Bonum Certa Men Certa

EPOLeaks on Misleading the Bundestag -- Part 9: A Veritable Virtuoso of Legal Sophistry

Series index:

  1. The EPO Bundestagate -- Part 1: How the Bundestag Was (and Continues to be) Misled About EPO Affairs
  2. The EPO Bundestagate -- Part 2: Lack of Parliamentary Oversight, Many Questions and Few Answers…
  3. The EPO Bundestagate -- Part 3: A “Minor Interpellation” in the German Bundestag
  4. The EPO Bundestagate -- Part 4: Parroting the GDPR-Compliance Myth
  5. The EPO Bundestagate -- Part 5: The Federal Eagle's Disconcerting Metamorphosis
  6. EPOLeaks on Misleading the Bundestag -- Part 6: Dr Petri Starts the Ball Rolling…
  7. EPOLeaks on Misleading the Bundestag -- Part 7: Ms Voßhoff Alerts the Bundestag…
  8. EPOLeaks on Misleading the Bundestag -- Part 8: The EPO's Tweedledum, Raimund Lutz
  9. You are here ☞ A Veritable Virtuoso of Legal Sophistry


Lutz - Breakfast in Beijing
Breakfast in Beijing: Lutz together with his master Battistelli at an IP junket in the Nuo Hotel (November 2017).



Summary: "Lutz is also reputed to be closely linked to the German branch of the influential UPC lobby group centred around Prof. Winfried Tilmann."

As head of the German delegation on the EPO's Administrative Council, Lutz is reputed to have been a key mover-and-shaker in the secretive backroom political machinations which took place during the controversial and protracted procedure (copy here [PDF]) to find a successor to EPO President Alison Brimelow in 2009/2010.



"During his time as Vice-President of the EPO's Directorate of Legal and International Affairs (DG5), Lutz gained notoriety for being one of Battistelli's most faithful and devoted lapdogs."Lutz is believed to have been instrumental in securing the deal which led to Battistelli's election as EPO President in March 2010.

It is also rumoured that an element of this deal included the understanding that Battistelli would subsequently see to it that Lutz was rewarded with a cushy sinecure as a Vice-President of the EPO.

Such upper management positions at the EPO are greatly coveted by senior German civil servants because they provide a lot of perks, including a generous tax-free salary and a convenient pre-retirement opportunity for the lucky winners to beef up their pension entitlements using the disproportionately generous compensation arrangements for EPO managers.

During his time as Vice-President of the EPO's Directorate of Legal and International Affairs (DG5), Lutz gained notoriety for being one of Battistelli's most faithful and devoted lapdogs.

"...whenever Battistelli had any dubious undertaking in mind, his standard modus operandi at meetings of the Council was to wheel out Lutz who could be counted upon to brush aside any reservations expressed by sceptical or dissenting Council delegates."EPO insiders reckon that his role was even more sinister and corrosive than that of Željko Topić.

Topić basically played the part of a "placeholder" or "stub" Vice-President providing cover for Batistelli's HR dompteuse, Elodie Bergot, who ruled the roost as the de facto "prima donna" of the EPO's personnel department.

Lutz, on the other hand, was entrusted with the far more consequential task of ensuring that the EPO's Administrative Council was supplied with the right kind of legal advice.

Thus, whenever Battistelli had any dubious undertaking in mind, his standard modus operandi at meetings of the Council was to wheel out Lutz who could be counted upon to brush aside any reservations expressed by sceptical or dissenting Council delegates.

By means of a carefully deployed smokescreen of bluff, bluster and legal sophistry, the Council delegates were repeatedly conned into rubber-stamping all sorts of questionable measures and at the same time dissuaded from asking too many awkward questions.

EPO insiders confirm that the catastrophic erosion of legal standards and the rule of law at the EPO during the Battistelli era was largely attributable to the intellectually corruptive influence of Lutz as the provider of phony "legal advice" to a gullible and naïve Administrative Council.

Lutz the Klutz
Lutz is reputed to be the author of the "legal fiction" of EPO compliance with the standards and requirements of European data protection law.



Of particular relevance to the present series is Lutz's reputed role as the author of the "legal fiction" of EPO compliance with the standards of European data protection law.

For example at the 155th meeting of the Administrative Council in March 2018, Lutz made a statement about the impending entry into force of the GDPR in which he assured the Council delegates that "[t]he Office had its own data protection guidelines, at a level comparable to the new regulation" and that national offices could transmit their data to the EPO "without breaching the GDPR".

Lutz also referred the Council to the "public interest" derogation under Article 49(1)(d) GDPR as a legal basis for data transfers to the EPO.

However, such reliance on Article 49 (1) (d) GDPR is at odds with the position of the European Data Protection Board (EDPB).

The relevant guidelines published by the EDPB (copy here [PDF]) state that Article 49(1)(d) GDPR should not be relied upon as a basis for data transfers which take place on a large scale and in a systematic manner. According to the EDPB, the derogations set out in Article 49 should not become “the rule” in practice. On the contrary, all data exporters (in particular public bodies) are encouraged to put in place appropriate safeguards in accordance with Article 46 GDPR rather than relying on the derogation as per Article 49(1) (d).

The EPOnian myth of GDPR-compliance created by Lutz has formed the basis a whole host of self-congratulatory EPO puff pieces such as "Linked data, secure data" (warning: epo.org link; copy here [PDF]), published by Battistelli in his presidential blog on 25 May 2018 - the day on which the GDPR entered into force - and carefully designed to pull the wool over the eyes of the public about the true state of the EPO's data protection framework.

Lutz UPC marketing
Lutz at a UPC promotion event in Munich (November 2017)



Lutz is also reputed to be closely linked to the German branch of the influential UPC lobby group centred around Prof. Winfried Tilmann. In this connection he is said to have been responsible for recruiting Margot Fröhlinger to act as the EPO's "Mrs UPC" in charge of unitary patent "marketing activities" at the EPO.

In the next part we shall see how Battistelli's virtuoso of legal sophistry was almost universally despised and reviled among the rank and file of EPO staff.

Recent Techrights' Posts

Google Has Mass Layoffs (Again), But the Problem is Vastly Larger
started as a rumour about January 2025
Electronic Frontier Foundation Defends Companies That Attack Free Speech Online (Follow the Money)
One might joke that today's EFF has basically adopted the same stance as Donald Trump and has a "warm spot" for BRICS propaganda
 
Early Retirement Age: Linus Torvalds Turns 55 Next Week
Now he's almost eligible for retirement in certain European countries
Gemini Links 22/12/2024: Solstice and IDEs
Links for the day
BetaNews: Microsoft Slop is Your "Latest Technology News"
Paid-for garbage disguised as "journalism"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 21, 2024
IRC logs for Saturday, December 21, 2024
Links 21/12/2024: EU on Solidarity with Ukraine, Focus on Illegal and Unconstitutional Patent Court in the EU (UPC)
Links for the day
[Meme] Microsofters at the End of David's Leash
Hand holding the leash. Whose?
Deciphering Matt's Take on WordPress, Which is Under Attack From Microsofters-Funded Aggravator
the money sponsoring the legal attacks on WordPress and on Matt is connected very closely to Microsoft
Gemini Links 21/12/2024: Projections, Dead Web ('Webapps' Replacing Pages), and Presentation of Pi-hole
Links for the day
American Samoa One of the Sovereign States Where Windows Has Fallen Below 1% (and Stays Below It)
the latest data plotted in LibreOffice
[Meme] Brian's Ravioli
An article per minute?
Links 21/12/2024: "Hey Hi" (AI) or LLM Bubble Criticised by Mainstream Media, Oligarchs Try to Control and Shut Down US Government
Links for the day
LLM Slop is Ruining the Media and Ruining the Web, Ignoring the Problem or the Principal Culprits (or the Slop Itself) Is Not Enough
We need to encourage calling out the culprits (till they stop this poor conduct or misconduct)
Christmas FUD From Microsoft, Smearing "SSH" When the Real Issue is Microsoft Windows
And since Microsoft's software contains back doors, only a fool would allow any part of SSH on Microsoft's environments, which should be presumed compromised
Paywalls, Bots, Spam, and Spyware is "Future of the Media" According to UK Press Gazette
"managers want more LLM slop"
On BetaNews Latest Technology News: "We are moderately confident this text was [LLM Chatbot] generated"
The future of newsrooms or another site circling down the drain with spam, slop, or both?
"The Real New Year" is Now
Happy solstice
Microsoft OSI Reads Techrights Closely
Microsoft OSI has also fraudulently attempted to censor Techrights several times over the years
"Warning About IBM's Labor Practices"
IBM is not growing and its revenue is just "borrowed" from companies it is buying; a lot of this revenue gets spent paying the interest on considerable debt
[Meme] The Easier Way to Make Money
With patents...
The Curse (to Microsoft) of the Faroe Islands
The common factor there seems to be Apple
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 20, 2024
IRC logs for Friday, December 20, 2024
Gemini Links 21/12/2024: Death of Mike Case, Slow and Sudden End of the Web
Links for the day
Links 20/12/2024: Security Patches, Openwashing by Open Source Initiative, Prison Sentence for Bitcoin Charlatan and Fraud
Links for the day
Another Terrible Month for Microsoft in Web Servers
Consistent downward curve
LLM Slop Disguised as Journalism: The Latest Threat to the Web
A lot of it is to do with proprietary GitHub, i.e. Microsoft
Gemini Links 20/12/2024: Regulation and Implementing Graphics
Links for the day
Links 20/12/2024: Windows Breaks Itself, Mass Layoffs Coming to Google Again (Big Wave)
Links for the day
Microsoft: "Upgrade" to Vista 11 Today, We'll Brick Your Audio and You Cannot Prevent This
Windows Update is obligatory, so...
The Unspeakable National Security Threat: Plasticwares as the New Industrial Standard
Made to last or made to be as cheap as possible? Meritocracy or industrial rat races are everywhere now.
Microsoft's All-Time Lows in Macao and Hong Kong
Microsoft is having a hard time in China, not only for political reasons
[Meme] "It Was Like a Nuclear Winter"
This won't happen again, will it?
If You Know That Hey Hi (AI) is Hype, Then Stop Participating in It
bogus narrative of "Hey Hi (AI) arms race" and "era/age of Hey Hi" and "Hey Hi Revolution"
Bangladesh (Population Close to 200 Million) Sees Highest GNU/Linux Adoption Levels Ever
Microsoft barely has a grip on this country. It used to.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 19, 2024
IRC logs for Thursday, December 19, 2024