EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

10.28.15

Control Risks Group (CRG), Transparency International, the European Patent Office (EPO) Investigative Unit and the Obvious Conflicts of Interest

Posted in Europe, Law, Patents at 8:14 am by Dr. Roy Schestowitz

Power serving Power

Control Risks

Investigation Unit

Summary: Analysis of the embedded biases inherent not just in self-acclaimed independent auditors but also union-busting, espionage-connected entities like Control Risks

THE MORE we learn about the EPO, the more appalling it looks. They have plenty to hide up there, hence they’re desperate to crush whistle-blowing and journalism.

The EPO’s witch-hunt against people is going well beyond staff. Like the CIA (based on relatively new leaks), they target “investigative journalists” and we too became a target, as we explained in previous articles, such as:

Last year we wrote about action (or lack thereof) by Transparency International, which has done virtually nothing to stop institutional abuse and serious harassment. What kind of spineless body is that?

Well, when one looks beneath the surface, Transparency International isn’t quite what it seems. People who are familiar with the pseudo-politics behind it (mostly commercial interests, not politics) shared some interesting information. “Strange links” is what they called it and these are strange connections indeed, for they serve to show that the supposed oversight or regulator is in bed (or the same bank account) with the subject/target of oversight and regulation. It’s basically a sham and it makes “Transparency International” looks like just a corporate publicity stunt, or a badge of endorsement that is paid for. To quote:

In 2014 Transparency International published a so-called “integrity study” of several EU institutions. The study analysed whether these institutions had the regulations and mechanisms in place to detect and prevent corruption. SUEPO suggested at the time that the EPO invite Transparency International to do the same for the EPO. “Transparency” seemed supportive. Not surprisingly, the EPOrg (Mr Kongstad) was quick to dismiss the idea. But obviously: “Transparency” does not really need a company or organization to welcome them in order to do a study. If that were the case, few if any deficiencies would ever be exposed. So we were a little disappointed that “Transparency” simply vanished from the scene without a trace for unclear reasons.

The German magazine “Der Spiegel” reported on various Union bashing scandals involving Control Risks, the firm that is now assisting the Investigative Unit interrogating EPO Union officials and staff representatives (see below).

Lufthansa and Deutsche Bahn were amongst the clients of Control Risks. Given that background, it is surprising that Control Risks is a corporate member of Transparency International Germany, something that could easily be interpreted as a seal of approval. But there are more surprises waiting: Lufthansa and Deutsche Bahn are also on the list of corporate members of “Transparency”. These corporate members pay for the honour. We are not the first to wonder whether such contributions from corporate friends could affect Transparency’s independence. The European Patent Office is fortunately not (yet?) on the list. Nevertheless: the very concept of “corporate friends” would not seem in line with Transparency’s message and mission.

Back to Control Risks: the Control Risks employee who seems to be the main consultant for the EPO (and the main interrogator) is Matthew Kinch of Control Risks Berlin. He is the co-author of an article about “Krisenmanagement im Falle einer externen Korruptions- ermittlung” (sic). Control Risks claims strict adherence to national law and to their code of ethics. We have some doubts about that. In the pending procedures Mr Kinch and other Control Risk employees cannot claim they adhere to the EPO regulations, as they are no EPO employee, but external contractor / consultant. As with all other contractors working for or at the EPO, national law remains applicable to them:

The employees of Control Risk remain bound by national law in their interactions with individual EPO staff members. This means that they should respect the broader rights given to EPO staff members by national law, e.g. right to remain silent, right to be accompanied by legal assistance of their choice, and right to know who is the accuser1.

It further means that if an EPO staff member suffers damage, e.g. undue dismissal, on the basis of material collected by Control Risks in a procedure that would be considered flawed under national German law, Control Risks can be held liable for that damage. We are currently looking into this matter.
_________
1 This right is even recognised by ILOAT, see Judgment 2014: “It is contrary to due process to require an accused staff member to answer unsubstantiated allegations made by unknown persons. The staff member is entitled to confront his or her accusers. In the present case, if the Organization was not willing to disclose the identity of the complainant’s accusers, and had no other independent evidence to rely on, the charges should not have been brought.” It is, however, happily ignored by the Investigative Unit.

As a matter of law, as pointed out in the footnote, the accused has the right to know who the accuser is. The European Patent Organisation systematically hides the supposed accuser, in an effort to intimidate and entrap people (ensuring they don’t have access to a lawyer in the interim). This may be the same kind of bullying used against Elizabeth Hardon, where there are efforts to exploit lack of awareness of the laws and therefore bring allegations against a person from a total vacuum, not a person. The European Patent Organisation is not a person but a collection of people who laughably call themselves public servants.

Next month we are going to show how the EPO does this not only in one single case. There is systemic misuse of the law and a systematic effort to crush truth-telling.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Google Bookmarks

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. IRC Proceedings: Wednesday, July 01, 2020

    IRC logs for Wednesday, July 01, 2020



  2. IBM-Funded FSF Censors Itself on Software Patents

    Donald Robertson’s article bemoaning and openly condemning the U.S. Patent and Trademark Office (USPTO) over software patents, which it illegally grants in some cases, was modified a week later; and why? One can only guess… (but remember that the FSF’s foremost sponsor is lobbying against 35 U.S.C. § 101 and for software patents)



  3. [Humour/Meme] Remember That As Recently as Last Year Microsoft Was Still Shaking Down and Even Suing Companies Over 'Linux Patent Infringement'

    There's no 'new Microsoft' except a (better at) lying Microsoft; its covert actions tell us a lot about its ongoing hatred of GNU/Linux, which it is assaulting in new and more sophisticated ways



  4. Contrary to Common Misconceptions, Free Software is More 'Corporate' or More 'Enterprise-Grade' Than Proprietary Abandonware (All Proprietary Software Will Die)

    Free software can leverage the superficial and bland boardroom lingo/slang to promote itself; it would definitely harm or dilute/weaken the terms which proprietary software giants like to leverage against us



  5. Social Control Media Will Not Exist One Day

    Digital obsolescence and Internet bitrot — that’s what Social Control Media is really good for; as many Google+ ‘users’ (useds) found out, they’re just being ‘farmed’ for their ‘content’, which is neither valuable nor resilient (definitely of no value to Google)



  6. What Freedom of Software Actually Means to Us

    Liberty or libre (freedom) is about more than brands or personalities, as names or institutions or individuals can change or completely perish; but concepts outlast superficialities



  7. [Humour] Thinking Beyond Just the Linux Brand

    We're supposed to believe that because "Linux" is dominant we finally have freedom; but almost all the very big companies that are using GNU/Linux leverage it for freedom-hostile purposes and keep about 99% of their code secret from us, so the fight for software freedom must go on



  8. Corporate Media Blames 'China' and 'Open Source' for Back Doors in Microsoft's Intentionally Flawed Proprietary Software That's Causing Chaos

    'Red Scare' tactics are being used to divert attention away from Microsoft's incompetence and conspiracy with the NSA (to put back doors in everything, essentially making all software inherently vulnerable, by design)



  9. Microsoft Has Infiltrated Authorities and/or Their Consultation Processes

    In the European Union, the United States and just about everywhere else in the world one can find Microsoft officials replacing public officials, as if the decision-making too has been outsourced to the "Good Folks" from Microsoft



  10. Links 1/7/2020: Tails 4.8, Serpent OS

    Links for the day



  11. IRC Proceedings: Tuesday, June 30, 2020

    IRC logs for Tuesday, June 30, 2020



  12. EPO Management Celebrates the Lowering of Patent Quality While Granting Invalid Patents (IPs) Instead of European Patents (EPs)

    Europe's most autocratic institution continues to cheat and lie to everybody; even twice in one day, together with... the Communist Party of China (through CNIPA)



  13. Links 30/6/2020: OpenSUSE Leap 15.2, 4MLinux 34.0 Beta and IPFire 2.25 - Core Update 146

    Links for the day



  14. [Humour] There's Always a Way... (to Grant Patents on Almost Anything)

    The referral from European Patent Office (EPO) President António Campinos leaves the door open to patents on life, provided one paints those as uniquely clever, e.g. GMO (same tricks for software patents in Europe with “Hey Hi” — an overblown buzz wave)



  15. Crocodiles Can Only Ever Fake Empathy

    Greenwashing, pinkwashing, openwashing and abduction of various authentic civil rights movements (centered around gender, race, and sometimes economic issues) is very easy and cheap relative to the depths of corporate pockets; the problem is, those things help distract the 'masses' from objectively immoral and universally unacceptable acts



  16. [Humour/Meme] History in the Making or History Being Rewritten?

    he idea that history can just totally eliminate particular people and particular views overlooks the very nature of historical studies; banning words impedes the telling of history itself and society cannot tackle the underlying issues without talking about them



  17. A Lot of Things Are Offensive to Someone and Appeasing the Easily Offended is an Endless Adventure That Can Offend Free Speech Ideals

    Free speech may be the main casualty of the recent flamewars, which were initially rationalised as ethics-driven and nowadays boil down to speech police



  18. Feeling Vindicated About the Harms of Social Control Media Being Widely Recognised

    The cleansing of social control media sites reinforces our long-held views about social control media in general



  19. [Humour/Meme] ZDNet Promoting LOT/OIN as a Force for Good. Says a Lot About ZDNet...

    ZDNet has long been a mouthpiece or a parrot for LOT and OIN (overlaps exist); that says so much about the software patents agenda of ZDNet and its parent company, which became defunct 6 months ago, then passed to friends of Bill Gates (privately-owned)



  20. Linus Torvalds Explains Why GNU/Linux Development Speeds Up (Likely Owing to Coronavirus Lock-downs)

    The COVID-19 pandemic has so far boosted not only GNU/Linux market share; it's also speeding up development, leaving proprietary software players in the ashes (it's harder for them to make sales and to pay their developers)



  21. IRC Proceedings: Monday, June 29, 2020

    IRC logs for Monday, June 29, 2020



  22. The MeatHub

    Coding liberates! Join Microsoft's MeatHub today!



  23. [Humour] “Technological Progress is Like an Axe in the Hands of a Pathological Criminal,” Albert Einstein, Famous European Patent Clerk

    The European Patent Office’s (EPO) António Campinos and Benoît Battistelli continued their regime of illegal digital surveillance; is anyone holding them accountable? No.



  24. The Rumours of North Carolina Layoffs and the Atmosphere at IBM/Red Hat Under New Management

    IBM would send the wrong message if it laid off even a single Red Hat employee; we shall be watching closely how IBM changes (if at all) its patent policy and what kind of staff it is planning to let go (maybe the in-house lawyers, which would be a sign of progress)



  25. Links 29/6/2020: GnuCash 4.0, Firefox 78 Available

    Links for the day



  26. [Humour] Nothing Says Feminism Like Microsoft Corporation, JEDI Winner

    Microsoft’s shallow claims of support for women are laughable at best (it’s what some women have called “corporate feminism”); but facts-free marketing, if enough money is sunk into it, can have exceptionally broad reach



  27. Addendum: Notes Associated With Other GNU Redirects, Mostly to GitHub (Microsoft)

    A detailed list of GNU projects (pertinent parts of the GNU Project) that redirect to other sites, especially Microsoft's and especially after Richard Stallman (rms) was pushed out of the FSF 9 months ago



  28. I Won't Ever Support the FSF Again -- That's Their Own Fault

    "There have been several coups (or several coup stages -- I've counted and named 5 or 6 of them) at the FSF in the past 2 years, and the largest of them is something we warned about -- did anybody listen? I guess not."



  29. The GNU Project is Bleeding Into Microsoft

    "A large part of this “loss of integrity” is simply a lack of desire to resist competition, or even recognize the nature of the threat."



  30. Monday Without Microsoft Stores

    Microsoft Stores will never reopen again; with thousands laid off (never mind if disguised as contract workers; way to ruin people's weekend, telling them they're jobless) and half a billion dollars less Microsoft can only hope that its late Friday 'news dump' won't be noticed by journalists and shareholders who return to work today


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts