Bonum Certa Men Certa

Staff of the EPO Under Siege Ahead of Tomorrow's Demonstration in Munich

Shooting the messengers again

Kent State massacre
Recall the lessons of an antiwar protest at Kent State University
۩ 1970 Valley News-Dispatch



Summary: The smaller demonstration in The Hague is estimated to have had about 400 participants, but the big protest will take place tomorrow in Munich and it is already being forcibly removed out of EPO buildings, allegedly for 'security reasons' because of VP4 (Željko Topić)

EXCITING TIMES? Not if you work at the management of the EPO, which is about to come under a lot of attacks (negative publicity) in English-speaking media, including media which targets patent lawyers (i.e. clients of the EPO, which oddly enough warped into a business with 'favourite' customers that enter or hop onto a V.I.P. queue). We have just learned that this scheme is already "a permanent fixture", so don't accept all sorts of excuses from the EPO, or any attempts to belittle this scandal. Watch the 'damage control' and see the update at Heise (with over 60 comments now, as the EPO can't just ignore this scandal or even simply stay silent). Today was the first time the EPO (through its official Twitter account) chose to engage with me (indirectly, in response to something a patent lawyer wrote). I never even tried to engage with them before. They blocked my site (gagged me), as a matter of unprecedented policy which precludes even common sense. It's personal. To them it's personal. For posting what they themselves wrote (verbatim) I had the EPO saying I was "wrong". The evidence speaks for itself though (a legitimate leak), does it not? If anyone is wrong here, it's the EPO. They were wrong to even attempt this utterly ludicrous scheme, which has become permanent (they might, due to pressure from the media and the public, choose to change/rewrite history and pretend it never was).



Ad Hominem? That's the EPO's Spiel



The EPO is desperate now. It doesn't know exactly what to say to the media (journalists are inquiring) and people at the managerial tier certainty cannot take the blame. Union-busting and protest-crushing doesn't seem to have worked; it only caused backlash or blowback (to use the term infamously coined by the CIA, which also likes to 'interrogate' innocent people* and has just been belatedly sued for it, as reported earlier today[1, 2]). The EPO is misleading and misdirecting right now. It just looks at who to blame other than itself. Right now they are witch-hunting Elizabeth Hardon, whose name was made public by Florian Müller just over a month ago. Alluding to an issue that we covered last week in Techrights, IP Kat finally tackled the horrible personal attacks on Hardon.

"Merpel has hitherto been reluctant to identify individuals involved in disputes with the EPO," she wrote, "but now that one of them has been named in other media sources, she need not in this instance concern herself with discretion: the EPO administration is singling out for special treatment Elizabeth Hardon, who is Chair of SUEPO Munich and also Chair of the Local Staff Committee in Munich. Ms Hardon has already been demoted for alleged "harassment", but Merpel understands that the act complained of was a single sentence written in her official capacity, and that the person purporting to be harassed by this was a senior member of the EPO administration. This does not correspond to any understanding of harassment that Merpel has encountered before.

"Now, in an escalation of action, Ms Hardon was summoned to a disciplinary hearing on 10 September 2015 relating to allegations of harassment, but the nature of these allegations was not specified. The summons was however published on the Techrights blog and elsewhere. This apparently being contrary to the requirement to maintain confidentiality in the case of disciplinary investigations, Ms Hardon was then requested by the EPO's Principal Director Human Resources to name all persons to whom the summons had been disclosed, as reported on the FOSS Patents blog. Ms Hardon's lawyer responded by challenging the legitimacy of requiring the accused employee to keep the fact of the investigation secret, as well as other aspects of the investigation process. This letter can be seen on the SUEPO website here, at 21/09/2015. The same lawyer has since written to the Administrative Council and to the President of the EPO, complaining of institutional harassment of Ms Hardon, and the letter has been posted and reported on the FOSS Patents blog. It remains to be seen whether any of these pleas will have any effect."

Notice the comments posted there. Some are directed personally at Ms Hardon. She must be untoucable now because if the EPO does anything to her, then many resignation letters and a massive brain drain (already a serious issue) are to be expected. This is what solidarity is about. Will people march for Hardon and her SUEPO colleagues? The bigger the march, the stronger the pressure on EPO management, not on SUEPO. It's not an overly simplistic "either you are with us" situation; a showing of solidarity helps send out the message that the staff is loyal to those who protect staff, not the management (which is mostly preoccupied attacking the staff when Battistelli looks over their shoulder). The staff needs to make it clear who's in charge or at least who deserves some respect. The EPO's talent (or "asset") is the doctors and professors who objectively assess patent applications. A "lunatic tyrant" management model (reign by fear of irrational outbursts) shouldn't be tolerated anymore.

Quoting Merpel again: "The SUEPO website reports (see item of 09/10/15) that further demonstrations will continue at the EPO. A demonstration in Munich on 14 October 2015 will focus on the issue of institutional harassment of EPO staff."

The Inside Story About the Demonstrations



We wish to say more about these demonstrations, which are about to receive some press coverage even in English-speaking media. This quite seldom happens because German-speaking and Dutch-speaking articles are a lot more commonplace. They barely inspire British authors and journalists who cannot even comprehend the language. World IP Review told us they're "aiming to publish a couple of reports tomorrow" (Wednesday), so we want to share more of what we know. For those who still are not aware of the demonstration tomorrow (staged by EPO employees in Munich, where the biggest office is based), the SUEPO Web site (SUEPO.org) is a good place to start. The EPO is not professional and it habitually lies. It also breaks the rules, so don't trust a single word that comes out of its representatives' mouths. All they do is propaganda of the crudest kind.

Staff of the EPO has chosen to "put together some information regarding the latest (sad) development in the EPO Saga."

To paraphrase a little, the “good” news spread by the EPO President during the Management Meeting in Munich and The Hague, the large PR exercise which took place 2 weeks ago, is that the patent office is in peace. Yes, you heard that right. Lying right through his teeth!

According to Battistelli, there is “no social tension” as “there has been no strike this year” (who crushed it and how?). Based on the text below, Željko Topić is already engaging in tactics designed (and quickly refined or perfected) to discourage attendance/participation in protests. Did Topić bring these tactics from the Balkans or is he just inspired by China?

Battistelli claims that only a “small hardcore” troop of unionist are engineering a “negative media campaign very damaging for the EPO reputation” (nonsense because the protests precede by a huge gap any media coverage regarding these issues).

Notice how this parallels or mirrors the dismissive tone of TPP proponents. They ridicule and belittle their vast opposition.

"The disconnect with reality," said one person, "may be obvious for any reader who knows the spirit in the machine rooms; But considering the utter silence with which these statements have been received during this expensive “Grand Messe”, the disconnect seems also shared by assembled loyal EPO line-managers. It is expected that the same story will be told to the Council Delegations who are meeting [...] in Munich for the 14th AC session."

Considering how Battistelli gamed and even bribed the media in exchange for positive coverage, one should be prepared for the spin. Journalists should not believe a single word that comes out from Battistelli's mouth (and his loyal ilk, which is more like family). Maybe they actually believe their own lies. "And if they do not read any newspaper nor publication," said one person, "[especially] from staff on the subject, they may even believe it [their lies]."

"Instead of peace," alleged another person who attended today's protest, here is what the reality of social "peace" looks like:

A demo has taken place today, Tuesday 12.10 in The Hague, with buses starting from the EPO premises aiming at the building of the Ministry of Social Affairs and Employment, Social Affairs Inspectorate. The Dutch MP, John Kerstens joined the well-attended Demo (ca. 400 participants) and the small delegation that met a Dutch Official in the Ministries premises.

A further demo will take place tomorrow, Wednesday 13.10 in Munich in front of the ISAR to express their discontent to the assembled delegations. Allegedly for security reasons, the "announced demonstration cannot take place in the EPO premises, nor on the EPO grounds" (VP4).

General assembly will take place in Berlin in the Halle West on Friday, 16.10, from 12.00 to 14.00, to inform about the possible implications for the Berlin side of general developments in the EPO.

The staff is experiencing further drastic cuts of their working conditions:

- the official staff “consultation” body known as GCC took place last week in the usual new EPO management style, introducing amongst others new rules of procedure allowing the management to write unilaterally the minutes and hence decide what has been discussed.

[...]

For the outside world, the EPO used to be a Model Organisation. Now, the EPO is becoming a laughing stock:

According to news blogs, the EPO has a new policy meant to handle our major “customers“ (my apologies to sensitive readers, but this is new EPO jargon for applicants and public)


Please stay tuned as there is a lot more coming, including media coverage for the rest of this week (some in English). _____ * Mental torture is also a form of torture, albeit nonviolent, depending on the definition of violence.

Recent Techrights' Posts

Twitter as X-Rated Hatred: Criticising Microsoft is Not OK, Calling for Beheadings (With Bounties on People's Heads) is OK
Twitter automation missed 'hit job' advertising
Balancing Activism Against (or With) Basic Necessities and Daniel Cantarín on Our Collective Battle for Software Freedom Around the World
"I'm VERY angry about lots of stuff happening here in Argentina, all of it shielded behind the word "freedom"."
 
Links 16/08/2024: YouTube Bans and Surveillance Expanded
Links for the day
We Were Right All Along and the Collaborators of Microsoft Helped Competition Crimes of Microsoft
Once again vindicated regarding UEFI "secure boot"
[Meme] The New Windows Slogan
stat me up
Addendum: Associate's Notes on Free Software as a Labour Issue and the Connectivity Swindles
these are related issues/causes
Microsofters Infiltrating Roles of Authority and Government Positions to Protect Microsoft and to FUD Microsoft's Competition
friends of Microsofters who bully me and my wife
Links 16/08/2024: UK Skills Deficit and Kim Dotcom to be Extradited to the US (for Doing the Same Stuff GAFAM Does)
Links for the day
Gemini Links 16/08/2024: Overgeneralisation and Games
Links for the day
Russia's Yandex 5 Times Bigger Than Microsoft... in Ukraine
They'd rather rely on the Kremlin than on Microsoft
[Meme] Gemini is Different, So What?
different, not worse
Now It's "Official": Over 4,000 Known Gemini Capsules in Lupa
For the first time ever
Clown Computing
Reprinted with permission from Dr. Andy Farnell
[Meme] What Freedom Means to IBM
Free labou
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 15, 2024
IRC logs for Thursday, August 15, 2024
From 99% in 2012 to 27% in 2024: How Microsoft Lost Georgia
What we're seeing is a migration from Windows to other platforms, notably GNU/Linux
To Understand Cisco's Mass Layoffs Look at the Company's Soaring Debt (Same at Microsoft)
Look what's happening to Intel - down almost 60% since the start of the year, 57% to be precise
Windows Flying Low at 25%
It's another all-time low
[Meme] Long Texts You Never Bother Reading (Because Life is Too Short, Unlike Those Texts)
The devil is in the terms of service
Links 15/08/2024: Monkeypox Hysteria and Modern Homesteaders Living Off the Grid
Links for the day
Gemini Links 15/08/2024: Confession of a Convention Game Master and Some Release nostalgia
Links for the day
Congratulations to Romania, Where Windows is Now "Minority Market Share" Platform
Time will tell if GNU/Linux can pass 5% on the desktop/laptop "form factor" there
Why It Matters That 4,000 Gemini Capsules Are Known to Lupa and Why Gemini Protocol Matters to Us
I have no doubt Gemini Protocol will continue to expand because it solves a real problem
Links 15/08/2024: Avast Surveillance Scandal Unsolved and Facebook Still Censors Terror Sympathisers
Links for the day
Daniel Cantarín's Response to Alexandre Oliva's Talk on Achieving Software Freedom in the Age of Platform Decay
Soylent News caught up with the series
4,000 Gemini Capsules
it's basically one capsule short of 4,000
"Microsoft is a Sponsor of The New Stack."
Many articles turn out to be just ads
New Highs for Android in Russia, But It's Reportedly Working on Its Own Linux-Based Operating Systems (GAFAM-Free)
statCounter isn't equipped to properly parse user agents or to keep up
Upcoming Series: Terms of Service (TOS) Under the Microscope, FSF Party, GitHub Scandals, Clowns, and More
Right now we have way more material than we have time to cover. But that's a good thing.
Gemini Links 15/08/2024: Lies of Therapy and Web Applications
Links for the day
Software Freedom in Perspective - Part 5 - When Richard Stallman Came to Argentina
It might seem a bit harsh, but a discussion at the end of this series will tie things together and explain why those things were said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 14, 2024
IRC logs for Wednesday, August 14, 2024
Russia develops an alternative to Android and iOS | News.az
Russia already has several of its own operating systems
Links 14/08/2024: Ecology and War Inside Russia
Links for the day
Daniel Pocock - Use of Technology in European Parliament Election Campaign (Public Talk)
It starts in 4 hours
Android About to Fly Past Windows in Portugal
Perhaps by month's end or next month Portugal will be orange (Android majority)
How OpenAI Will Decrease the Losses
You have no losses when you have no users left
Giving Control to Microsoft is Always a Dire, Huge Mistake
Microsoft is known for buying things and sabotaging things, not for creating things
Founders That Sell Their Company to Microsoft Speak Out
"Microsoft's closure of Arkane Austin in May was one of the more shocking events of the past couple of years"
In Chile, Microsoft's Web Browser (a Chrome Copycat) Fell to 3.6%, About the Same as Firefox and Opera and Less Than Safari, Yandex Browser, Google Chrome
It does not look like Chileans fancy Microsoft's browser. They go out of their way to use something else, even on Windows.
Software Freedom in Perspective - Part 4 - Daniel on Linux-based Mobile Platforms in LATAM (Latin America)
GNU, Linux, and mobile
Almost Nothing of Invidious Left Online (YouTube is Attacking Gateways)
what it looks like at this very moment
Gemini Links 14/08/2024: Funeral for an E-reader and a Mother Wants a Laptop
Links for the day
Links 14/08/2024: 8 Years of GDPR and Ridicule of "Hey Hi" (AI) Hype
Links for the day
This is How You Give Microsoft More Control Over LibreOffice Both as Software and as a Project
Didn't the Document Foundation learn from prior Microsoft Store scandals connected to LibreOffice?
"Heroes of Fedora" Are Just Salaried Employees of IBM (But "Community" is Just Sounding a Lot Nicer)
A real community would not allow IBM a majority
YouTube Has Thrown Free Software Users Into a Crisis
For many Free software users, who rely on Invidious, YouTube is nearly dead already
[Meme] "New Chapter in the FSF."
We expect to have some coverage from this week's event
There is No I in "GAFAM" and Soon There Won't be I At All (Like Novell Vanished, Not Overnight, as It Took Over a Decade)
Intel is going through the biggest crisis in its entire history
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 13, 2024
IRC logs for Tuesday, August 13, 2024
It's a "sm0l" World and It Won't Outsource to the Pentagon Anymore
As many people aren't interested in a new PC - or simply cannot afford one - we can expect leaner operating systems to gain further
Software Freedom in Perspective - Part 3 - GNU/Linux in Argentinian Desktops/Laptops
Daniel explains why many years ago many PCs shipped with GNU/Linux and that there was an economic reason for it. At least in Argentina.
Tivoisation and Decommodification in Clown Computing
Some firms or organisations lost sight of what "servers" or "hosting" even mean
The News Vacuum
The problem is worse than just an absence of reporting
x86 Lowered the Standards of Hardware Products
A lot of it is just hacks and cheats that help fake performance