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: Sunday, February 16, 2020

    IRC logs for Sunday, February 16, 2020



  2. Links 16/2/2020: MX Linux 19.1 and MyPaint 2.0

    Links for the day



  3. IRC Proceedings: Saturday, February 15, 2020

    IRC logs for Saturday, February 15, 2020



  4. Guest Article: Au Revoir, GNU/Linux

    "Funny how OSI just ended up being another vehicle for their takeover of the computing world..."



  5. Former Microsoft Employee: ZDNet is Owned by Microsoft (and Others) in Some Senses

    A noteworthy message we've received from someone who knows Microsoft from the inside



  6. Links 15/2/2020: Blender 2.82, Qt 5.15 Alpha and NetBSD 9.0 Released

    Links for the day



  7. Microsoft Views 'Open Source' as a Zero-Cost Heist Opportunity (Making Proprietary Software/Spyware Using Other People's Free Labour)

    Making GPL-licensed (copyleft) software and hosting it outside Microsoft’s jaws is the best way to counter the abusive monopolist, which still says it “loves” what it is actually attacking



  8. Did Microsoft 'Buy' ZDNet?

    A look at what ZDNet tells its readers (screenshot from this morning) and a rare look at how its writers are censored/suppressed



  9. Anatomy of a Crime and Protection From Prosecution

    It’s hard to forget what António Campinos hides for his friend



  10. Today's EPO is a Fraud Managed by Frauds

    Beneath the scandals associated with systematic abuse against staff, union-busting (silencing whistleblowers) and en masse granting of invalid patents — the hallmark of grotesque maladministration — lie a bunch of even greater crimes



  11. IRC Proceedings: Friday, February 14, 2020

    IRC logs for Friday, February 14, 2020



  12. One Need Only Look at ZDNet's 'Linux' Section to Understand It's a Microsoft Propaganda Operation

    A timely new snapshot (or screenshot) that demonstrates what ZDNet became after hiring Microsoft employees as ‘journalists’ and censoring on behalf of Microsoft, defaming Free software figures and so on



  13. Links 14/2/2020: New Release of KStars, OpenSSH 8.2, Rhythmbox 3.4.4, Flatpak 1.6.2

    Links for the day



  14. The Uselessness of Social Control Media and Why We Need RSS Feeds' Resurgence More Than Ever

    Social control media became pure noise or misinformation, usually in pursuit of financial expansion alone, and it is also a censorship machine which discourages not falsehoods but unconventional thinking



  15. Another New 'Clown' for the UPC 'Circus'

    A former writer of IPPro Magazine (which seems to be defunct now) reports another shuffle -- perhaps the fifth in a few years -- of "IP" [sic] Minister for the UK; it doesn't bode well for the Unified Patent Court (UPC)



  16. IRC Proceedings: Thursday, February 13, 2020

    IRC logs for Thursday, February 13, 2020



  17. Links 13/2/2020: Ubuntu 18.04.4 LTS, Septor 2020, Endless OS 3.7.7, Wayland 1.18.0, KDE Plasma 5.18 and GTK 3.98 Released

    Links for the day



  18. The Microsoft Propaganda Model

    Classic new examples (real screenshots) of how Microsoft-funded media entraps people looking for information about "Linux" to actually push Microsoft talking points and marketing, cover-up, face-saving lies etc.



  19. What's Evil is Forcing People to Use Something They Don't Want and Typically Dislike

    The difference between Google Search and Microsoft is that many people actually want to use Google (and don't have to)



  20. 2020: The Year Microsoft Became Honest... About Being Corrupt and Criminal

    Microsoft is destroying any past attempts to portray itself as a reformed company or 'recovering criminal'; nothing is really changing and everyone has noticed



  21. Free Software is Being Abandoned by Opponents of Software Patents and It's Being Attacked by Patent Trolls

    The Electronic Frontier Foundation (EFF) is rotting away as an advocate against software patents; Patents on algorithms are still being granted (even when courts repeatedly reject these) and Red Hat's Chief Patent Counsel remains Manny Schecter, one of the loudest proponents of such patents (citing the likes of Adam Mossoff this week, in effect Koch operatives); this is a very big problem because Free software projects come under a barrage of lawsuits, using patents like those IBM lobbies ferociously to legitimise



  22. IRC Proceedings: Wednesday, February 12, 2020

    IRC logs for Wednesday, February 12, 2020



  23. Links 12/2/2020: KDE Neon 5.18, Tails 4.3 and WordPress 5.4 Beta

    Links for the day



  24. IRC Proceedings: Tuesday, February 11, 2020

    IRC logs for Tuesday, February 11, 2020



  25. Links 11/2/2020: New Firefox and KDE Plasma

    Links for the day



  26. Sometimes ILO-AT is Good for Nothing But Law Firms in or Around Switzerland

    ILO-AT’s latest judgements are out. But ILO — and by extension the UN — are still morally deficient and they give the impression that don’t care about people (or that ILO is in bed with the same businesses WIPO (UN) serves, i.e. no better than WB/IMF).



  27. The European Patent Office Continues to Violate the European Patent Convention (EPC) With Impunity While the European Commission Lets That Happen

    The European Commission (and Union) can be seen as increasingly complicit in the EPO's abuses; this means that the EPO has become a liability or source of accountability for the integrity of Europe as a bloc



  28. IRC Proceedings: Monday, February 10, 2020

    IRC logs for Monday, February 10, 2020



  29. EPO Staff Representatives to Challenge Ridiculous and Unnecessary Austerity Measures

    The EPO's President of Nepotism "is currently finalizing his “package” of financial measures in order to reduce an alleged coverage gap of 5.8 B€ following a heavily biased and flawed Financial Study," according to EPO staff representatives who have already demonstrated it's a fake crisis that distracts from the real crisis and profound corruption



  30. You're Almost Guaranteed to Lose the Argument When You Call People Who Plant Seeds 'Pirates'

    The EPO's patent maximalists are damaging the reputation of the institution and harm its perceived legitimacy (people are getting fed up instead of fed)


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