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

12.01.15

EPO Staff Representatives Highlight to Pierre-Yves Le Borgn’ How Battistelli Deceived Him

Posted in Europe, Patents at 10:36 am by Dr. Roy Schestowitz

Pierre-Yves Le Borgn’
Photo via Wikipedia

Summary: Some of the latest material to and from French MP Le Borgn’, who is being informed by EPO staff representatives rather than lectured by Benoît Battistelli, with convenient references to Battistelli’s ‘media partner’ in France

ABOUT a week ago we wrote about the latest actions from Pierre-Yves Le Borgn’, who is genuinely concerned about the EPO scandals (he has been active in this area for a while). Some sources of ours try to frame it as political opportunism and partisanship, but whatever the motivations, the outcome would help not only French nationals. There are now some new developments as SUEPO sent new comments regarding the letter of the EPO’s President to Pierre-Yves Le Borgn’.

As SUEPO put it yesterday: “In an apparent effort to put a positive “spin” on his position, Mr Battistelli’s letter (translation in English) can at best be described as being economical with the truth. In an effort to put the record straight, SUEPO Central establishes in a paper the facts that will clearly refute a mere selection of his more amazing statements.” (see the remainder in the paper below)

“A new document was published on the blog of French MP Le Borgn’,” a reader told us. “It is a strongly worded point-by-point rebuttal by SUEPO to Battistelli’s letter, as well as a summary of his misdeeds.

“Hopefully an English translation will be coming on SUEPO’s web site,” this reader told us. This person definitely does not work at the EPO, but the world is watching and more people get involved over time. This morning I spoke with a journalist from the BBC, so expect coverage there too. Also see this new article from LabourNet Germany. English language articles too are being spread right now, in the biggest technology-centric British media (e.g. The Register last night).

Here are all the relevant documents journalists should be aware of:

The PDFs above are mirrored because of a history of EPO censorship against SUEPO's Web site. There is some English in these documents, as quoted below:

Comments on letter of President Battistelli to Pierre-Yves Le Borgn’ dated 20.11.2015

In an apparent effort to put a positive “spin” on his position, Mr Battistelli’s letter (translation in English) can at best be described as being economical with the truth. In an effort to put the record straight, we establish the facts that will clearly refute a mere selection of his more amazing statements.

Part 1: Allegations of harassment amongst staff representatives

The second paragraph is a key part of the letter, wherein it mentions six resignations from the staff representation. One particular case in The Hague is attributed to a “campaign of harassment”. It is later implied that all elected staff representatives who either were not SUEPO members or who express opinions contrary to the union have left the staff representation. In the context of a response to Mr Le Borgn’s reaction to the news of the suspension of three staff representatives in Munich, the President seems to suggest that these “facts” alone justify all the suspensions.

The truth is:

1. Of the three suspended staff representatives, two are accused of an alleged misconduct that is totally unrelated either to resignations in the staff representation, or to harassment of staff representatives.

Evidence: first pages of the reports setting out the reasons for the disciplinary procedures against two of the three suspended colleagues.

2. The initial accusation of harassment raised against the third staff representative who has been suspended has not been maintained in the disciplinary procedure. The same elected official is now accused of allegedly harassing other colleagues, this time in Munich. Yet none of these purportedly “harassed” colleagues has actually filed an individual complaint.

Evidence: first page of the report setting out the reasons for the disciplinary procedures against the third suspended colleague

3. Two colleagues elected since the introduction of Social Democracy to the local staff committee in Munich have resigned. These colleagues were both “SUEPO candidates” who resigned primarily or exclusively because they received threatening letters sent by the President and/or Ms Bergot. Moreover, two other colleagues in Munich who were not “SUEPO candidates” are still active, i.e. they have not resigned. There is a similar situation in The Hague. In other words, there is no simple one-to-one correlation between being “SUEPO candidates” or not and these resignations, as is suggested by Mr Battistelli.

Evidence: The colleagues who resigned from the Staff Representation are all in a position to confirm this.

4. It is important to note that apparently none of the alleged victims has filed an individual complaint. The investigation into the alleged harassment by one colleague which was later expanded to embrace other staff representatives seems to be solely based upon a complaint filed by Ms Bergot, Principal Director HR. Even if acting on the harassed party’s behalf, Ms Bergot has a rather blatant conflict of interest.

Evidence: first page of the report of Control Risks on the third colleague.

Conclusions:

a) The second paragraph of Mr Battistelli’s letter grossly misrepresents the basic facts and may lead the reader to draw the wrong conclusions.

b) The accusations against all three suspended staff representatives are both vexatious and absurd:

  • A public comment on the allegations that form the basis of the cases against two of the three suspended staff representatives, ridiculing the Office, can be found here: http://ipkitten.blogspot.de/2015/10/epo-bids-to-save-litigating-employees.html
  • Public comments on the specific case against the third colleague can be found here: http://ipkitten.blogspot.de/2015/10/when-harassment-gains-new-meaning-epo.html
  • Public comments on the suspensions in general can be found here: http://ipkitten.blogspot.de/2015/11/eponia-land-of-suspense-and-suspensions.html

Note that IPKat blog, although often humorous, is a highly respected and influential, independent IP blog, see https://en.wikipedia.org/wiki/IPKat

Part 2: Allegations against the suspended member of the Boards of Appeal

Paragraph 3 on the second page simply repeats allegations against the suspended Boards of Appeal member that were apparently raised by the Investigative Unit. Amongst these are “storing weapons and Nazi propaganda”.

Even should such allegations eventually be found to be true, then the President of the EPO’s action publicly commenting on a pending procedure would represent:

(a) a serious breach of confidentiality,
(b) an offense against the presumption of innocence,
(c) an unacceptable interference with an on-going procedure,
(d) and a potential case of him defaming our suspended colleague

The President should, however, have known that the Enlarged Board of Appeal had already dismissed the case because the accusations were too generic and unsupported by a detailed correlation to any evidence available that would allow the accused to defend himself adequately and have allowed the EBoA to assess the case in accordance with proper judicial standards.

Evidence: Decision of the Enlarged Board of Appeal of 17 Sept. 2015 (the reasoning of which was only published recently), pages 24, 25 and 33.

Conclusions:

a) Under such circumstances, it is incomprehensible that the President of the EPO continues to publicly accuse the suspended Board member in such an outrageous and misleading manner.

b) As always, the comments of IPKat on this topic are worth reading: http://ipkitten.blogspot.de/2015/11/why-enlarged-board-rejected-ac-in.html

Part 3: Remaining parts of the letter

The remaining parts of the letter are of a comparable level. What is particularly striking is the contrast between the noble principles and intentions expressed by Mr Battistelli and the reality.

The question arises as to why Mr Battistelli insists on making statements that are so readily refuted: whether it proves to be deliberate or just defiant, only time will tell.

It is worth noting that for ‘evidence’ (in the original letter), Battistelli cited his own ‘media partner’, Les Échos [1, 2, 3, 4]. There is a huge budget for this kind of propaganda right now. The management of the EPO wages a war on truth itself. It’s a losing battle, but there will be victims, including — potentially — casualties of suicide.

See below for more context. That’s Pierre-Yves Le Borgn’ speaking in French about the EPO.

Translation of the video below can be found here.

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. Links 22/1/2020: Wayland 1.18 Alpha, ODF 1.3 Approved

    Links for the day



  2. IRC Proceedings: Tuesday, January 21, 2020

    IRC logs for Tuesday, January 21, 2020



  3. Poor Excuses for Granting Poor (and Often Illegal/Invalid) Patents

    A quick look at some of the latest examples of software patents advocacy (not by actual software professionals, obviously) and why it's deeply misguided (or guided solely by greedy law firms)



  4. A Simple Plan For a Universal Free Software Community

    "For software to be free as in freedom, we need more people to care personally about software freedom."



  5. Links 21/1/2020: Wine 5.0 and Red Hat Enterprise Linux 8.2 Beta

    Links for the day



  6. Startpage/System1 Almost Definitely Pay for People to Lie About Their Surveillance

    A longterm investigation suggests that there are forces in the debate that aren't objective and are being super evasive and dodgy; this typically happens only when somebody has much to hide



  7. The Internet is an Appalling Medium for News and It Has Only Gotten Worse

    Something ought to change in the way people gather and assess news; at the moment — as proper journalism runs out of steam (and budget) — things only deteriorate and quality suffers; this rapidly exacerbates as people come to rely on — and then relay — hearsay, not fact-checked bodies of work



  8. Media Reactions to the EPO Coming to Grips With Fake Patents That It Granted (Spoiler: the Media is Controlled by Lawyers of Monopolists and EPO Partners)

    Appalling quality of reporting and truly awful bias in the media, primarily owing to the fact that it is dominated/manned not by actual reporters but the firms looking to patent life itself; they use their lawyers and operatives who are literally funded by these lawyers (wearing "journalist" badges to mislead)



  9. Links 21/1/2020: EarlyOOM Fedora Decision and AMD Zen 3 Microcode

    Links for the day



  10. IRC Proceedings: Monday, January 20, 2020

    IRC logs for Monday, January 20, 2020



  11. Links 20/1/2020: MNT Reform, Linux 5.5 RC7, KMyMoney 5.0.8

    Links for the day



  12. Mansion of Pedophilia – Addendum: Accessing and Assessing Court Documents

    How anyone out there can do the job the media failed to do (after an apparently unprecedented arrest at the home of Bill Gates)



  13. Mansion of Pedophilia – Addendum: Progress on Police Request

    9 updates from the police department of Seattle but still nothing material/concrete, only promises and major delays



  14. IRC Proceedings: Sunday, January 19, 2020

    IRC logs for Sunday, January 19, 2020



  15. Mansion of Pedophilia – Part VIII: More Than 4 Months of Waiting for Police Department to Send Over the Files They Claim to Have an Issue Opening

    The police department (PD) of Seattle is unable to open its own files about arrest for pedophilia at Bill Gates' home; it has been unable to open these files for several months, it claims...



  16. Starting a GNU Replacement for GitHub, Possibly Based on GitLab

    "It might be easier if we start from the GitLab software," Stallman said



  17. European Commission Pushes for Even Greater Patent Maximalism Instead of Rationality, Patent Zealots' Site Cherry-Picks China as Whipping Boy

    Fear of China is being leveraged to promote an agenda of patent maximalists; the general idea they promote is that granting millions of low-quality patents is the only way to compete, even if in reality that merely handicaps the whole market



  18. CRISPR Patents Disallowed, But Where Are the Journalists?

    The narrative surrounding last week's decision against CRISPR patents may have been virtually monopolised by the litigation think tanks and law firms; it certainly feels like no journalism is left to rebut them, fact-check, and introspect



  19. Links 19/1/2020: Wine 5.0 RC6, Alpine 3.11.3

    Links for the day



  20. Judges Reject EPO Patents on Life as Constitutional Complaints Against the EPO Pile Up in Germany

    EPO judges throw out patents on life (CRISPR at least); there's now growing hope that they'll have the courage to do the same to patents on software



  21. IRC Proceedings: Saturday, January 18, 2020

    IRC logs for Saturday, January 18, 2020



  22. StartPage (System1) Found New Spin Allies. Some Have Been Offered StartPage Jobs. Some Might Already be Working for StartPage in Secret.

    Pro-StartPage voices appear to be paid (or have been promised pay) by StartPage; the key strategy of StartPage seems to be, attack and betray people's privacy while paying people in particular positions to pretend otherwise



  23. IRC Proceedings: Friday, January 17, 2020

    IRC logs for Friday, January 17, 2020



  24. Links 18/1/2020: Mir 1.7 and GNU Guile 3.0.0

    Links for the day



  25. IRC Proceedings: Thursday, January 16, 2020

    IRC logs for Thursday, January 16, 2020



  26. Links 16/1/2020: Mozilla Layoffs, PinePhone Braveheart Shipping, KDE Plasma 5.18 LTS Reaches Beta

    Links for the day



  27. Microsoft is a Market Leader in Lying and Corruption

    Microsoft is working hard to describe itself as the exact opposite of what it is and what it has been; ‘Internet rot’ helps a lot with this agenda, not to mention control of the media (the narrative)



  28. The European Patent Organisation Continues to 'Piss All Over' Separation of Powers

    The EPO continues to scatter invalid patents (IPs) that are European Patents (EPs) all over Europe and nobody can stop this, not even the judges of the EPO because they lack independence (by their very own admission)



  29. Zealots of Team UPC (Patent Litigation) Now Attacking the Courts and the Judges, Removing Their Mask on the Face of Things...

    The tactics of Team UPC aren't changing, only the shamelessness associated with these tactics is changing (because it looks like the end of days to them)



  30. Microsoft Now Uses or Leverages Software Freedom Against Free Software

    A reader's explanation of what Microsoft is trying to accomplish with its so-called 'embrace' and what steps will come next (how they manifest themselves)


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