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

NVIDIA's Crisis Has Only Just began
NVIDIA Corp (NASDAQ: NVDA) is set to open in the red tomorrow
IBM Has Destroyed Red Hat and Hashicorp, Insiders Say It's the Usual From IBM:
Bluewashing is a death wave
Techrights Was Right About Slop Destroying Development Communities and Projects
Slop does not improve your project. It kills the community. Without community, what is left? A 'botfarm'?
Intercontinental Brigading - Part XXXXXI - Harassment Law and "Things Are Unfairly Asymmetric" (Exploring the Boundaries of Death Threats and Various Threats From America)
the sort of "technofascism" that our country must learn to confront rather than facilitate
 
When Short is Way Too Short (Superficiality, Lowering of Entropy)
Demonstrating how truly worthless social control media was all along
Techrights Hates Slop Bots
They benefit nobody
The Economy is Fine! (If Only for China!)
The future is slop! If not, then it's China's fault! It's "sabotaging" the "Western hey hi" in this "hey hi arms race!"
"IT" as "Musical Chairs" (on the Deck of The Titanic)
Each generation will get worse for "IT"
Salesforce in Trouble, Debt Nearly Quadrupled in 9 Months
Salesforce is perishing in a deep pool of debt
"Microsoft is Next IBM"
The words of a Microsoft insider and responses to that
IRC is Decentralised
Bye, Microsoft Teams/Skype
Links 15/11/2026: Murdoch's "WSJ Buries Stephen Miller's Racism" and "America Has Entered a New Age of Propaganda"
Links for the day
In the UK, GNU/Linux Usage Soared During Microsoft Downtime
since the massive outage GNU/Linux usage soared to over 10%
Google Slop About Richard Stallman Shows Stallman Was Right, LLMs are BS Generators
Google slop is the "new Google"
Spouse of Garrett Needs to Get "Several Firearms" to Feel Safe Amid Divorce (Garrett Has a "Girlfriend" Now)
Seems like Isis and my wife have a lot in common when it comes to Garrett
Vista 11 is Small
Can Microsoft survive the fall of Windows?
Six Richard Stallman and FSF Talks This Month (FSF Staff at Ohio State University)
Dr. Stallman's talks in Ecuador are well timed because of the collapse of the LLMs (slop) pyramid scheme
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 14, 2026
IRC logs for Saturday, November 14, 2026
Gemini Links 15/11/2026: "The Bastards Can Never Win" and "The Last Low-Tech Generation"
Links for the day
Links 14/11/2026: Wuhan Corruption and "Aid Isn’t Reaching Ebola’s Epicenter"
Links for the day
Rahul Kumar Has Turned tecadmin.net Into a Slopfarm That Promotes Slop and Microsoft (as Usual)
Slop promoting slop - a death knell of once-active "Linux" sites
Large-Scale Layoffs - Not Just PIPs - at Red Hat and IBM This Month
Mainstream media has quit covering mass layoffs
Links 14/11/2026: "The Claude Delusion" and "The Microsoft Outage is a Warning for the World"
Links for the day
Ethics in Perspective, Free Software and Morality
top clients of Jeffrey Epstein are one happy family
Richard Stallman (RMS) at Universidad Central del Ecuador (Guayaquil), Cuenca, Campus Sur Universidad Politecnica Salesiana (Quito), and Ohio State University
Long live the message and mission of RMS
They Paid Workers in 'Shares' (That Lost Almost Half Their Value in One Month)
Welcome back 1999 or 2007
The Register MS Made Millions of Pounds by Participating in the Slop Hype Campaign (It's Still Doing It), Now It Admits That It's Just a Bubble
the slop frenzy played a role in the Microsoft meltdown
Intercontinental Brigading - Part XXXXX - Pyramid Schemes (Planned Plunder) and Canceled/Botched Surgeries Aren't "Funny", They Cause Serious Harm and Distress
We were right about Microsoft
Links 14/11/2026: "OpenAI Is Sustaining Enormous Losses" and Slop "Loses the Popular Vote"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 13, 2026
IRC logs for Friday, November 13, 2026
Gemini Links 14/11/2026: Code of Conduct, Back to Gemini, and Gemlog to Inbox
Links for the day
Slop Promotion, Including Paid-for Slop Promotion for So-called 'Linux' Foundation (Its Clients Are Slop Companies)
We've noticed a lot of this lately in "It's FOSS" and to a lesser degree in "FOSS Force"
Gemini Links 13/11/2026: Productivity Metrics and Antenna Outage
Links for the day
The Real Issue With The Register MS is Not the Politics of Some Staff's "Tweets", It's That The Register MS Publishes Fake Articles for Sponsors (50,000 Pounds Minimum)
AWS and Google each pay millions for fake articles which beget journalistic bias too (they literally pay the salaries of the 'reporters')
Microsoft Total Cost of Ownership (TCO): We Need Accountability Because Many People Die and It's Because of Microsoft Diehards or People Bribed by Microsoft to Deploy Microsoft Where Lives Are at Risk
They're trying to save face right now
What the Media Misses: It's Not an NVIDIA Issue, Super Micro Computer Inc Also Fell From $45 to $26 in the Period NVIDIA Lost 33% of Its Faked 'Value', NVIDIA is Collapsing Like Intel
History goes in circles
It's Not About China or Sex, It's About Corruption at NVIDIA and a Pyramid Scheme Perpetrated Under the Guise of "Hey Hi Revolution" (That Wasn't, It's Manufactured and Hyped by Bribes, Subsidised by Multi-Trillion-Dollar Loans, People's Pension Funds and More)
What's at stake here is a lot bigger than the "Ponzi hub" of Jensen Huang
No, You're Not a "Most Valuable Company" When Everything is Down for Half a Day in the Entire Planet
Still down, still no explanation (maybe they too aren't sure)
Waste of Money: Giving More Money to Toothless Regulators That Don't Even Examine Evidence
Shame in SRA
"Techrights Statement on Phoronix" Still Valid Five Years Later
Our position as stated in early 2022 has not changed
Vista 11's 'Growth' Has Stalled, It's Measured at Only 17.9% in the US This Year
That helps put in perspective Microsoft's attempt to discard almost 30% of its remaining workforce
"NVIDIA is Enron" (Subsidising the Pyramid Scheme That It Profited From), Microsoft is Next to be Down for the Count
Microsoft increasingly looks like the "next NVIDIA"
Richard Stallman Travels to South America to Give Talks About Free Software in Spanish, FSF Raises Money
The FSF is raising money (goal is $400,000) and the FSF has just mentioned the upcoming talks by the FSF's founder
United States Adding ~300 Billion in Government Debt Per Month, Wall Street Shaves Off Trillions in 'Value' in Less Than One Week
cushioning "assets" by helping them fake "value"
Microsoft: Pay Us for the Stuff That's Offline and We Cannot Fix
Learn to take control of the technology that you rely on
Links 13/11/2026: "Copyright-Strike-for-Hire" and "Stevie Wonder Photo Lawsuit"
Links for the day
The Slop Bubble (or Pyramid Scheme) Relied on Trust and Patience (Being Patient as Losses Grow and Debt Explodes, Trusting the Roadmap of Cheaters and Frauds)
Remember that it all began with trust
Anthropic's IPO Depends on $895.4 Billion in Debt (Money It Doesn't Have, It Loses Over 100 Billion Dollars Per Reporting Period), NVIDIA Has Just Lost Almost 2 Trillion Dollars In Value and Its Debt Trebled in Three Months
This coming week will be very, very entertaining for slop critics/sceptics to watch
At Microsoft, "Buyouts" or "Global Voluntary Separation Agreement" (GVSA) Not Much Different From Layoffs (Severance Shockingly Low)
From what we are able to gather, many people are leaving Microsoft 'voluntarily'
Is Microsoft the Next Fake-Valued Corporation to Lose 35% in "Market Value"? Is Slop Bringing Microsoft Down?
Will NDAs prevent people talking or journalists finding out the true cause?
Lorenzo Stoakes (ARM) the Latest of Many to Quit Linux Development Over Linus Torvalds' Obsession With Slop (Linus Wants to Work With Bots, Not Humans Who Understand Whatever Code They Write)
Linus caught the 'brain virus'
Silent Layoffs at IBM (and Red Hat) Continue in November 2026
IBM's CEO is "a Palliative Care Doctor Who Slides [IBM] Gently Into the Night"
Microsoft Asks 60,000 Workers to Leave, Some Leave, Services Go Down
Microsoft laid off about 40,000-50,000 people in past years
Gemini Links 13/11/2026: Roku Exits the Smart Home Market and Poor Reporting/Journalism Regarding Slop Plagiarism
Links for the day
Links 13/11/2026: "Apple Support Community Forums to Permanently Close" and "The Slop Market is Getting Nervous"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 12, 2026
IRC logs for Thursday, November 12, 2026