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

06.07.16

Perpetual Attack on EPO Staff, Even After the Staff Leaves the EPO

Posted in Europe, Patents at 8:38 pm by Dr. Roy Schestowitz

Sun King’s general approach towards staff and his media strategy

Summary: The war on staff’s freedom (even freedom of speech, including after leaving the EPO) escalated to the point of jaw-dropping levels

IT IS no secret that EPO management witch-hunts people, especially those who are associated with (or run) SUEPO. Those people must behave as Battistelli (Sun King) pleases at all times, even after he dismisses them (apparently) because vengeance goes a long way. The Battistelli Kool-Aid must flow uninterrupted. People must stop reading blogs that express criticism or question the EPO. They should instead tune in to EPO (paid) “media partners”. That’s the Battistelli way.

Having realised that she is banned by the EPO anyway, Merpel now continues her work with little hesitation (not much is left to lose). I know the feeling. Among the comments posted in relation to the censorship (please note we have updated this post 3 times already, with new information) we have [1, 2]:

The Bike has been expertised and only normal wear detected on the brakes …I guess it will not make it to the intranet.

You are joking, right? Expertised by whom, anyway?

The “Bike” meme/theme — or the “Bike Affair” as some call it — just won’t go away. It helps distract from meaningful conversation about Battistelli and his goons, as does the event on Thursday (to coincide with a protest). Once again the EPO resorts to 'spamming' people for this silly event. Compare [1, 2, 3, 4, 5, 6, 7, 8, 9] (pretty much identical message, which can get them temporarily shadow-banned by Twitter). This is truly pathetic.

Looking at the latest from Merpel, based on a lot of comments and discussions in comments (which we never get around to covering due to lack of time) she has composed this article about “the EPO’s plans to restrict post-service employment”. To quote the key bits:

Merpel wrote recently about the latest plans of the European Patent Office to reform the Boards of Appeal of the EPO. One aspect present in the earlier proposals of CA/16/15 (see IPKat here, here and here) was that post-service restrictions on employment should apply to former members of the Boards of Appeal, in order to prevent the appearance of conflicts of interest. This aspect has been removed from the main proposal and made the subject of an entire new proposal of its own, to apply not just to Board of Appeal members, but all employees of the EPO.

[...]

It must be cause for concern where powers are stated to be used only exceptionally, but granted without restriction. Moreover, the EPO is explicitly moving to a situation where more employees are expected not to stay their whole working lives with the EPO, so the question of what an ex-employee can do will rise in prominence. For example, the proposals for reform of the Boards of Appeal plan to remove security of tenure so that Board members can no longer expect to be automatically re-appointed at the end of each 5 year term.

For the Boards of Appeal, the most significant issue is that Board members cannot improperly use their former status to the advantage of a particular party by representing them in proceedings before the EPO, but this was dealt with more than 2 decades ago in case G/94.

As an organisation, the EPO is struggling (to put it politely) with its staff relations. It is baffling that the Administrative Council might think it to be a good idea to to add to the list of staff grievances by granting the EPO President, who is the “appointing authority” for most staff, an entirely new ability to control the career of staff members even beyond their departure from the Office, without at least being convinced first that the lack of such powers was damaging the Office.

So Merpel returns to her original question – what is the evidence that further restrictions are required now?

“I may be prejudiced, but this sounds like “Silence! I kill you!”,” said this one response. To quote the whole thing:

I am puzzled at how a former member of a Board of Appeal could take a position where he or she would create a conflict with respect to the legitimate interests of the European Patent Office.

Indeed, we have G2/94. But as this relates to partiality, one would say the proposed oral submission of the former Board member could harm the interests of the other party, not so much the interests of the EPO. And, by the way, G2/94 related to partiality of the Board of Appeal, which is, as we all know, not part of the European Patent Office (hmm… ok, they are employed by the Office?).

So, again, what legitimate interests of the EPO could be at stake for any position taken up by a former Board member?

I may be prejudiced, but this sounds like “Silence! I kill you!”.

It’s also said that “the current EPO looks like the old soviet structures in the 80s’,” to quote another comment:

The current EPO direction wants to control 360°, 24/7 the life of each and single one.

An ex-EPO director now happy pensioner told me today : the current EPO looks like the old soviet structures in the 80s’

Sad, very sad

“This is a measure of pure vindictiveness, with no reasonable justification whatsoever,” added another:

There does not need to be “evidence” to support any whim of the President. Who is going to say him nay? However, there are several benefits from his point of view. As already noted, this measure would have a crippling effect on members of the Board of Appeal wishing to pursue any “occupational activity” after leaving the EPO. In a strategy to undermine the BoA this is another effective action.

There is also the benefit of blocking the activities of anyone retired or dismissed who wishes to work for SUEPO, whether paid or not. There are already several people who would potentially be affected by this measure, especially the two SUEPO leaders dismissed in Munich. Displease the President and the risk is that he and his investigators will pursue you to the ends of the earth and for the rest of your working life.

This is a measure of pure vindictiveness, with no reasonable justification whatsoever.

And finally, a shorter remark:

The Will of the President is all the evidence you need, Merpel.

A lot more of this can be found in comments in other threads, which is possibly why the EPO grew angry enough to just block the entire site/blog.

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 15/7/2019: Vulkan 1.1.115 and Facebook Openwashing

    Links for the day



  2. Microsoft Office 360 Banned

    OpenDocument Format (ODF, a real standard everyone can implement) and Free/libre software should be taught in schools; it's not supposed to be just a matter of privacy



  3. Microsoft, in Its Own Words...

    Sociopathy, incompetence and intolerance of the rule of law, as demonstrated by Microsoft's top managers



  4. Microsoft's WSL is Designed to Weaken GNU/Linux (on the Desktop/Laptop) and Strengthen Vista 10

    What Microsoft does to GNU/Linux on the desktop (and/or laptop) bears much resemblance to what Microsoft did to Java a couple of decades ago



  5. Links 14/7/2019: Linux 5.2.1, Unreal Engine 4.23 Preview, Linux Mint 19.2 Beta

    Links for the day



  6. 25,500 Blog Posts and Pages

    With our thirteenth anniversary just a few months away we're at a pace of about 2,000 posts per year



  7. With WSL Microsoft is Doing to GNU/Linux What It Did to Netscape

    Embrace, extend, extinguish. Some things never really change even if they become an old and repetitive accusation.



  8. Allowing Bad Guests to Become the Hosts

    Why the so-called 'Linux Foundation', a nonprofit that acts more like a PAC controlled by proprietary software companies and people who don't even use Linux, is increasingly becoming a Linux-hostile front group



  9. Honesty and Collaboration Make Free Software Stronger, Microsoft is Inherently a Misfit

    In spite of all the lies Microsoft and its Web sites spew out on a daily basis, nothing has really changed and Microsoft is still attacking Software Freedom (mostly from the inside nowadays, helped by FUD proxies such as WhiteSource and Snyk)



  10. Patent Certainty Waning, But That's Still OK for Patent Trolls

    Patent maximalism remains a threat to everyone but patent lawyers (and patent office chiefs who measure their own performance only by the number of patents granted); best served are the patent trolls who extrajudicially attack already-impoverished parties behind closed doors



  11. GitHub is Microsoft's Proprietary Software and Centralised (Monopoly) Platform, But When Canonical's Account There Gets Compromised Suddenly It's Ubuntu's Fault?

    Typical media distortions and signs that Microsoft already uses GitHub for censorship of Free/Open Source software that does not fit Microsoft's interests



  12. Canonical is Turning Ubuntu Into a More Proprietary Deviant of GNU/Linux

    Ubuntu is becoming more 'Ubinary'; binaries without their source code available are packed up and cooked up for (or baked into) the ISO; this may be good for widespread adoption, but it's not an advancement of freedom, a capitulation rather



  13. Links 13/7/2019: Librem 5 July Update, Project Trident 19.07, KDE Frameworks 5.60.0

    Links for the day



  14. The Problem Isn't Women or Minorities in Free Software But Particular Corporations That Exploit or Steer or Hijack Their Agenda

    If technical issues are being disguised using colours and genders (among other things), then it's important to highlight who's behind it (what company/ies) rather than fling back insults at people because it makes things worse



  15. There's No Such Thing as Cloud Computing, Serverless and All That Other Nonsense

    Buzzwords. Confronted.



  16. Linux is Doing 'Well' Only for Those Who Dislike Software Freedom and Love Control Over Users

    Linux, the kernel, has become a corporate playground or a sandbox that's used to upsell proprietary software, including surveillance; freedom in Linux is gradually being diminished if not completely obliterated and it does not worry the foundations entrusted to guard against it



  17. Consultation About Direction and Future Focus for Techrights

    We invite ideas and recommendations for the future of the site, notably which topics and aspects are worth covering as a matter of higher priority



  18. European Media Continues to Ignore the EPO Crisis While Law Firms and EPO Management Cover Things Up

    The EPO crisis silently deepens because serious problems are lied about, not acknowledged, and the legitimacy of European Patents is greatly diminished, not to mention the EPO's ability to attract talent



  19. Links 12/7/2019: Alpine 3.10.1 is Out and Red Hat Loses Oliva

    Links for the day



  20. Links 11/7/2019: KDE Plasma 5.16.3 and Verifying Gentoo Election Results

    Links for the day



  21. Campinos is Already Widely Seen as Battistelli the Second, Even Among EPO Stakeholders

    The Frenchmen in charge of the EPO may have a taste (and waste) for wine, but they have no clue how to run a patent office (except into the ground); patent application numbers are meanwhile falling (a reduction in demand)



  22. The EFF Responds to IBM's Liars and Lobbyists for Software Patents Just a Day After Red Hat is Officially Absorbed

    IBM's unacceptable stance and abominable actions on the patent front continue to haunt it; IBM must quickly dissociate and reconsider its patent strategy so as to not alienate thousands of workers (the real asset of Red Hat) it has just spent a fortune on



  23. Microsoft Putting Patent Traps Inside Linux While Blackmailing Companies Using Patents Associated With These Traps

    In an effort to make exFAT (a patent trap) the 'industry standard', even inside Linux, Microsoft now wants exFAT inside the very heart of Linux and people are pushing back



  24. Links 11/7/2019: Cockpit 198, Librem Updates

    Links for the day



  25. More People Are Coming Out: Microsoft Tried to Get Them Fired for Standing in Microsoft's Way (the 'One Microsoft Way')

    Microsoft's bullying tactics aren't "old news"; the same tactics carry on to this date and they're the moral or corporate equivalent of doxing



  26. Links 10/7/2019: Sparky 4.11 and Sculpt OS 19.07

    Links for the day



  27. Links 10/7/2019: Septor 2019.4, Tails 3.15, FreeBSD 11.3 and Microsoft 'Morality Police' (Censorship of FOSS) in GitHub

    Links for the day



  28. EPO Further Harms Justice and Quality by Weakening Processes Associated With the EPO’s Boards of Appeal

    The priorities of EPO management reveal the sheer misunderstanding if not malice; either they do not know how to run a patent office or they intentionally try to make it fail (where it matters most)



  29. Links 9/7/2019: Goodbye Red Hat (IBM Takeover Finalised), Mesa 19.1.2, D9VK 0.13

    Links for the day



  30. IBM Has Just Wiped Clean Red Hat's Position on Software Patents

    Proprietary software giant buying Red Hat is not good news; but now it is confirmed and damage limitation may be in order


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