop Pushers
The "Mathematics Pope" (sometimes known as "Pope Pi") brought together science and religion, united against technofascists who are mostly college drop-outs who abhor women
Links 03/06/2026: "In Turkey, Criticizing a Corporation Can Land You in Jail" and "Court Bans X Account of Turkey's Oldest Newspaper"
Links for the day
Web Censorship Benefits the Corrupt and the Criminal
More so when corrupt politicians are in charge
Have a "Lifetime" Without Microsoft
The online rage over this is still ongoing
Internet Archive’s Wayback Machine Undoing Censorship of Corporate Wrongdoing
That won't go away anymore
"For Entertainment Purposes Only" But Everyone Must Adopt It for Work and Governance, Say Anti-Scientific Technocrats
"The present mentality around "AI" is like driving to the gym to use a treadmill - it's walking for people who hate fresh air and beautiful changing scenery."
Gemini Links 03/06/2026: Ian Murdock's Ex-wife Footprint in Debian and Alhena 5.6.1 Released
Links for the day
Irish Company statCounter Recognises It Overestimated Microsoft Windows' Market Share in Ireland
it seems like the Irish people are gradually moving away from Windows
Corporate Media Participates in the Lie That Mass Layoffs at GitLab and Loss of Geographic Footprint in More Than a Third of Countries is "AI" and Thus "Success Story"
There's no way to spin this as positive news
Slop Prompting is Not a Coding Skill and Slop Deserves Shunning
Red Hat is hypocritically shunning the very same thing it keeps promoting
IBM colleagues "handed out a PIP and then right after the end date they are gone"
Some go into early 'retirement' to save face
SLAPP Censorship - Part 96 Out of 200: When You Receive Death Threats From Anonymous Sockpuppets/Burner Accounts Connected to People Who Strangle Women and Tell Women to Kill Themselves
Women are not objects and my wife ought not be mentioned in "threats to kill" (how cops have described this)
European Patent Office (EPO) Series: A Tale of Two Antónios - Introducing the Other António
António Costa
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 02, 2026
IRC logs for Tuesday, June 02, 2026
Advertisements as Articles in The Register MS
Trust in media
Social Control Media Does Not Improve Reach, It Wastes a Lot of Time
many people still think that no presence in Social Control Media necessarily means invisibility
Links 02/06/2026: New York Times Debunks "Hey Hi (AI) Layoffs" (Excuse, False Narrative), Sheinbaum Publicly Bemoans US Meddling
Links for the day
Despite Mass Layoffs and Culls Dubbed "Buyouts" Google's Debt Doubled in a Year and It's Desperate for Money (to Pay Salaries and Bills)
Google and GAFAM in general have mass layoffs because they have no clear route towards profitability
Gemini Links 02/06/2026: Arch Linux WriterDeck and Papyrix Reader
Links for the day
Bloggers Still Have Considerable Impact on This Planet
Nowadays, in academia almost anywhere in the world, there's growing expectation that lecturers will spend not much of the time doing research or even teaching
The Firing Line Against Techrights
Tomorrow we'll tell a story about campaigns to intimidate us with death threats
The Cyber Show on the Fight Against Technofascism
It's very long (all combined), but nevertheless refreshing
What Efforts to Cancel Richard Stallman Ought to Teach Us About the Media, Including Very Large British Publishers
Richard Stallman is like a modern-age Alfred Dreyfus
After Threats to Greenland Northern Europe Seems to be Moving Away From Microsoft Windows Even Faster
The facts on the ground are, more people/businesses/institutions "get the message"
Claim of 500+ IBM Red Hat Layoffs With Termination Next Month
IBM is doing great... at hiding internal affairs
Slop Did Not Rewire Democracy, It's a Giant Flop
we already see slop giants accepting they'll never make money
The Register MS Embeds in Articles "SPONSORED LINKS" That Link to "AI" Ponzi Scheme/Scam
The circular financing giants are allocating budget for the spam, as do the banks (lenders)
Many Countries Divest From Microsoft
new numbers at statCounter today
European Patent Office (EPO) Series: A Tale of Two Antónios - On the Campaign Trail in Brussels
Part 1
SEO is an Acronym That Stands for Slop Engine Orientation
The Web changed a lot when Web directories, portals, and then social control media gained popularity
IRC Network OFTC is Shedding Off Servers
Down to 17
Julian Assange's Counsel Jennifer Robinson Has Just Won an Award
Jennifer Robinson is relatively young
Schweizerische Bundesbahnen (Swiss Federal Railways) and Richard Stallman
It seems like RMS is receiving endorsement or at least belated recognition from very high-profile institutions
Almost 30 Years After Rob Malda Made Slashdot It Still Inspires New Implementations
Maybe the issue isn't Slash per se, just the complexity of it (which SoylentNews complained about in the past)
Links 02/06/2026: "The Infosec Phrasebook", 'Perfect Randomness' and "Leaving the Tech World Professionally"
Links for the day
Faking Demand for Slop: Google's Search Prompt Becomes Slop Prompt (Bait, Switch, Fake Usage)
If there is no consent, then it's unsustainable
When You Give People (or Companies) Money to Buy Your Own Products and Then Call It "Revenue"
A lot of modern "economics" don't benefit ordinary people (all they get is high inflation rates); they're devaluing money by faking economic activity
IBM is Self-Detonating, the Cheeto-Infused Rally is Another Con by Don
pump and dump
"Quantum" as the "Next Big" Bubble
disappointing and delivering nothing
Links 02/06/2026: "$1.5 Trillion Defense Budget Benefits Billionaire Cheeto Mussolini Supporters", US "Plans to Criminalize Sleeping Outside"
Links for the day
Gemini Links 02/06/2026: Organising Oneself and Killing Off Distracting "Notifications"
Links for the day
SLAPP Censorship - Part 95 Out of 200: The Growing Risk of Tolerating Men Who Abuse and Physically Assault Women
FOSS should not be a "safe harbour" or "hideout" for criminals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 01, 2026
IRC logs for Monday, June 01, 2026