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

05.25.18

EPO, a Longtime Privacy Offender, Uses General Data Protection Regulation (GDPR) Day to Lie to the Public

Posted in Deception, Europe, Patents at 5:40 pm by Dr. Roy Schestowitz

They won't pay attention to your crime. If you keep insisting you oppose that crime...

Summary: The European Patent Office (EPO) has the nerve to pretend to value privacy after all it has done; it’s just exploiting the “GDPR Day” buzz to spread some more face-saving lies about the very subject it has become incredibly notorious for

MUCH remains or needs to be said about what the EPO wrote today. Unlike the USPTO, for example, the EPO is widely known for privacy abuses and data handling violations. The EPO is notorious for breaking such laws. But remember that it’s immune from lawsuits (unlike the USPTO — a subject to be covered this weekend).

“The EPO is notorious for breaking such laws.”We’re going to leave aside new tweets about software patents (the EPO has once again promoted its sponsored ‘study’ which is actually advocacy of software patents), the latest (re)tweets about “Inventor Award” (still about half a dozen per day, promoting the looting of the EPO's treasury), and even the Cypriot tweet from Georgios Lakkotrypis, who wrote: “Delighted to welcome the @EPOorg 12th Annual Meeting in #Cyprus. At a time when IP protection is vital for accelerated innovation, the 2-day deliberations in #Limassol offer an excellent opportunity for enhanced cooperation.”

These just aren’t particularly new of interesting. Let’s look at this promotion of Battistelli’s ‘blog’ (warning: epo.org link) where he wrote: “At the other end of the spectrum, the integrity of personal data held by organisations has been widely reported recently and that is sure to continue when the EU GDPR enters into force today. The EPO holds personal data but the amount we have is kept to the minimum legally required under the European Patent Convention and its rules, and with strict adherence to the personal data minimisation principle.”

“Battistelli is a serial violator of privacy who clearly broke the law on several different occasions and should be prosecuted for it (but he’s immune).”Really?! Battistelli is a serial violator of privacy who clearly broke the law on several different occasions and should be prosecuted for it (but he’s immune). Now he pretends that the EPO values privacy. The EPO’s official site has just written about it too (warning: epo.org link), basically piggybacking the General Data Protection Regulation (GDPR) to spread a big lie about its record on privacy. Thankfully, we have plenty of information with which to rebut. See for example the EPO's passage of data to Europatis, the company of a former EPO Vice-President (VP1).

How about the time Battistelli libeled a judge by liaising with Dutch and German media to label that judge “Nazi”? And the same (or similar) for Elisabeth Hardon and other staff representatives, whom Battistelli accused of Nazi-type saluting? Remember that not only was illegal surveillance deployed but selected ‘leaks’ of confidential inquiries were made available to the press. It was a dirt-dishing exercise by the IU, the ‘gestapo’ of Battistelli. And they have the audoacity to brag about “privacy” today. How dare they? The EPO is the very antithesis of privacy, with number plate recognition (more obtrusive surveillance) recently added to the building as if patent examiners are CIA/BND agents.

“The EPO is the very antithesis of privacy, with number plate recognition (more obtrusive surveillance) recently added to the building as if patent examiners are CIA/BND agents.”Incidentally, Märpel has just published some additional details about the Elisabeth Hardon case. Battistelli and his IU apparently intruded a GMail account after they had already snooped on other E-mails to and from Hardon, eventually firing EPO staff representatives (not only her) for speaking about a profoundly critical matter (a staff suicides epidemic). To quote Märpel:

There are so many problems with this judgement that Märpel does not know where to start. Maybe she should simply start with the facts: someone committed suicide and Mrs Elisabeth Hardon, who had dealt with that person as a staff representative, was understandably upset. She was all the more upset because it was the second suicide under the same manager. Judgment 3968 fails to mention that “detail”, although the tribunal was certainly informed by the defendant.
After that suicide Mrs Hardon send an E-mail to an internal SUEPO distribution list were she stated as follows:
“[...] most of us believe that the behaviour of [the deceased staff member's] (previous) manager and the unfounded attacks by PD4.3 (culminating in a disciplinary procedure) have contributed significantly to his death. [...] Formally the Office will of course deny any guilt. But we hope that this letter will contribute to an internal discussion and maybe some lessons will be learnt.”
(This is the text, verbatim, from judgement 3968.)

Märpel finds that text to be a rather measured response to a double suicide. Mr A., the manager of the two deceased persons, considered that single e-mail harassment.

Harassment has always been a difficult subject at the EPO, so difficult that the definition of harassment was the subject of several circulars. Märpel understands that Mrs Hardon was found guilty under the terms of a circular published after the facts (point 8 of judgement 3968).

Actually, Mrs Hardon was NOT found guilty, twice. VP4 wrote to that effect on 13 July 2012 (point 4 of judgement 3968) and the disciplinary committee wrote a report to the same effect on 28 January 2014 (point 8 of judgement 3968). But President Battistelli found otherwise and decided to downgrade Mrs Hardon.

Judgement 3968 confirmed the sanction. Most striking is point 18: “Consistent case law holds that the executive head of an international organisation is not bound to follow a recommendation of any internal appeal body nor bound to adopt the reasoning of that body”. Märpel understands that AT-ILO is satisfied that President Battistelli can strike any staff member he wants, with complete disregard for internal disciplinary bodies.

Isn’t there a problem with that?

Mrs. Hardon was dismissed later and for another case of “harassment” (that time a single word and not an email). She was dismissed together with another SUEPO official, Ion Brumme. A third SUEPO official, Malika Weaver, was downgraded. The 3 cases are planned for the next session of AT-ILO, right in time for President Battistelli end of contract bonus and inventor of the year event. Timing is everything. Märpel hates to predict the future, but her contacts in the 7th floor of the Isar building told her that the celebrations shall not be spoiled. It is a little known fact that the Office receives AT-ILO judgements before official publication.

Having already published the very detailed IU report, or the ‘case’ (‘trial’?) against Hardon, it’s very clear to us that the EPO breached privacy laws. Does the public care? Can Battistelli carry on lying about privacy without being challenged on it?

“Can Battistelli carry on lying about privacy without being challenged on it?”Soon enough, according to sources, Battistelli will treat himself like a literal king where he plans to prematurely inaugurate a Dutch building instead of showing up for trial at the ICC nearby. One reader asked us about this lavish, self-flattering ceremony: “Any idea what Battistelli’s big announcement at inauguration of new building is about? And why Campinos is not invited? The rumours are vague.”

Well, in case someone knows, please get in touch. As we understand it, Battistelli’s parade will be rained on when SUEPO in the Netherlands organises a party to celebrate his departure. SUEPO in the Netherlands, having already witnessed staff jumping from the window (during working hours), certainly knows that this ‘king’ has blood on his hands — probably a much more serious issue than his privacy violations — like those used against a Dutch lady who ‘dared’ speak about suicides.

Isn’t it funny that the EPO cited “privacy” when it sent me several legal threats (SLAPP) but was perfectly happy to violate the privacy of all EPO staff, especially those whom Battistelli tried getting rid of?

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 13/10/2019: Red Hat CFO Fired and KDE Plasma 5.17 Preparations

    Links for the day



  2. Bill's Media Strategy Amid GatesGate

    There are many ways by which to game the media’s news cycle — an art mastered by the groper in chief



  3. Hard-Core Micro-Soft

    The word "core" is increasingly being (mis)used to portray user-hostile proprietary software as something more benign if not "open"



  4. Free Software Timeline and Federation: When Free Software Advocacy/Support is a Monopoly Expansion Becomes Necessary

    Support for Software Freedom — like support for Free software (think Red Hat/IBM and systemd) — should be decentralised and compartmentalised to make the movement stronger and adaptable



  5. Projection Tactics

    The corporate media hasn't been doing its job lately; it has systematically defamed the wrong people, perhaps in an effort to distract from 'big fish'



  6. Meme: Richard Stallman Irrelevant

    Saint IGNUcius — Richard Stallman — just isn’t the Saint Bill Gates is



  7. IRC Proceedings: Saturday, October 12, 2019

    IRC logs for Saturday, October 12, 2019



  8. Links 13/10/2019: Mastodon 3.0, GNU Binutils 2.33.1, and the Road to KDE Frameworks 6

    Links for the day



  9. The New York Times About the Real Epstein-Software Scandal (Nothing to Do With Stallman)

    The media is belatedly catching up with and covering the real MIT scandal which extends far beyond MIT



  10. Openwashing Reports Are on Hold

    The need to stress Software Freedom and shun all that "open" nonsense has quickly become apparent; some of the people who oppose Stallman turn out to be "Open Source" proponents who don't even value freedom of expression (free speech)



  11. Support the GNU Project and Support Free Speech

    Techrights is loyal to Software Freedom and those eager to promote it; it cannot, however, support those who don’t support free speech



  12. Today's EPO is Working for Patent Trolls and the 'Aye Pee' (IP) 'Industry' Instead of Science

    The EPO is making allegiances and alliances with groups that represent neither science nor businesses but instead push for monopolies, litigation and extortion; lawlessness appears to have become the EPO's very objective instead of what it intends to tackle



  13. The Campinos Car Crash

    The EPO is crashing and we know who’s to blame other than Battistelli



  14. Software Patents (or Monopolies on Algorithms) Are Not 'Property' and They're Not Even Legally Valid

    The EPO insists that it's OK to grant patents on just about everything and propaganda terms are being leveraged to justify this dangerous attitude



  15. The EPO's Universal Patent Injustice Concealed With Polyglottic Tricks

    The EPO is fooling nobody; it's desperate to hide the very simple fact that Battistelli did something illegal and over the past few years every decision issued by the EPO was legally invalid (as per the EPC)



  16. Microsoft Tweets in Linux Platforms

    This observation about the Linux Foundation seems very appropriate (and true) now that Linux.com’s sole editor is (re)posting Microsoft tweets (shades of Jono Bacon)



  17. Links 12/10/2019: Rspamd 2.0, Kdenlive 19.08.2, Plasma Mobile Progress, FreeBSD 12.1 RC1

    Links for the day



  18. IRC Proceedings: Friday, October 11, 2019

    IRC logs for Friday, October 11, 2019



  19. MIT Scandal in a Nutshell

    What happened a month ago, explained using a meme



  20. António Campinos, With Diplomatic Immunity, Continues Breaking the Law by Granting Patents the EU and EPC Forbade

    The EPO shows how immunity leads to crimes being committed with total impunity; at this point the EPO's immunity must be removed and judges should be permitted to do their job, which is enforcing the law



  21. EPO is Trying to 'Force-Feed' Europe Some Fake Patents by Hijacking Courts

    Having granted a lot of dubious European Patents (to maintain constant growth despite a decreasing number of applications) the EPO seeks to subvert the court system; so far only the constitutions and the laws are being subverted — to the point where these ambitions are collapsing in Europe’s highest courts



  22. If the EPO Plans to Go 'Virtually' Private (Outside Contracting), Then Failing It Would be Deliberate

    Sooner rather than later EPO workers need to entertain the possibility that so-called 'plan Battistelli' is to enrich a bunch of well-connected people rather than improve the Office or its services



  23. Linux Oughtn't Be Just a Brand

    The non-Linux-using Linux Foundation and how it views the Linux project



  24. Software Freedom Eroding in Linux and Nobody Seems to Care or Oppose This

    Linux, the kernel, continues its trajectory or the route towards becoming Open Source Proprietary Software (OSPS)



  25. Guest Post: An Open Letter to Matt Lee Regarding freesw.org

    "I realise you and I probably don't agree on very much. What I think we do agree on is the importance of getting Free Culture and Free Software right."



  26. IRC Proceedings: Thursday, October 10, 2019

    IRC logs for Thursday, October 10, 2019



  27. Links 11/10/2019: Atari VCS Responds, Rock Pi SBC Debut

    Links for the day



  28. Azure Apparently Losing Money and Microsoft Lies to Shareholders, in Effect Breaking the Law

    Decades down the line Microsoft continues to lie about its financial performance, as it did before, according to a former insider



  29. Links 10/10/2019: KDE Applications 19.08.2 and NixOS 19.09

    Links for the day



  30. The EPO is Gradually Being Outsourced to Private, For-Profit, Unaccountable and Notorious Companies

    The EPO is becoming a private enterprise one piece at a time; what's not to like?


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