Bonum Certa Men Certa

Meanwhile in Eponia, Tyrant Battistelli Must be Seeking Advice on How to Refuse to Obey Court's Orders (Again)

It's a lot of fun being above the law (fun for one person anyway, not for anyone else)

Dmitry Medvedev and Vladimir Putin



Summary: People already speculate about how Battistelli will attempt to come up with excuses for noncompliance (and ongoing violation of the EPC as well as ILO code)

OUR article from early this morning took stock of many other articles about the latest rulings from ILO. As we pointed out at the very start, Battistelli had not implemented or complied with the court's orders in Holland, so why Switzerland? In fact, as we explained before, Battistelli already defied court orders from ILO as well (e.g. composition of internal committees). Battistelli is a serial offender who, in the "real world", would be charged with contempt of court. But he's politically-connected and likes to flaunt "immunity!"



This is no laughing matter. It's not comical. People's lives are at stake and EPO scandals may have already cost the lives of half dozen people.

Team UPC's Robinson asked a few hours ago, "what happens now if the EPO simply refuses to implement the ILO's orders? Is there any enforcement mechanism? Recall that the EPO suggested it would have simply ignored the Dutch Supreme Court if the ruling there had gone against it."

Indeed.

And watch the the 6 comments (so far) in Thorsten Bausch's article. To quote just three of them:

I must say, I was not expecting to hear from the ILO quite so soon. I had supposed there was 10 year pendency in its cases. BB getting a dose of his own “early certainty” medicine? How ironic!

I wonder though, can the President (or the AC) appeal the ILO judgement to a higher instance? And what mechanism is there to enforce an ILO judgement on a supra-national entity like the AC?


No, there is no possibility for either party or intervener to a complaint before the ILOAT to appeal to a higher instance. Article VI, 1. of the Tribunal’s Statute provides:

“The Tribunal shall take decisions by majority vote. Judgments shall be final and without appeal. The Tribunal may nevertheless consider applications for interpretation, execution or review of a judgment.”

This also is an answer to your second question: While there is no possibility for an official benefitting from a Tribunal’s order to enforce a judgment, he or she can file an application for execution. In most cases where international organisations under the juridiction of the ILOAT have tarried over the execution of a judgment, damages then ordered by the Tribunal following a succesful application for execution were substantial.


What sticks in my craw about all of this is that there will be no comeback whatsoever for the “guilty” parties. Indeed, the only ones that will (literally) pay for this whole debacle is the users of the EPO – as they are the only ones who provide the funds with which the EPO will pay the damages and compensation awarded, as well as the (no doubt exorbitant) legal fees for a case that should never have existed in the first place.

With this in mind, I would very much like to see the AC to strip Mr Battistelli of his immunity, so that at the very least the Board of Appeal member that is the subject of the ILO’s judgements can ask a court of law to decide whether any civil torts (or even any criminal offences) have been committed during the course of what has clearly been a vendetta against him.

What the BVerfG will make of all this is anyone’s guess. However, we can be sure that they will have been watching closely.


How can UPC ever become a reality when the system is so defunct and justice is merely a mirage? And to put someone like Battistelli in charge of UPC is the moral equivalent of putting Mugabe in charge of HRW.

To quote another new comment, "the EPO is not a member and is independent of the jurisdiction of any member state. Sounds like someone just wasted a lot of time and money to me on a judgement that will likely be ignored."

If Battistelli ignores this ruling too, there will be something akin to a gentlemen's riot at the EPO. We are guessing that this is how Benoît Battistelli and Željko Topić will attempt to dodge compliance with the ruling. The very fact that thugs like Battistelli and Topić are even in positions of power at the EPO is a testament to the sort of mess the EPO is presently in. Kremlin-connected broadcasters such as Russia Today couldn't ask for a better example of Europe being as defunct as (if not more defunct than) Russian politics, complete with tandemocracy (Dmitry Medvedev and Vladimir Putin being the Campinos/Battistelli equivalent).

Recent Techrights' Posts

GNU/Linux and ChromeOS in Australia Tripled in 5 Years? That's How statCounter Sees It....
Based on statCounter...
GNU/Linux Reaches 5% in Indonesia (Population Size Near 300 Million)
You would need not envy "Microsoft Indonesia" right now
GNU/Linux Back to 5% in 2025
That's not counting ChromeOS
GNU/Linux Gained About 0.5% Last Year, According to StatCounter
2024 ended with "proper" GNU/Linux at +0.4%, ChromeOS at +0.1% (based on statCounter/StatCounter)
 
Gemini Links 02/01/2025: Goals 2025, Microsofter Clickbaiting Again, Advice for the Newbie or Returning Perl Hacker
Links for the day
When Your Get Your "Latest Technology News" From an LLM Slop Farm
They still call themselves "BetaNews" (the word "news" is in the name)
[Meme] Wrestling With Pigs in Social Control Media
“Never wrestle with pigs. You both get dirty and the pig likes it.” ― George Bernard Shaw
Even Worse Than Racism at the Linux Foundation
And worse than corporate colonialism
It's Not Just MElon X, President Frank-Walter Steinmeier, All Social Control Media is Basically a Digital Weapon
The question is, what are you going to do about it?
Microsoft Especially Important to Phoronix (It Also Gives Gifts to Phoronix)
A whole section devoted to Microsoft, mostly with puff pieces/ads of proprietary things
For Software Freedom (and for Broader Personal Freedom), the Goalposts Are Moving
we need to open up our eyes and identify/classify other threats, such as social control media
Microsoft Plummets to New Lows in Azerbaijan
Perhaps the Azerbaijani population is looking for something other than the NSA's foremost facilitator
We Need Something More Like DMOZ, Not Search Engines and Bill-Funded Wikipedia (Censoring Unfaltering Information About Powerful People and Institutions)
era of LLMs trained on Wikipedia... Microsoft tried - and failed - to game the narrative to the same extent Google does
Tens of Billions of Dollars Down the Drain (Microsoft Lost the Search "Arms Race" or Market)
But caused injury to itself and others, just like with Nokia in mobile
Seems Like GNU/Linux Usage Doubled in Japan Last Year
So says statCounter data anyway
GNU/Linux Measured at 4.4% in South America and 3.34% in Africa, Based on 2025's Preliminary Data
All-time highs
GNU/Linux Leaps to 6% in the United States of America (Not Even Counting ChromeOS)
Additionally, the FSF in Boston is managing well
GNU/Linux Usage in Europe Leaps Above 6% in 2025
This is a big deal because a lot of Microsoft's revenue came from Europe
Windows Falls to 22.5% Worldwide, Android Up to 48%
The world's (by far) biggest populations don't use Windows much
Links 02/01/2025: Production of Apple Vision Pro Halted, More on Public Domain Day 2025
Links for the day
Links 02/01/2025: OpenAI Whistleblower Suchir Balaji Alleged to Have Been Murdered, Islamic Terrorism in New Orleans
Links for the day
Gemini Links 02/01/2025: Friends, Blunder Valley, and New Year
Links for the day
Links 02/01/2025: Violence Crisis in South Africa and Arrest Warrant for South Korean Leadership
Links for the day
Rumour: IBM Will Try to Induce Mass Resignations This Month Using R.T.O. (Just Like Amazon Does This Month)
Amazon will start some of this in March, sources have told us
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 01, 2025
IRC logs for Wednesday, January 01, 2025
Last Day of 2024 Was Spent by Brittany Day Publishing Only Fake 'Articles' (LLM Slop) About "Linux", Joined by Serial Slopper Brian Fagioli
Not even a holiday was enough to stop Day from "spamming" the Web with fake 'articles' (LLM slop) about "Linux"
Gemini Links 01/01/2025: Looking Back at 2024 and Happy 2025
Links for the day
Addendum: What the Software Freedom Law Center (SFLC) Really Is
Not serum free light chains (SFLC)
Microsoft FakeHub: Identity Theft in Microsoft GitHub (Microsoft Won't Bother Addressing It; It Gives a False Impression of Adoption by GNU/Linux Veterans)
This is the same company that kept intact deleted accounts and counted them as if they're live and active (to hide the gradual abandonment and demise of the "hub")
Microsoft Tries to Force People Into Vista 11 by Stopping Vista 10 Patching, Herding Them Into TPMdom
It's backfiring
CyberShow Blog Upgraded, RSS Feed Added
CyberShow Blog has just had somewhat of a facelift
Sitting on a Mountain of Money (Almost 8 Million Dollars) is "Pro Bono"
Does the general public realise what SFC is?
Software Freedom Conservancy Inc (SFC) Lost Revenue and Also Got Rid of "Senior Director of Diversity and Inclusion" (Sage A Sharp, Formerly Known as Sarah Sharp, Who Ran an Ill-Spirited Campaign Against Linus Torvalds, Theodore Tso, and Other Prominent Linux Developers)
Not much needs to be said; a little needs to be shown (from an authoritative source, the IRS)
In Operating Systems, Google Was the Biggest Winner in 2024
Nevertheless, 10% of the managers are to be laid off shortly (after a leak led to confirmation by the CEO)
FSF-EEE (Colonial Splinter Group Based in Germany) Promotes Microsoft
New and misleading
Did GAFAM or IBM 'Downgrade' Pensions to 'Insurance' (Which Can be Denied)?
'Insurance' does not mean what it may sound like
Gemini Protocol Continued to Grow in 2024
it's no longer hosted from home
Geoffrey Knauth, FSF President and Treasurer, Comments on the FSF Raising Over $300,000
Now almost $304,000
Links 01/01/2025: Whistleblowers Shunned, EU/Germany Blasts Twitter (X, MElon) Interference
Links for the day
Mother of OpenAI Whistleblower Says Her Son Was Murdered (He Accused OpenAI of Copyright Violations at a Massive Scale, OpenAI is Running Out of Money That It Borrowed)
"Mother of OpenAI Whistleblower Alleges He Was Murdered, Says There Were Signs of Struggle"
Housekeeping and Productivity
The less we tinker with those things (system administration tasks), the more we can write and curate links
The Engineering Side in 2024: A Look Back, Taking Stock
uptime was somewhere around 99.95%
Dr. Andy Farnell Nominates Gromit the Dog "as an Unlikely Hacker Hero."
The world needs more decent engineers
The Free Software Foundation's (FSF) Holiday Fund-Raising Campaign Reaches About $303,000
in some parts of the US it's still 2024
[Meme] The Microsoft Syndrome
Typical Microsoftism
Gemini Links 01/01/2025: Reflecting on 2024 and FSMs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 31, 2024
IRC logs for Tuesday, December 31, 2024
Links 31/12/2024: Another Jeju Air Plane Has Severe Landing Gear Issue (Cannot Blame Birds Anymore), Turku Quits Twitter/X
Links for the day
2025 Coming. "Lawsuits are temporary. Glory is forever. Go public."
another promising year for us
Free Software Foundation (FSF) Raises about $50,000 After Saying We Should Put Pressure on Microsoft, Might Exceed $300,000 in Total Before 2025 (Boston Time)
FSF fund-raiser now at 292k US dollars. Spectacular growth, rising at a pace of about $20k per day!
Brittany Day Unleashes Microsoft Propaganda About Linux, Likely Generated by Microsoft LLM to Strategically Googlebomb a Topic
Yes, it's definitely LLM slop
Gemini Links 31/12/2024: Default Apps 2024 and Google News RSS Woes
Links for the day
Links 31/12/2024: 'Open'AI Has Run Out of Money Again, Venezuela Fines TikTok, Germany Warns X/Twitter Over Election Interference, Google Search Takedowns Out of Control
Links for the day
Gemini Links 31/12/2024: Google's Evil and VF-1 1.0.0 is Out
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 30, 2024
IRC logs for Monday, December 30, 2024