Bonum Certa Men Certa

EPO Censored Itself After Publishing a Document Which Had Been Leaked Anyway

Summary: The EPO's highly controversial attempt to sack an accused judge is thwarted and the decision relating to it is also thwarted, or mysteriously removed from the EPO's own Web site

THE EPO seems to have an internal struggle over what should and should not be made visible to the public, even though it's sometimes made visible in blogs anyway. Based on information that we received, as early as (perhaps) 7 AM a decision was made publicly available but shortly thereafter, or shortly after it had been mentioned in IP Kat comments, it was removed. Certainly someone is hoping to hide something, though it's not clear who and why/what. As such, tomorrow we'll publish the entire text as HTML (it requires quite a lot of manual work).

Two days ago we saw the following comment pointing to the original of the decision which had already been disclosed by the IP Kat anyway (last month even). The comment says: "At least the EPO has decided that, in the interests of openness, decision G 2301/15 should be published: http://www.epo.org/law-practice/case-law-appeals/pdf/g152301eu1.pdf"

Another comment says: "So the [IP] Kat was right this time and the EPO king did not behave as presidentially as he should.

"Maybe this king should announce to the public that there is no future for the BoA at the EPO and that the UPC will be much better for every stakeholder… and that the BoA will die out anyway…

"If he is a decent person, excuses to the insulted DG3 member will soon follow, with media partners involved, so the 860k EUR will be well spend.

"Maybe it’s part of his Xmas speech to come soon…, I hope the AC will wake up from their anaesthesia (due to dental interventions?) [reference to this] before the Xmas speech, so they will have a less troublesome 2016."

"It seems that the decision has been taken off the EPO€´s homepage after a couple of hours only," says this later comment.

"It announced that decision G2301/15 was available at http://www.epo.org/law-practice/case-law-appeals/pdf/g152301eu1.pdf," a source told us. "The document was withdrawn very quickly, and prompted the following two comments."

One comment says: "Strangely. the decision has now disappeared!"

Another says:

24 hours ago, Kant wrote here:

"At least the EPO has decided that, in the interests of openness, decision G 2301/15 should be published: http://www.epo.org/law-practice/case-law-appeals/pdf/g152301eu1.pdf"

so I printed out a copy of G2301/15.

Less than 24 hours later, Kant wrote here:

"Strangely. the decision has now disappeared!"

So it seems that the spirit of open-ness didn't last long.

Looking at the parties to G2301/15 I note that the "Respondent" name is redacted. So no chance of asking him or her for a copy of the published then un-published Decision.

But the "Petitioner" is stated on the Decision to be "Administrative Council of the European Patent Organisation". Can't it show us the Decision? How much "spirit of open-ness" does the Petitioner possess? Does it know? Or must it first ask the EPO President for guidance on that point?

Isn't there something in Europe we regard as important here? Something about justice not only being done but also being seen to be done?


Some more research has been done to study when the document was uploaded, removed, etc. but we'll spare readers the technical details. It seems likely that there is some internal dispute over the publication of that file.

An hour ago I did a Google search on the text and got this:

EPO on Google



Clicking on the link yields the following:

EPO deletion



It was online long enough for Google to pick up. Thankfully, we got a copy. It may not be identical to the one IP Kat previously published, so a comparison may be worthwhile (perhaps a redacted copy will be published at a later date, indicating what caused the panic).

"The file is included herewith for your enjoyment," wrote to us another source (many people have noticed this incident). "This apparent censorship is strange," the source added, "as the document had already been leaked and published in an OCR version..."

Stay tuned as we are going to increase the file's exposure by making an HTML version available very soon.

Recent Techrights' Posts

Over at Tux Machines...
GNU/Linux news for the past day
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
 
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter
Gemini Links 07/05/2024: Music Spotlight and Network Knobs
Links for the day
Only Weeks After Microsoft Closed Offices and Studios It is Closing Several More (Many Layoffs, Still Deeply Debt-Saddled)
When the sad news writes itself
Bolivarian Republic Of Venezuela: GNU/Linux Reaches 9% (ChromeOS Included)
Venezuela must have lost interest in some American proprietary software when users were locked out of their own data (Adobe) and the costs could no longer be justified
[Video] Microsoft is Like Big Oil, Big Tobacco, and Other Perpetrators of Fear, Uncertainty, Doubt/Fear-mongering
openwashing, Microsoft lobbying, and Microsoft subsidies (e.g. bailouts in the form of 'defence' contracts)
Security & Debian: Urgent: New Feed URLs after another WIPO censorship
Reprinted with permission from Daniel Pocock
World Press Freedom Day: WIPO censors Debian suicide cluster
Reprinted with permission from Daniel Pocock
Gemini Links 07/05/2024: Smashing Windows (Moving to GNU/Linux) and Mastodon Time-wasting
Links for the day
Links 07/05/2024: Pulitzer for Supreme Court Expose, New Threats to Media Reported
Links for the day
Links 07/05/2024: Cheap EVs and Cloudflare Layoffs
Links for the day
Berlin police declined to investigate FSFE Nazi comparisons
Reprinted with permission from Daniel Pocock
[Meme] Communities Governed by Parasitic Elements and Girlfriends (Who Can't Understand Those Communities)
Karen Sandler and Molly de Blanc present at DebConf18
[Meme] You Can't Kill an Idea (or Facts)
Thankfully, in Western societies, there's still due process, rule of law etc. You don't just hire assassins or imprison critics
[Meme] Software in the Public Interest (SPI), Inc, Values Articles of Daniel Pocock at ~$5,000 Each (and Fails to Hide the Facts)
we are laughing, not grieving
IRC Proceedings: Monday, May 06, 2024
IRC logs for Monday, May 06, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] About 2,564 Internet Sites Now at Risk of Hostile Takeover by Microsoft-Sponsored Software in the Public Interest (SPI)
WIPO censors Debian suicide cluster
Links 07/05/2024: Burning Plastic Waste, Facebook Censoring Politicians
Links for the day
Gemini Links 07/05/2024: Smashing Windows (Microsoft Losing Users to GNU/Linux), Sixty Years of BASIC
Links for the day