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

03.04.16

Why the Letter in Support of Battistelli is Worse Than a Lie and Should be Thrown to the Wastebasket by the Organisation’s Administrative Council

Posted in Europe, Patents, Rumour at 10:24 am by Dr. Roy Schestowitz

A replacement to Battistelli should be chosen before the damage becomes irreparable

Christoph Ernst, EPOSummary: The letter in ‘support’ of Battistelli is not a genuine letter of support, the imminent strike is under attack (more so after the FFPE-EPO MoU), and new rumours about Battistelli’s successor are beginning to circulate (Christoph Ernst, on the left)

THERE is no denying that the EPO (both the Office and the Organisation) are in a state of crisis, but a lot of it can be resolved if the Organisation removes Team Battistelli from the Office. The folly has gone way too far and it’s time to undo the coup. The EPO (Organisation) needs to start afresh and acknowledge this past failure to the world, including to stakeholders whose money keeps the EPO alive.

Christina Schulze wrote yet another strongly-worded article about Benoît Battistelli over at Juve (translations would be more than welcome) while other German (or Austrian) media did something similar this week, with few exceptions*. Thankfully, despite all the propaganda (notably unions and results), the press stays focused on the real stories, not the distractions from FTI Consulting (peripheral PR reinforcement) and the EPO's in-house PR team that habitually resorts to lying.

“The folly has gone way too far and it’s time to undo the coup.”Some talking points, other than the unions and results, say that Battistelli magically won back the support of the Council. This is a lie.

“What PD Roberta Romano G is up to,” according to our source, is no good. According to information that we privately received, “PD Roberta Romano-Götsch abuses her position as principal director to “volunteer” subordinates to sign the letter in support of Battistelli. Dozens have been intimidated into signing the letter. Collecting signatures under duress is a scandal in an international organization that should lead by example. My prayer to the AC: deliver us from Battistelli!”

“Thankfully, despite all the propaganda (notably unions and results), the press stays focused on the real stories, not the distractions from FTI Consulting (peripheral PR reinforcement) and the EPO’s in-house PR team that habitually resorts to lying.”Reading between the lines and looking deeper inside documents, we have learned that Battistelli gets Minnoye’s help in this crisis. This isn’t too shocking given Minnoye's epic television appearance. “These event triggered several reactions from the Office management,” we heard. “First, between Thursday 18.02 to 23.02, the President and in first instance the VP of DG1, Mr. Minnoye started a call to all managers to stand behind them as one man by signing a petition at the attention of the AC. As far as we are informed the signature reaction is, at best, sluggish. In the majority of the Office, the managers seem to be unwilling to sign the call. Secondly on Friday 19, the head of HR (PD 4.3) invited all elected Staff Committee members (central and local) to a meeting on Wednesday 25.”

This is very much indicative of a disaster.

“Some talking points, other than the unions and results, say that Battistelli magically won back the support of the Council. This is a lie.”There is a strike coming (Battistelli keeps spinning this in the media by saying there were no strikes last year) and Team Battistelli is trying quite aggressively to prevent the strike from happening (see these documents which we published last night — mentioned before, now available as text). It may seem expected, but such moves mostly serve to alienate the staff and motivate stronger action against the management which strives to prevent basis rights, such as the right to strike.

Someone has leaked to us a CSC (Central Staff Committee) document which we present below without comment:

Information on the call for strike “Lawfulness at the EPO”

As a reaction to the recent disciplinary procedures and resulting decisions of the President to dismiss two elected Staff Representatives and to severely downgrade a third, a call for strike was formally initiated mid-January across the Office. The petitioners mandated an external lawyer to act on their behalf as their interlocutor, but the Office refused to accept this nomination, although they did not provide any legal basis for this. The lawyer therefore proposed to delegate his mandate to the CSC for all further action with regard to any upcoming procedural steps foreseen by the EPO administration. The CSC has informed the Administration that we agreed to act as interlocutor for the strike petitioners.

In a meeting on 24 February, the Staff Representation met the Administration, headed by PD 4.3, to discuss the claims raised in the call for strike. Coincidentally and in parallel to this channel, similar requests to the ones raised by the strike petitioners have been made by the Board 28.

Results of the exchange of views

a. Immediate suspension of the disciplinary measures

The administration merely referred to the option for the disciplined colleagues to file requests for review of the decisions and, if necessary, ultimately address their cases to the ILOAT. They showed no intention to quickly deescalate the current, tense situation by suspending these measures straightaway.

b. Independent review of the disciplinary cases

The Administration asserted to be in full compliance with Office rules and therefore saw no need to comply with this request.

c. Revocation of recent changes to Service Regulations

The Administration – without any substantial discussion on any of the listed reforms – claimed that a social study was underway which would identify defects and deficiencies which could then be worked in collaboration with all stakeholders. Apparently, revocation of any of the reforms is not an option.

d. Use of a Mediator to facilitate negotiations between the management and staff representatives

The Administration commented that “Mediation is a waste of time” and saw no need to engage any external support to resolve the current deadlock.

Conclusion

No meaningful progress has been made during this meeting with regards to the requests as set out in the call for strike. Therefore, a strike ballot will take place on 8 March 2016.

“For the strike ballot” we learned, “the CSC nominated two staff members to overview the process. On the background of key-loggers and other recent past events, the confidentiality of the vote cannot be guaranteed at this stage. The Administration declared that if the turn out was low, this was simply a “sign of lack of support” for the claims.”

“It may seem expected, but such moves mostly serve to alienate the staff and motivate stronger action against the management which strives to prevent basis rights, such as the right to strike. “So there is pressure to vote, not boycott the vote and go on strike in spite of it. This is union-busting again.

“It was declared that the administration saw no necessity,” we learned, “and had no me to run a paper ballot. And again, the SR took note that the simple administrative request made by the CSC to make sure the exercise was meaningful was turned down by the administration. As a general conclusion, the SR assembled expressed their disappointment that the attempt to find common ground had failed and that the organisation of the strike ballot should proceed.”

“This is union-busting again.”Any outsider can see what Battistelli thinks not only of unions but also of democracy. No wonder he's with Sarkozy. Although it may be too early to say anything about Battistelli’s expected departure (whether by resignation of by sacking), one reader pointed to this article and said that “the last passage of the article is the most interesting: ‘Tatsächlich kursiert bereits der Name eines möglichen Nachfolgers an der Amtsspitze, der des deutschen Verwaltungsratsmitglieds Christoph Ernst aus dem Bundesjustizministerium. Battistelli selbst, so ist zu hören, soll das für ausgeschlossen halten. Er sei allerbester Laune, heißt es.’”

“It says that there are already rumours about the next president who’s supposed to be the German representative Christoph Ernst from the federal ministry of justice,” we were told. “This is new rumour and if we add this article to the BR programme one can imagine that there are some forces behind. It is rumoured that there are already 22 delegations in favour of ousting Battistelli. All will be decided probably soon.

“Any outsider can see what Battistelli thinks not only of unions but also of democracy.”“One could say: The sooner the better (for everybody). The longer the thing drags on, the angrier the delegations will be and Battistelli’s conditions will get worse.”

Based on the EPO’s own site, Christoph Ernst was “elected chairman of the Budget and Finance Committee” less than a year ago (epo.org link), so presumably he knows Battistelli’s real salary. Mr. Kongstad knows it too.
______
* At least one English language paper is writing about Austria and repeats the EPO's latest propaganda (ignoring the real story), plus the German-speaking Austrian press, in addition to few other publications that we cited here before, the latest being the Financial Times (London).

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

2 Comments

  1. katkatkat said,

    March 5, 2016 at 12:47 am

    Gravatar

    Here the pathetic response of the Office on the broadcast by Bavarian TV

    “Last Wednesday (2 March), the Bayerisches Fernsehen aired a report about the Office. Like many colleagues, we are shocked by the content and tone of the broadcast and deeply regret to have the EPO portrayed in such an erroneous way.

    The report produces a number of false information presented to evoke distrust and to damage the EPO’s image. The EPO strongly contests the statements made in the report.

    We have received many reactions from staff deploring this broadcast and showing themselves concerned by the possible consequences of such a report both internally as well as on the external reputation of the Office, which the management fully shares.

    The Office is considering all appropriate steps in this respect.”

    The public is shocked about the horrible state of things atf the EPO under the regime of BB & Co. for the persistent disrespect of human rights and rules of law.
    The report was perfectly correct and well balanced.
    The appropriate steps to be undertaken by the EPOrg is the sacking of BB & and all his complices. The sooner, the better.

    Dr. Roy Schestowitz Reply:

    Thanks for that. Someone else sent this text to me. It seems like EPO staff is anything but impressed by this “considering all appropriate steps in this respect” threat (?).

What Else is New


  1. Inverting Narratives: IAM 'Magazine' Paints Massive Patent Bully Microsoft (Preying on the Weak) as a Defender of the Powerless

    Selective coverage and deliberate misinterpretation of Microsoft's tactics (patent settlement under threat, disguised as "pre-installation of some of the US company’s software products") as seen in IAM almost every week these days



  2. The Sickness of the EPO – Part I: Motivation for New Series of Articles

    An introduction or prelude to a long series of upcoming posts, whose purpose is to show governance by coercion, pressure, retribution and tribalism rather than professional relationship between human beings at the European Patent Office (EPO)



  3. Insensitivity at the EPO’s Management – Part VII: EPO Hypocrisy on Cancer and Lack of Feedback to and From ECPC

    The European Cancer Patient Coalition (ECPC), which calls itself "the largest European cancer patients' umbrella organisation," fails to fulfill its duties, says a source of ours, and the EPO makes things even worse



  4. Links 21/2/2017: KDE Plasma 5.9.2 in Chakra GNU/Linux, pfSense 2.3.3

    Links for the day



  5. EPO Caricature: Battistelli's Wall

    Battistelli's solution to everything at the EPO is exclusion and barriers



  6. The 'New' Microsoft is Still Acting Like a Dangerous Cult in an Effort to Hijack and/or Undermine All Free/Open Source Software

    In an effort to combat any large deployment of non-Microsoft software, the company goes personal and attempts to overthrow even management that is not receptive to Microsoft's agenda



  7. PTAB Petitioned to Help Against Patent Troll InfoGation Corp., Which Goes After Linux/Android OEMs in China

    A new example of software patents against Free software, or trolls against companies that are distributing freedom-respecting software from a country where these patents are not even potent (they don't exist there)



  8. Links 20/2/2017: Linux 4.10, LineageOS Milestone

    Links for the day



  9. No, Doing Mathematical Operations on a Processor Does Not Make Algorithms Patent-Eligible

    Old and familiar tricks -- a method for tricking examiners into the idea that algorithms are actual machines -- are being peddled by Watchtroll again



  10. Paid-for UPC Proponent, IAM 'Magazine', Debunked on UPC Again

    The impact of the corrupted (by EPO money) media goes further than one might expect and even 'borrows' out-of-date news in order to promote the UPC



  11. Lack of Justice in and Around the EPO Drawing Scrutiny

    The status of the EPO as an entity above the law (in Germany, the Netherlands, Switzerland and so on) is becoming the subject of press reports and staff is leaving in large numbers



  12. Links 19/2/2017: GParted 0.28.1, LibreOffice Donations Record

    Links for the day



  13. The EPO is Becoming an Embarrassment to Europe and a Growing Threat to the European Union

    The increasingly pathetic moves by Battistelli and the ever-declining image/status of the EPO (only 0% of polled stakeholders approve Battistelli's management) is causing damage to the reputation of the European Union, even if the EPO is not a European Union organ but an international one



  14. Patent Misconceptions Promoted by the Patent Meta-Industry

    Cherry-picking one's way into the perception of patent eligibility for software and the misguided belief that without patents there will be no innovation



  15. As the United States Shuts Its Door on Low-Quality Patents the Patent Trolls Move to Asia

    Disintegration of Intellectual Ventures (further shrinkage after losing software patents at CAFC), China's massive patent bubble, and Singapore's implicit invitation/facilitation of patent trolls (bubble economy)



  16. Links 17/2/2017: Wine 2.2, New Ubuntu LTS

    Links for the day



  17. Bad Advice From Mintz Levin and Bejin Bieneman PLC Would Have People Believe That Software Patents Are Still Worth Pursuing

    The latest examples of misleading articles which, in spite of the avalanche of software patents in the United States, continue to promote these



  18. Patents Are Not Property, They Are a Monopoly, and They Are Not Owned But Temporarily Granted

    Patent maximalism and distortion of concepts associated with patents tackled again, for terminology is being hijacked by those who turned patents into their "milking cows"



  19. SoftBank Group, New Owner of ARM, Could Potentially Become (in Part) a Patent Troll or an Aggressor Like Qualcomm

    SoftBank grabbed headlines (in the West at least) when it bought ARM, but will it soon grab headlines for going after practicing companies using a bunch of patents that it got from Inventergy, ARM, and beyond?



  20. Technicolor, Having Turned Into a Patent Troll, Attacks Android/Tizen/Linux With Patents in Europe

    Technicolor, which a lot of the media portrayed as a patent troll in previous years (especially after it had sued Apple, HTC and Samsung), is now taking action against Samsung in Europe (Paris, Dusseldorf and Mannheim)



  21. Michelle Lee is Still “in Charge” of the US Patent System

    Contrary to a malicious whispering campaign against Lee (a coup attempt, courtesy of patent maximalists who make a living from mass litigation), she is still in charge of the USPTO



  22. Our Assessment: EPO Wants a Lot of Low-Quality Patents and Low-Paid Staff With UPC (Prosecution Galore)

    The European Patent Office seems to be less interested in examination and more interested in facilitating overzealous prosecution all across Europe and beyond; The Administrative Council has shown no signs that it is interested in profound changes, except those proposed by Battistelli in the face of growing resistance from staff and from ordinary stakeholders



  23. Links 16/2/2017: HITMAN for GNU/Linux, Go 1.8

    Links for the day



  24. Yet More Complaints About the European Patent Office in the Bavarian Regional Government

    Some German politicians do care about the welfare of EPO staff, a lot more so than the EPO's management that is actively crushing this staff



  25. EPO Staff Representatives to Escalate Complaint About Severe Injustices to the EPO's Secretive Board 28

    In a new letter to President Benoît Battistelli it is made abundantly apparent -- however politely -- that Battistelli's gross abuses could further complicate things for Battistelli, who is already embroiled in a fight with his predecessor, Roland Grossenbacher



  26. New Survey Reveals That High Patent Quality, or Elimination of Bad Patents, is Desirable to Patent Holders

    A new survey from Bloomberg BNA and AIPLA reveals that the Patent Trial and Appeal Board (PTAB), which still grows in prominence, is supported by people who have themselves gotten patents (not those who are in the bureaucracy of patents and self-serving politics)



  27. Open Patent Office is Not the Solution; Ending Software Patents is the Solution

    Our remarks about the goals and methods of the newly-established Open Patent Office and what is instead needed in order to combat the menace that threatens software development



  28. New Scholarly Paper Says “UK’s Withdrawal From the EU Could Mean That the Entire (Unitary Patent) System Will Not Go Into Effect”

    A paper from academics -- not from the patent microcosm (for a change) -- provides a more sobering interpretation, suggesting quite rightly that the UPC can't happen in the UK (or in Europe), or simply not endure if some front groups such as CIPA somehow managed to bamboozle politicians into it (ratification in haste, before the facts are known)



  29. Patent Trolls Update: Rodney Gilstrap Maintains His Support for Trolls, MPEG-LA Goes Hunting in China, and Blackberry Hits Nokia

    A roundup of the latest news about patent trolls and what they are up to in the United States, Europe, and Asia



  30. Guest Post: EPO, an Idyllic Place to Work

    The true face of the EPO as explained by an insider, recalling the history that led to the negative image and toxic work atmosphere


CoPilotCo

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

CoPilotCo

Recent Posts