Summary: Techrights takes a moment to respond to Daniel X. Thomas, who worries that his criticism of the way António Campinos handled G 1/21 can get him in trouble
THE Benoît Battistelli regime totally obliterated the independence of the Boards of Appeal at the EPO, including that of the highest boards (TBA, EBA/EBoA etc. not exempted from the bollocking and stacking). While it is true that over a decade ago our main critique of the EPO was its practice of granting European software patents "as such", we've since then covered so many other aspects. Until the EPO's management started bribing and blackmailing the media (even blogs like IP Kat) there was an opportunity to see lots of abuses; but then, the EPO's PR budget and legal budget (for lawyers who intimidate bloggers/blogs like IP Kat, Techrights and maybe even Daniel X. Thomas) squashed a lot of that coverage, except here. So now the EPO's head honcho du jour can focus on just ad hominem attacks on one person (yours truly).
"They constantly defame journalists and staff representatives (sometimes even judges!) and then they accuse them of "defamation"..."It's worth taking a moment to respond to a public post from Daniel X. Thomas, "Former Director at European Patent Office" (in his own words; this is how he identifies himself, first and foremost). A lot of the ad hominem attacks happen in private, behind my back, and are then used to justify (secret decisions by EPO management) to go as far as blocking IP Kat and blocking all Internet (Web and beyond) access to Techrights -- basically an utterly desperate effort to prevent people finding out about crimes of EPO management (they don't refute articles/accusations, they just attack the messengers; yes, just like in China...) and then they have the audacity to accuse others of what they're guilty of (projection/hypocrisy). They constantly defame journalists and staff representatives (sometimes even judges!) and then they accuse them of "defamation"...
Chilling.
By the way, now that we use Gemini (gemini://
protocol) people can access all Techrights articles from work, using any of the many Web proxies (there are dozens). Unless the EPO blocks all Gemini Web proxies (i.e. EPO blocks access to literally thousands of different sites!), these dictators cannot block Techrights, except by direct access. They play a game of whack-a-mole. Over gemini://
protocol we serve over 20,000 pages a day.
Before we proceed to the response, which is well overdue, it would be worth pointing out how amusing it is to see EPO managers (even directors!) past and present referring to software patents as "HEY HI" (AI) or "4IR" (along with other buzzwords/nonsense). Well, they clearly never coded or hacked on code, they just push software patents to fill their dirty pockets... and maybe not too shockingly those managers (even directors!) use Microsoft's proprietary software as their 'blogging' platform. Yes, Microsoft -- a top proponent of software patents, including the motor behind many of the European front/lobby/pressure groups that influence the EPO on these matters. We wrote about that countless times in the past. We named the culprits and proxies.
To be clear, Daniel X. Thomas seems like a nice person, but he is deeply misguided. The fact that he so openly supports software patents does not surprise me. In fact, what's the likelihood of an opponent of software patents rising to a director/top-level position at the EPO? I'm not sure why he decided to write this post, but he's probably just worrying about his pension (he did not retire so long ago) because right now his own words are used against his colleagues, who can retaliate against him. They already attack other EPO pensioners as well. There's that old saying, “[i]t is difficult to get a man to understand something, when his salary depends on his not understanding it.” (Upton Sinclair)
Since he comes from EPO management and he has made tons of money at the management tier there (without having to pay tax) maybe he prefers to think everything is rosy. Also, harm to the EPO's management puts his own pension at risk.
Thomas:
I have got the "honour" of being quoted in Techrights. http://techrights.org/2021/06/18/superficial-epo-coverage/ I have again had the “honour” of being quoted in Techrights. http://techrights.org/2021/06/20/the-epo-games/ Mr Schestowitz takes every opportunity to attack the EPO, and his methods are abject to say the least.
It is an “honour” I can do without as I do not agree to see my freedom of opinion repeatedly misused for a campaign against the EPO which I cannot support.
Lots of things might not be optimal at the EPO, but constant slanting it is not a way to help resolving the difficulties the EPO is going through.
I have said certain things about the way the first OP in G 1/21 went along, as my concern is the respect of existing legal rules.
I am convinced that without respect of legal rules we go back to the jungle and the right of the strongest prevails. This is not what I wish for myself, my children and grandchildren.
What I have said has actually nothing to do with my former quality as EPO staff.
It was the view of somebody interested in the topic as it concerns an institution is am still loyal to. Any objective observer could come to similar conclusions.
In view of the constant misuse of my honest opinion, I will now refrain from any statement relating to G 1/21.
I do not want to help this person to constantly attack the EPO.
It should also be kept in mind that beyond the personal attacks against some members of staff, the pet peeve of this person is the possibility of patenting programmes CII or even AI.
I said it many times, and repeat it once more, contrary to what Mr Schestowitz thinks, CII or even AI are not forbidden by the EPC.
The simple considerations as to why CII are well patentable under the EPC is apparently too complicated for Mr Schestowitz to enter in his brain. The doctrinal blindness and hatred of this person against the EPO is indeed flabbergasting.
Last but not least, attacking persons for their supposed likeness with other ones or for their hair colour is absolutely abject.
My son and my two grandchildren have red hair, and attacking a person for its hair colour is also attacking my family.
In view of this turn of events provoked by Mr Schestowitz I have to conclude that this person has managed to silence me due to my status of former staff of the EPO.
This does not withhold myself to have my idea about the topic and the procedure used to come to a decision. Some of the amicus curiae are quite eloquent in this respect.
I had to react. No opportunity to bash the EPO is missed by this person. And I do not want to contribute to this!
The more so since it appears that the only drive for this person is to bash the EPO because it grants patents on CII.
I rarely came across such stubbornness and stupidity.
I feel a deep loyalty to the organisation and I will not support such a behaviour against it.