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

12.04.15

EurActiv’s Puff Piece for EPO (Amid High-Budget Media Blitz) Reveals Just How Clueless and Tactless the EPO’s President Really is

Posted in Apple, Deception, Europe, Patents at 6:40 am by Dr. Roy Schestowitz

EurActiv logoSummary: A bunch of EPO puff pieces served through the Web this week, and they don’t stand up to basic scrutiny based on facts

ALTHOUGH Wikipedia calls EurActiv “independent”, we oftentimes wonder why it promotes corporate interests and all sorts of villainous ‘trade’ deals. Over the years it has also been a platform for Microsoft lobbyists in Europe. In our humble assessment, there was always something dubious if not odious about EurActiv‘s agenda.

“In our humble assessment, there was always something dubious if not odious about EurActiv‘s agenda.”Yesterday we noticed this article (puff piece, EPO-sponsored?) from EurActiv, complete with softball questions for Battistelli, almost staged. Why not just make it a “guest post” of Battistelli, as if he was a journalist using this platform? Questions include loaded ones like: “Will the first unitary patents be granted in 2016?”

Well, UPC is not even a reality yet. Talk about jumping the gun…

The title of the piece is click-bait (probably for more hits/traffic) and a response to it has just been posted in IP Kat, saying:

Have you seen this?

Battistelli: Many Apple patents would not have been granted in Europe

In response to a question regarding “patent war” litigation between tech companies such as Samsung (a closer-contact-with-major-applicants-pilot-project member) and Apple (NOT a closer-contact-with-major-applicants-pilot-project member), Battistelli states that the reason this ‘patent war’ is “happening mainly in the US and not Europe” is “because there are many patents in the US granted to Apple which would have not been granted in Europe because we are more rigorous and more selective than in the US. In my [Battistelli's] view, this ‘patent war’ is largely due to dysfunction of the US system.”

What a remarkable statement!

Battistelli manages – in fewer than 50 words – to appear not only to defame Apple’s patent portfolio, but also manages to pooh-pooh the US system as “dysfunctional”!

I guess Battistelli doesn’t remember that the infamous “slide to unlock” patent (EP1964022) was granted by the EPO, and only later invalidated by the German Bundesgerichtshof…
(http://ipkitten.blogspot.fr/2015/09/apples-european-slide-to-unlock-patent.html)

He probably also doesn’t recall that the reason the Apple-Samsung ‘patent war’ is fought mainly in the US is because Apple and Samsung have agreed to end all patent lawsuits outside the US between themselves.

I wonder if Battistelli would be willing to identify individual Apple patents granted in the US that would-not-be or were-not granted in Europe?

How should Apple feel about such statements..?
How should Apple investors feel about such statements?

We too were surprised that Battistelli can pretend Apple is in no way abusive in Europe (we wrote a lot about it). Has he lived up a tree for the past 3-4 years? Is he willfully misleading or just misinformed? We don’t know what’s worse…

“The whole piece was basically constructed to be a megaphone for Battistelli and be some kind of positive “media presence” for the EPO.”The whole piece was basically constructed to be a megaphone for Battistelli and be some kind of positive “media presence” for the EPO. We kindly ask readers to recall that the EPO is 'planting' puff pieces in the media and spends obscene amounts of money doing so right now (newly-leaked contract), so we can only make guesses about EurActiv‘s motivations. We are seeing some other pro-UPC pieces right now, in lawyers’ Web sites (no mainstream reach though). One of them has just parroted the EPO: “According to a publication on the website of the European Patent Office (www.epo.org), significant progress has recently been made towards the unitary patent. The Select Committee, which was set up by the original 25 member states participating in the unitary patent, has agreed on the distribution of income generated by the payment of the uniform renewal fees to the European Patent Office (EPO).”

We don’t know what motivated the writers to just repeat the EPO’s claims. The EPO has a very poor record on accuracy and honesty. Remember what it told The Register earlier this week about freedom of the press. It was almost hilarious.

Meanwhile, the EPO-sponsored bloggers from IAM are shaming Germany into accepting the EPO’s ambition of making UPC a reality (more injunctions, damages, patent scope), but this does not exactly surprise us. We have come to expect this from IAM, which has written virtually nothing about EPO scandals (lies by omission). It mostly did ‘damage control’ for the EPO amid these scandals.

“The EPO has a very poor record on accuracy and honesty.”Looking at IP Kat for a moment, one new article speaks about a new topic and states that “The Technical Board wanted to know whether a notice of appeal that was filed after the time limit according to art. 108 EPC was to be deemed inadmissibleor not filed (note that this question is different from the one in G2/14, where the notice was filed timely, but the fee was paid late. G2/14 was terminated because the patent in question lapsed for non-payment of the annual fee).”

Another new article speaks about the big scandal regarding discriminatory treatment of applicants. “Merpel is also a bit annoyed,” she said, “because she has heard of European attorneys being asked about the new PACE provisions by applicants in Japan, who apparently heard it from visiting Examiners well before this announcement. Merpel is not against Examiners visiting applicants, but it is unhelpful to say the least to announce changes to users of the European patent system who require representation without representatives having been given the chance to inform themselves.”

Well, imagine what would happen if everyone applied for PACE. This whole system is a sham. It’s designed to eliminate patent neutrality while maintaining the illusion that it doesn’t.

Watch this new comment that says: “Not only letters to applicants are changed.

“Nowadays, Eponia is more concerned about generating, artificially, positive media coverage, not actually correcting its many ills.”“I was involved in a case where the division had decided to grant, and all members had signed. The director went to the second examiner and the chairman and stated that he did not agree, and that they should have consideration for their staff reports.

“He then went to the entrusted examiner and said that the grant would not go out and a refusal should be written.

“When the first examiner went to consult with the other two members they said that the director had already been to see them and please do the refusal (obviously in fear of reprisals).

“So what does the poor first examiner do? Write a refusal (keeping the original signed and dated grant, since Mr. Director was swiftly before pension and the examiner feared a rebuke from DG3 if the file would be appealed). Yes, strange happenings in EPONIA.”

Nowadays, Eponia is more concerned about generating, artificially, positive media coverage, not actually correcting its many ills. Do these people wonder why even politicians took an interest in this wasteful media manipulation?

The protest in Munich is going on right now. We hope to find some press coverage about it as early as Monday, if not in Sunday newspapers (Germany has several of those).

Colonel Battistelli must be feeling like there’s a dire need to brainwash his staff right now.

“Religion is what keeps the poor from murdering the rich.”

Napoleon Bonaparte

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Google Bookmarks
  • Ask
  • Digg
  • Mixx
  • Slashdot
  • StumbleUpon
  • Alltagz
  • BarraPunto
  • blinkbits
  • BlinkList
  • Bloglines
  • blogmarks
  • BlogMemes
  • Fark
  • Gwar
  • Klickts

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. Twist and Turn, Show Us Your Face

    A little poem about digital privacy



  2. The Race to the Bottom of Tech Rights

    Tech rights (not to be confused with Techrights the site) are going down the drain; people are made complicit using fear tactics, having been told a lot of lies about so-called contact-tracing borderline pseudoscience



  3. [Humour/Meme] OIN Wants Us to Make Peace With Software Patents

    The way things stand, OIN is really not interested in solving the patent problem the Free software way; rather, it's looking to impose its own way on the Free software community



  4. The Last Thing Open Invention Network (OIN) Needs Right Now is Public Association With a Patent Trolls' and Software Patents' Propaganda Site

    The Open Invention Network (OIN) seems to be choosing rather odd platforms; the above publisher, a judge-bashing software patents extremist, cannot possibly improve OIN's image (by association)



  5. The EPO's Misleading 'Studies' Are Just More of the Same Perception Management Routines

    EPO management pays sites to publish a bunch of EPO-controlled propaganda; and we've meanwhile noticed that almost everyone in the press team of the EPO has left (to be replaced by the President's confidant)



  6. Links 14/7/2020: More Laptop Models With GNU/Linux and WordPress 5.5 Beta 2 is Out

    Links for the day



  7. Microsoft Has Not Changed at All (Only the Shallow Marketing and Control of What's Left of the Media Has Changed)

    Microsoft wants everybody to come closer so that everybody can be crushed; the tactics are largely the same



  8. The Founder of Black Duck Still Works for Microsoft

    Black Duck‘s founder, Doug Levin from Microsoft, isn’t doing a terrific job hiding his real loyalties and ‘masters’



  9. IRC Proceedings: Monday, July 13, 2020

    IRC logs for Monday, July 13, 2020



  10. Links 14/7/2020: Claws Mail 3.17.6 and RSS Guard 3.7.0 Released

    Links for the day



  11. Microsoft Has Put the String “0xBIGBOOBS” Inside Linux (Kernel Driver for Microsoft's Windows-Only Proprietary Software, Formerly a GPL Violation); Reddit (Condé Nast) Bans You For Mentioning Such Things

    In this increasingly crazy atmosphere of mass sanctioning and permanent banning (removing everything or everyone that's perceived to be impolite) even "Linux" forums are banning people who point out Microsoft being a rogue corporation that's attacking GNU/Linux



  12. There's Apparently a New Boss (or Policy) at Red Hat/IBM

    The Fedora project doesn’t seem to care much about free speech, no matter one’s seniority in the project; as the person who relayed it to us has just put it, “they even eat their own.” (Longtime contributors) “He’s not a troll. He’s a contributor who rubbed some people the wrong way and now the banhammer is coming out. Fedora KDE was already collapsing and now it finally will.” (Note: Rex Dieter leads or led this project)



  13. There Cannot be Software Freedom Without Free Speech (Which is Nowadays Being Wrongly and Creatively Conflated With Racism)

    The time to speak out in favour of free speech is now; because the next phase typically involves removal (to be sold as "voluntary") of people whose political views are seen as professionally inadequate (recall what they did to Richard Stallman last September)



  14. [Humour/Meme] 'Offensive' Jokes

    Even humour itself is under attack now; people who cannot take/tolerate cartoons and banter are targeting the stand-up comedians, the cartoonists and so on



  15. The Media Does Not Like Talking About Linux (Which It Doesn't Understand Anyway). It Makes the News All About Linus.

    Just like back in May (or every other week) the news about Linux itself is being ignored and the subject is getting personified to make Linux seem rude and unruly



  16. Links 13/7/2020: Linux 5.8 RC5, Qt Creator Beta, Mexico Threatens GNU/Linux

    Links for the day



  17. [Humour/Meme] Embrace, Extend, and Curl

    The Curl project, a high-profile prisoner of GitHub, is again being 'embraced' by Microsoft (which already controls the project through GitHub)



  18. IRC Proceedings: Sunday, July 12, 2020

    IRC logs for Sunday, July 12, 2020



  19. [Humour/Meme] Half a Decade Has Passed and EPO Management Was Never Held Accountable for Illegal Surveillance

    A lot of people may no longer remember it, but the EPO can break privacy laws — as it still routinely does — with no consequences whatsoever



  20. Cleaning the Code

    War must go on; but it'll be more diverse and inclusive



  21. Why We Care About (Mis)Use of Language in Technology

    Software development communities are being divided over issues that would likely not tackle actual racism in any meaningful and profound way (just a symbolic way)



  22. Links 12/7/2020: KF6 Progress Report, GNUnet 0.13.1, Nano Becomes Default Terminal Text Editor in Fedora

    Links for the day



  23. They Always Worked for Microsoft (Directly and Indirectly) and Were Financially Rewarded for That

    Nat and Miguel, now put in charge of new weapons against software freedom (e.g. GitHub and NPM), have long worked for Microsoft (Nat was also an intern there); Techrights was right all along about this pair



  24. Red Hat Betrayed the Free Software Community With Its Software Patents' Stockpiling Drive and Then a Sale to the Biggest Software Patents Lobbyist

    In 2020 Red Hat is little but a shadow of IBM, whose patent policy continues to threaten software freedom and whose lobbying for software patents (under the guise of "HEY HI") persists uninterrupted; this growing problem oughtn't be unspeakable



  25. Politically Correct Tech

    This new video entitled “Politically Correct Tech” covers a topic we’ve spoken a great deal about



  26. [Humour/Meme] High on Production, Stoned on Pseudoscience

    All-time high ‘production’ levels at the European Patent Office (EPO) do not mean what they want people to think and what they try hard to hide



  27. Missing From EPO Management: Actual Scientists

    Political figures and opportunists with connections occupy top positions at top European agencies; this assures self-destructive policies that diminish progress and cushion corruption



  28. All Software Should Come With a Cheat Mode

    Cheat modes are useful for developers because they enable debugging, and are sometimes called "Debug mode"



  29. Linus Torvalds Checks If It's Still Inclusive Enough to 'Bash' Bad Technology (of the Company Whose TPM Pusher Has Just Successfully Pushed to Remove Many Words)

    In the age of endless control of language (e.g. large corporations pushing for "inclusive" language whilst earning billions from bombing of 'inferior' countries) we see that it is still possible to condemn corporations on technical grounds (at least if you’re Linus Torvalds)



  30. Even Before Microsoft Paid ('Joined') the Linux Foundation Jim Zemlin Had a Preference for Microsofters

    Even years before the Linux Foundation was receiving money from Microsoft it had a tendency to hire Microsoft’s people for key positions (a lot of people no longer remember that, but it’s still in the public record; it was Jim Zemlin who approached if not chased Mr. Ramji to offer him the job and the colleagues saw no problem with that)


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