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

11.27.15

EPO Did Not Want to Take Down One Techrights Article, It Wanted to Take Down Many Articles Using Intimidation, SLAPPing, and Psychological Manipulation Late on a Friday Night

Posted in Europe, Patents at 8:13 pm by Dr. Roy Schestowitz

SLAPP is strategic lawsuit against public participation

North Korea flag and EPO

Summary: Recalling the dirty tactics by which the European Patent Office sought to remove criticism of its dirty secret deals with large corporations, for whom it made available and was increasingly offering preferential treatment

SAVING the best for last (there’s a lot more to come), tonight I wish to only share some early experiences I had with the EPO's bullies. At a later point we will show the full legal dissection that includes point-by-point rebuttal and demonstrates that the EPO not only ignores the law when it comes to internal operations but also when it comes to outside engagements (external). These people are thugs and they are contracting goons from the outside (i.e. more privatisation).

“They wanted to ensure that I have no time to seek legal advice.”The EPO, in sending me threatening letters, did not follow the appropriate procedures. These letters were seemingly not sent from a professional in the field, either. They should give 14 days to respond, as a matter of law. It seems as though they are not even aware of how it’s done, but they did it at around 23:30 on a Friday night, showing utter disregard for their target and misuse of new defamation laws, which do not even permit this. Any emotional harm caused to a person who is criticised is not enough to merit litigation, especially since malicious intent or fabrications are required to make up defamation cases. More importantly they need to say who it’s published to and who they actually represent (otherwise there may be no capacity to take any action at all, in which case this all just amounts to harassment or trolling). When I received the first letter (there was more than one) I knew the EPO was trying to engage in a campaign of silencing, but it was too late at night (and beginning of a weekend), so reaching out for legal advice was extremely hard. This is probably what the EPO intended; how many lawyers actually work until midnight on a Friday? They wanted to ensure that I have no time to seek legal advice or that the longer it takes, the greater the liability. Not even silence was presented as an option (akin to Miranda rights).

What I wrote back to them was very short and I then passed the letter to my lawyer. The sender of the latter was possibly not a law specialist. My lawyer called it a “prank letter”. On the face of it, I could ask for at least 14 days to respond, but how would one know this without access to a suitable lawyer late on Friday night? They asked me to write back immediately (a trap) and they clearly don’t know what they are doing, or maybe they deliberately break the rules. Well, this is “SLAPP” — an action intended only to chill a person. It’s abusive. Such abuses of the law are a common theme inside the EPO, based on other stories (like that of Elizabeth Hardon).

“The EPO already has a history of trademark-trolling its critics.”The EPO, in the mean time, carried on sending ever more threatening letters, but this time I already had legal advice, hence I could not be easily fooled. Further to a phonecall or two (during the weekend), my lawyer sent a holding response, sent at my instruction. I had reread my own post and found it totally defensible, even by citing mainstream media interpretations of the leaks (original and authentic, definitely in the public interest). Only if something was incorrect in it would it be worth taking down the post. But I will not do so. Because it’s totally defensible. The EPO was clearly just trying to take down all my recent posts (at the time) because it suffered a major backlash in the corporate media, which cited my articles on the subject. The bullies were utterly desperate to salvage the EPO’s reputation; they even wanted a public “apology” as means of attempting to change history and portray the messenger as wrong, i.e. putting words in their critic’s mouth.

I decided that if the criteria for takedown (and apology) was as terrible as noted in that last threatening letter (worse an example than the first), then they can just libel-troll a lot of other articles, as they probably already do against other people (the totally wrong surname in the first letter potentially serves to confirm this). The EPO already has a history of trademark-trolling its critics. It uses fear (or terrorism, to use a mightier synonym) to silence dissenting voices.

This whole campaign of libel-trolling, which I presume is the frantic/panicky result of managers and others potentially risking the sack (for their actions and the resultant public outcry from European lawyers, i.e. the ‘clients’ of EPO), is ideologically indefensible. It shames the EPO even further as they juggle a whole lot of scandals.

“There is nothing so bad but it can masquerade as moral”

Walter Lippmann (American Journalist, 1889-1974)

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

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: Tuesday, October 15, 2019

    IRC logs for Tuesday, October 15, 2019



  2. No, Microsoft is Not an 'Open Source Company' But a Lying Company

    The world’s biggest proprietary software companies want to be seen as “open”; what else is new?



  3. Meme: Setting the Record Straight

    Stallman never defended Epstein. He had called him “Serial Rapist”. It’s Bill Gates who defended Epstein and possibly participated in the same acts.



  4. EPO Staff Resolution Against Neoliberal Policies of António Campinos

    “After Campinos announced 17 financial measures,” a source told us, “staff gathered at multiple sites last week for general assemblies. The meeting halls were crowded. The resolution was passed unanimously and without abstentions.”



  5. Satya Nadella is a Distraction From Microsoft's Real Leadership and Abuses

    "I’m merely wondering if his image and accolades that we’re incessantly bombarded with by the press actually reflect his accomplishments or if they’re being aggrandized."



  6. Raw: EPO Comes Under Fire for Lowering Patent Quality Under the Orwellian Guise of “Collaborative Quality Improvements” (CQI)

    Stephen Rowan, the President’s (António Campinos) chosen VP who promotes the notorious “Collaborative Quality Improvements” (CQI) initiative/pilot, faces heat from the CSC, the Central Staff Committee of the EPO



  7. Making The Most of The Fourth Age of Free Software

    "For better or for worse, we can be certain the Free Software Foundation will never be the same."



  8. FSF is Not for Free Speech Anymore

    The FSF gave orders to silence people



  9. Links 16/10/2019: Plasma 5.17.0, Project Trident Moves to GNU/Linux, NuTyX 11.2

    Links for the day



  10. ...So This GNU/Linux User Goes to a Pub With Swapnil and Jim

    It's hard to promote GNU/Linux when you don't even use it



  11. How to THRIVE, in Uncertain Times for Free Software

    "The guidelines are barely about conduct anyway, they are more about process guidelines for "what to do with your autonomy" in the context of a larger group where participation is completely voluntary and each individual consents to participate."



  12. When They Run Out of Things to Patent They'll Patent Nature Itself...

    The absolutely ridiculous patent bar (ridiculously low) at today’s EPO means that legal certainty associated with European Patents is at an all-time low; patents get granted for the sake of granting more patents each year



  13. EPO Boards of Appeal Need Courage and Structural Disruption to Halt Software Patents in Europe

    Forces or lobbyists for software patents try to come up with tricks and lies by which to cheat the EPC and enshrine illegal software patents; sadly, moreover, EPO judges lack the necessary independence by which to shape caselaw against such practices



  14. Professor Dr. Maximilian Haedicke on Lack of Separation of Powers at the EPO (Which Dooms UPC)

    Team UPC (“empire of lies”) is catching up with reality; no matter how hard media has attempted to not cover EPO scandals (after the EPO paid and threatened many publishers that tried), it remains very much apparent that EPOnia is like a theocracy that cannot be trusted with anything



  15. As Expected, the Bill Gates Propaganda Machine is Trying to Throw/Put Everyone off the Scent of Jeffery Epstein's 'Incestuous' Ties With Gates

    Media ownership up on display; it's amplifying false claims for a whole month, whereas truth/correct information gets buried before a weekend is over



  16. IRC Proceedings: Monday, October 14, 2019

    IRC logs for Monday, October 14, 2019



  17. [ES] El Kernel de Linux está introduciendo Open Source Privative Software

    Linux, el kernel, continúa su trayectoria o el camino hacia convertirse en software propietario de código abierto (OSPS).



  18. Linux Foundation Board Meeting

    More sponsored keynotes and tweets — like more sponsored articles (or “media partners”) — aren’t what the Linux Foundation really needs



  19. Links 14/10/2019: Linux 5.4 RC3, POCL 1.4, Python 3.8.0

    Links for the day



  20. This Week Techrights Crosses 26,000 Posts Milestone, 3 Weeks Before Turning 13 (2,000+ Posts/Year)

    A self-congratulatory post about another year that's passed (without breaks from publishing) and another milestone associated with posting volume



  21. No Calls to "Remove Gates" From the Board (Over a Real Scandal/Crime), Only to "Remove Stallman" (Over Phony Distraction From the Former)

    Jeffrey Epstein's connections to Bill Gates extend well beyond Gates himself; other people inside Microsoft are closely involved as well, so Microsoft might want to cut ties with its co-founder before it becomes a very major mess



  22. “The Stupidest [Patent/Tax] Policy Ever”

    It’s pretty clear that today’s European patent system has been tilted grossly in favour of super-rich monopolists and their facilitators (overzealous law firms and ‘creative’ accountants) as opposed to scientists



  23. Meme: Software Patents at the EPO

    The evolution of “technical effect” nonsense at the EPO



  24. IRC Proceedings: Sunday, October 13, 2019

    IRC logs for Sunday, October 13, 2019



  25. Firm of Microsoft's Former Litigation Chief Uses Microsoft-Connected Patent Lawsuit Against GNU/Linux (GNOME Foundation) for New Breed of FUD Campaigns

    The patent troll of Bill Gates and Nathan Myhrvold has fed a patent troll that's attacking GNU/Linux and a firm owned by Microsoft's former litigation chief says it proves "Open Source Software Remains a Target"



  26. "Widespread Adoption" (Did You Mean: Takeover by Monopolies?)

    "Quite a few of them are people that would rather replace David with Goliath, just because he's bigger. Quite a few are already taking money from Goliath."



  27. Links 13/10/2019: Red Hat CFO Fired and KDE Plasma 5.17 Preparations

    Links for the day



  28. Bill's Media Strategy Amid GatesGate

    There are many ways by which to game the media’s news cycle — an art mastered by the groper in chief



  29. Hard-Core Micro-Soft

    The word "core" is increasingly being (mis)used to portray user-hostile proprietary software as something more benign if not "open"



  30. Free Software Timeline and Federation: When Free Software Advocacy/Support is a Monopoly Expansion Becomes Necessary

    Support for Software Freedom — like support for Free software (think Red Hat/IBM and systemd) — should be decentralised and compartmentalised to make the movement stronger and adaptable


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