Bonum Certa Men Certa

Source: EPO's Administrative Council Not Pursuing Battistelli's Witch-hunt Against a Judge Anymore

Killing the messenger?

Killing the messenger
When the system which protects its own power deals with those who report abuses as the cause of all problems and the sole instance of abuse



Summary: The efforts to undermine communication of internal issues inside the EPO are no longer assisted by the Administrative Council, unlike several months ago

THE Administrative Council of the Organisation is finally growing a pair. It is willing to say "No" to Battistelli, so it's not just the Enlarged Board of Appeal saying "No" to the Administrative Council after the Council had said "Yes" to Battistelli. It's an important sign of progress which may also mean that the suspended judge has his job secured (at least until cutoff/nomination stage). After all, allegedly blowing the whistle on abuses by Team Battistelli shouldn't be a crime, should it? Based on what we know about the story (which is quite a lot), the judge is likely a whistleblower. This is why Battistelli and his inner circle felt so afraid, even intimidated. Knowledge or information is a great danger to them.



As pointed out this morning, the latest rumour is that Battistelli might be on his way out and only the details are up for (private) negotiation at this stage or at some later stage (some say in a March meeting). We hear several different stories from different people, but rarely do these stories contradict one another, so while no single story is necessarily 100% accurate, the truth is probably somewhere in the middle. These rumours don't come from a vacuum and it's possible for Battistelli to try hard to change course of action to 'prove' (by intervention) the rumours 'wrong', though not totally unsubstantiated at the time they were spread.

“Presumably, since the President's immunity as recited in A.13, Protocol on Privileges and Immunities, refers to privileges accorded to diplomatic agents, he is not subject to immunity in his home country and so the innocent judge could sue him there for defamation.”
      --Anonymous
According to this new comment: "At the protest held this Wednesday in Munich, it was announced that the Administrative Counsel [sic] had recently withdrawn its second request to the Enlarged Board of Appeal that a patent judge be dismissed. The AC seems to have finally understood that the accusations brought forward by the President and his minions were unsubstantiated, as had been ruled by the EBA in relation the first request, and that it had been manipulated by the President. Not good for him."

Another person later chimed in with: "I'm sceptical about words like "announced" and "withdrawn" but, if there is substance to this, it could be the moment (had to discern) when the tide turns. But as we all know, if the tide has actually turned, what a momentous event that can be."

Some believe that the judge might later wish to pursue defamation claims against Battistelli et al, in particular because of October's attacks through German and Dutch media, including Süddeutsche Zeitung with its baseless personal attack.

"This time around it might be Battistelli and Željko Topić -- not Croatian journalists -- who need to issue a public apology.""Presumably," said this person, "since the President's immunity as recited in A.13, Protocol on Privileges and Immunities, refers to privileges accorded to diplomatic agents, he is not subject to immunity in his home country and so the innocent judge could sue him there for defamation."

Another person clarifies that "the EBA's [Enlarged Board of Appeal] response to the first request. They didn't make a decision either way about the accusations. They just ruled that the request was inadmissible, because there was no proper statement of case setting out the grounds. This says nothing about the guilt or innocence of the accused board member, but it does say something about the competence of those making the request."

One way or another, one day the public may find out the truth. This time around it might be Battistelli and Željko Topić -- not Croatian journalists -- who need to issue a public apology.

Recent Techrights' Posts

Twitter as X-Rated Hatred: Criticising Microsoft is Not OK, Calling for Beheadings (With Bounties on People's Heads) is OK
Twitter automation missed 'hit job' advertising
Balancing Activism Against (or With) Basic Necessities and Daniel Cantarín on Our Collective Battle for Software Freedom Around the World
"I'm VERY angry about lots of stuff happening here in Argentina, all of it shielded behind the word "freedom"."
 
Links 16/08/2024: YouTube Bans and Surveillance Expanded
Links for the day
We Were Right All Along and the Collaborators of Microsoft Helped Competition Crimes of Microsoft
Once again vindicated regarding UEFI "secure boot"
[Meme] The New Windows Slogan
stat me up
Addendum: Associate's Notes on Free Software as a Labour Issue and the Connectivity Swindles
these are related issues/causes
Microsofters Infiltrating Roles of Authority and Government Positions to Protect Microsoft and to FUD Microsoft's Competition
friends of Microsofters who bully me and my wife
Links 16/08/2024: UK Skills Deficit and Kim Dotcom to be Extradited to the US (for Doing the Same Stuff GAFAM Does)
Links for the day
Gemini Links 16/08/2024: Overgeneralisation and Games
Links for the day
Russia's Yandex 5 Times Bigger Than Microsoft... in Ukraine
They'd rather rely on the Kremlin than on Microsoft
[Meme] Gemini is Different, So What?
different, not worse
Now It's "Official": Over 4,000 Known Gemini Capsules in Lupa
For the first time ever
Clown Computing
Reprinted with permission from Dr. Andy Farnell
[Meme] What Freedom Means to IBM
Free labou
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 15, 2024
IRC logs for Thursday, August 15, 2024
From 99% in 2012 to 27% in 2024: How Microsoft Lost Georgia
What we're seeing is a migration from Windows to other platforms, notably GNU/Linux
To Understand Cisco's Mass Layoffs Look at the Company's Soaring Debt (Same at Microsoft)
Look what's happening to Intel - down almost 60% since the start of the year, 57% to be precise
Windows Flying Low at 25%
It's another all-time low
[Meme] Long Texts You Never Bother Reading (Because Life is Too Short, Unlike Those Texts)
The devil is in the terms of service
Links 15/08/2024: Monkeypox Hysteria and Modern Homesteaders Living Off the Grid
Links for the day
Gemini Links 15/08/2024: Confession of a Convention Game Master and Some Release nostalgia
Links for the day
Congratulations to Romania, Where Windows is Now "Minority Market Share" Platform
Time will tell if GNU/Linux can pass 5% on the desktop/laptop "form factor" there
Why It Matters That 4,000 Gemini Capsules Are Known to Lupa and Why Gemini Protocol Matters to Us
I have no doubt Gemini Protocol will continue to expand because it solves a real problem
Links 15/08/2024: Avast Surveillance Scandal Unsolved and Facebook Still Censors Terror Sympathisers
Links for the day
Daniel Cantarín's Response to Alexandre Oliva's Talk on Achieving Software Freedom in the Age of Platform Decay
Soylent News caught up with the series
4,000 Gemini Capsules
it's basically one capsule short of 4,000
"Microsoft is a Sponsor of The New Stack."
Many articles turn out to be just ads
New Highs for Android in Russia, But It's Reportedly Working on Its Own Linux-Based Operating Systems (GAFAM-Free)
statCounter isn't equipped to properly parse user agents or to keep up
Upcoming Series: Terms of Service (TOS) Under the Microscope, FSF Party, GitHub Scandals, Clowns, and More
Right now we have way more material than we have time to cover. But that's a good thing.
Gemini Links 15/08/2024: Lies of Therapy and Web Applications
Links for the day
Software Freedom in Perspective - Part 5 - When Richard Stallman Came to Argentina
It might seem a bit harsh, but a discussion at the end of this series will tie things together and explain why those things were said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 14, 2024
IRC logs for Wednesday, August 14, 2024
Russia develops an alternative to Android and iOS | News.az
Russia already has several of its own operating systems
Links 14/08/2024: Ecology and War Inside Russia
Links for the day
Daniel Pocock - Use of Technology in European Parliament Election Campaign (Public Talk)
It starts in 4 hours
Android About to Fly Past Windows in Portugal
Perhaps by month's end or next month Portugal will be orange (Android majority)
How OpenAI Will Decrease the Losses
You have no losses when you have no users left
Giving Control to Microsoft is Always a Dire, Huge Mistake
Microsoft is known for buying things and sabotaging things, not for creating things
Founders That Sell Their Company to Microsoft Speak Out
"Microsoft's closure of Arkane Austin in May was one of the more shocking events of the past couple of years"
In Chile, Microsoft's Web Browser (a Chrome Copycat) Fell to 3.6%, About the Same as Firefox and Opera and Less Than Safari, Yandex Browser, Google Chrome
It does not look like Chileans fancy Microsoft's browser. They go out of their way to use something else, even on Windows.
Software Freedom in Perspective - Part 4 - Daniel on Linux-based Mobile Platforms in LATAM (Latin America)
GNU, Linux, and mobile
Almost Nothing of Invidious Left Online (YouTube is Attacking Gateways)
what it looks like at this very moment
Gemini Links 14/08/2024: Funeral for an E-reader and a Mother Wants a Laptop
Links for the day
Links 14/08/2024: 8 Years of GDPR and Ridicule of "Hey Hi" (AI) Hype
Links for the day
This is How You Give Microsoft More Control Over LibreOffice Both as Software and as a Project
Didn't the Document Foundation learn from prior Microsoft Store scandals connected to LibreOffice?
"Heroes of Fedora" Are Just Salaried Employees of IBM (But "Community" is Just Sounding a Lot Nicer)
A real community would not allow IBM a majority
YouTube Has Thrown Free Software Users Into a Crisis
For many Free software users, who rely on Invidious, YouTube is nearly dead already
[Meme] "New Chapter in the FSF."
We expect to have some coverage from this week's event
There is No I in "GAFAM" and Soon There Won't be I At All (Like Novell Vanished, Not Overnight, as It Took Over a Decade)
Intel is going through the biggest crisis in its entire history
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 13, 2024
IRC logs for Tuesday, August 13, 2024
It's a "sm0l" World and It Won't Outsource to the Pentagon Anymore
As many people aren't interested in a new PC - or simply cannot afford one - we can expect leaner operating systems to gain further
Software Freedom in Perspective - Part 3 - GNU/Linux in Argentinian Desktops/Laptops
Daniel explains why many years ago many PCs shipped with GNU/Linux and that there was an economic reason for it. At least in Argentina.
Tivoisation and Decommodification in Clown Computing
Some firms or organisations lost sight of what "servers" or "hosting" even mean
The News Vacuum
The problem is worse than just an absence of reporting
x86 Lowered the Standards of Hardware Products
A lot of it is just hacks and cheats that help fake performance