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01.30.15

Text of Ruling/Decision Against Željko Topić (Regarding Audi as a Bribe)

Posted in Europe, Fraud, Patents at 5:35 am by Dr. Roy Schestowitz

Judge Marijan Bertalanič
Judge Marijan Bertalanič, photo from vecernji.hr

Summary: The legal loss of Željko Topić laid bear for the public to see even outside Croatia

THE DAY BEFORE YESTERDAY we learned that Željko Topić had lost his case in his home country, Croatia (where he is facing many criminal charges). Surely he hopes that nobody outside Croatia will find out, let alone have access to the text in a language like French, German, or English. But thanks to our sources we now have precisely that. It’s a ruling from Judge Bertalanič (pictured above).

Here is the relevant (original) document [PDF], which is a summary judgement (in Croatian). As promised a couple of days ago we now have this recent judgment of the Municipal Criminal Court of Zagreb relating to the defamation complaint which Mr. Topić filed against Ms. Vesna Stilin (classic gag attempt in our humble assessment because that would be a classic manoeuvre where one sues the messenger to intimidate and create an illusion of equality).

“The full judgement,” says our source, “including a detailed statement of the grounds is expected to become available in February.

“The summary judgment basically states that the accused (i.e. Ms. Stilin) has been “acquitted of the charges” ["OSLOBADJA SE OPTUZBE" in Croatian]. It then goes on to list the charges under items 1. and 2.

“The charges were based on the contents of two letters sent in 2010 by Ms. Stilin to the then Croatian Prime Minister Jadranka Kosor (with copies to various Ministries).

“The paragraphs in italics are passages from the letters which were alleged to be defamatory.

“Of particular interest is the accusation that Mr. Topić literally “purchased” his second term of office in 2008 by providing an Audi to the Minister at an estimated cost of 500.000 HRK (ca. EUR 66.000).”

Here is the relevant part:

“Topić Željko kupio je svoj drugi mandat ravnatelja DZIV-a, plativši cca 500.000,00 kuna MZOŠ u razdoblju od preko 2 godine (od svibnja 2007., kada je potpisan navedeni Ugovor, do srpnja 2009., kada je Primorac otišao iz Ministarstva), što spominjem, uz ostalo i u Ustavnoj tužbi br.: U-III 5023/08 koja je još u rješavanju, gdje osporavam Topićevo imenovanje za ravnatelja… …..Naime, podnijela sam kandidaturu za ravnateljicu Zavoda nakon što je isti krajem 2007. potajno… ukinuo moj sector …”

“The court found that the assertions which Ms. Stilin made about Mr. Topić were not defamatory,” said our source for this. “The summary judgment concludes by stating that the plaintiff (i.e. Mr. Topić) is to bear all costs.

“It would be interesting to know whether EPO funds are going to be used for this purpose.”

This last remark alludes to the fact that when Topić travels to Croatia to face justice he labels it business trips or something along those lines. The last thing he wants is informed colleagues who know where he is coming from. Sooner or later we might see this man in prison, not just outside the top floors of the EPO. Battistelli has got quite a liability in his hands.

01.20.15

Vesna Stilin Renews Her Fight for Justice in Željko Topić Case (EPO VP)

Posted in Europe, Fraud, Patents at 7:27 am by Dr. Roy Schestowitz

Summary: Željko Topić’s abuses continue to cloud the legitimacy of the European Patent Office, in which he is a Vice-President

SEVERAL days ago we highlighted Željko Topić’s skeletons (in his closet), noting that Vesna Stilin, whom we mentioned in several older articles of ours (she is one of Topić’s victims), was trying to bring light to Topić’s past. In the future we intend to show more of the history of Stilin’s fights and arguments with Topić, but today we would like to focus on her call to retract a retraction.

This Croatian “request for rectification” has been submitted to the Croatian Web site 45lines.com, which is operated by Zeljko Peratovic. After Peratovic had written an expose about Topić it mysteriously got taken down, under circumstances that we explained on Sunday. Our guess is that Peratovic is unlikely to publish his article once again, at least based on our supposition that he was scared into removing it voluntarily.

Our readers sent us an English translation of Stilin’s letter to 45lines.com and it goes as follows:

Submitted by: Vesna Stilin LL.B

Subject: Request for rectification of published information

I refer to the article on the website 45lines.com titled “A wrong man sitting in EPO? – Apology to Željko Topić: Regarding the deleted article regarding EPO”, which was published in Croatian on 16 December 2014 and in English on 19 December 2014 on the aforementioned portal, and which contains some incorrect and incomplete information:

http://45lines.com/isprika-zeljku-topicu-osvrt-na-obrisani-tekst-o-epo-u/

http://en.45lines.com/apology-zeljko-topic-regarding-deleted-article-regarding-epo/

For the purpose of providing the public with objective and complete information, and in accordance with the provisions of the Article 40 of the Croatian Media Act (Official Gazette
59/04), I hereby kindly request you to publish the following rectification.

Motivated by the “Apology” of the journalist Željko Peratović to Željko Topić, former Director of the State Intellectual Property Office (SIPO), I would like to point out the following concerning the text of said “Apology” the accuracy of which is disputed:

The author of the “Apology”, Mr. Peratović, omits to mention the names of the three independent sources who, according to his claims, deceived him when he wrote the article “A wrong man
sitting in EPO” and which moved him to delete the original article and to apologize to Željko Topić by publishing a new article (i.e. the disputed “Apology”). Nevertheless, I consider that the following statement made by Mr. Peratovic in the disputed “Apology” implicitly refers to me:

“I have also wrote [sic] that it is a big corruption affair which grew outside the Croatian borders and that many criminal complaints have been filed and lawsuits led against him in Croatia. Now it is clear that all the criminal complaints that were initiated against Željko Topić are coming from the same source and that the only lawsuit is led for alleged slander. That lawsuit was completely refuted in court and he was completely acquitted of any responsibility.”

[Source: http://en.45lines.com/apology-zeljko-topic-regarding-deleted-article-regarding-epo/]

The above claim has been persistently and repeatedly made by Željko Topić, but it is untrue. In the disputed “Apology” Mr. Peratović restates this false claim in an apparent attempt to lend
credibility to it.

I am aware that, apart from myself, a number of other persons both from inside and from outside the SIPO have brought criminal charges and/or initiated civil proceedings against Željko Topić. With regard to matters concerning Željko Topić and myself, two private lawsuits are pending (in the first case I am the plaintiff, whereas in second case Mr. Topić is the plaintiff evidently encouraged by the lack of official oversight of the SIPO). With regard to the first private lawsuit which is the one referred to by Mr. Peratović in his “Apology”, following 6 court judgments (as a consequence of repeated remittals to the court of first instance following appeal) and what I consider to have been perjury on the part of Željko Topić’s deputy, the matter is now awaiting resolution before the Constitutional Court of the Republic of Croatia. With regard to the second private lawsuit in which Željko Topić is the plaintiff, I expect the first instance judgment to be delivered by the end of this month (i.e. January 2015).

In addition, I have filed a criminal complaint against Željko Topić in connection with a number of allegedly criminal actions which should be prosecuted ex officio. Following a request which I made in December 2014 to expedite the proceedings, I received a response from the District Public Prosecutor in Zagreb which, in essence, states the following:

“In the criminal case in question ….. we inform you that the complicated process of checking your allegations, as well as allegations from other sources, is in progress in order to determine whether the actions of Željko Topić, in his capacity as the Director of the State Intellectual Property Office and the actions of other responsible persons in that Office or other government bodies comprise the essential features of criminal offences subject to public prosecution.”

“I intend to submit evidence to Mr. Peratović regarding the above statements and expect him to do his job as investigative journalist. I am confident that afterwards he will have to issue a further apology, but this time it will not be to Željko Topić.”In his professional capacity as an investigative journalist, it would be useful for Mr. Peratović to find out what “other criminal proceedings” (as indicated in the Minutes of the Municipal Criminal Court in Zagreb – hereinafter MCC – from 4/5/2010, under No. K-163/09, in the Judgment of 31/5/2010 MCC, under no. K-163/09, and in the Judgment of 23/5/2011 MCC, under no. 34 K-238/10) were in progress against Željko Topić prior to his re-appointment as SIPO Director in early 2012 by the current Prime Minister Zoran Milanović, particularly in view of the fact that the competent supervisory Ministry of Science, Education and Sports does not appear to have reacted in spite of the warnings which it received. At the same time, there is an open question as to whether the Prime Minister Milanović was aware of the fact that the wife of his chef-de-cabinet Tomislav Saucha, i.e. Ms. Ivana Saucha, is a partner in the law firm which represents Željko Topić in court proceedings, and whether these circumstances might have had any influence on the Prime Minister’s decision to re-appoint Mr. Topić as the Director of the SIPO. Another question to be asked is why Mr. Topić reacted by filing a private lawsuit against me in April 2013, claiming inter alia that the Minutes of the MCC erroneously stated that he was “subject to a second criminal proceedings” given that he failed to react to this three years earlier when said allegation was noted in the Minutes of the MCC (4/5/2010) and in the aforementioned court Judgments (31/5/2010 and 23/5/2011). I note that the lawsuit which Mr. Topić filed against me in April 2013 has been decided in my favor in the meantime by both first and second instance courts.

I understand that the original documents reproduced along with the deleted article “A wrong man sitting in EPO?” are in the possession of a former Director of the SIPO, Mr. Hrvoje Junašević, and an official who worked as a representative at the SIPO, and that the aforementioned persons are willing to provide any explanation which may be required concerning the published documents.

I intend to submit evidence to Mr. Peratović regarding the above statements and expect him to do his job as investigative journalist. I am confident that afterwards he will have to issue a further apology, but this time it will not be to Željko Topić.

Pursuant to Article 41 of the Media Act, it is requested that this rectification be published in the same font size as the text and title and in the same section as the article to which it relates and that the rectification be linked to said article by a highlighted link.

VESNA STILIN LL.B

Date: 19 January 2015

This is not the end of it because we have just learned about a resignation, potentially resulting from some of these ugly affairs. We will write about it later this week.

01.13.15

Microsoft Wastes Taxpayers’ Money by Fighting IRS After Evading Tax for Decades

Posted in Finance, Fraud, Microsoft at 12:09 pm by Dr. Roy Schestowitz

An accounting calculator

Summary: The nerve of Microsoft wasting taxpayers’ money in addition to evading tax, costing many billions of dollars to the US economy and countless billions outside the US while bullying regulators who dare to investigate the matter

ONE of Microsoft‘s very many abuses is avoidance of tax, not only in the US but also in Europe, Asia, and so on. The company hardly has a track record of obeying the law, so why make an exception when it comes to taxes?

“Microsoft continues to thrive in and promote lawlessness.”Microsoft really showed how arrogant it is when it attacked the IRS for merely investigating Microsoft (i.e. doing its job). It’s unprecedented bullying that one can expect from no company other than Microsoft because Microsoft has a past of criminal tax violations. It bribed people to make the charges go away and eventually settled with the investigators. Even Microsoft whistleblowers get bribed by Microsoft. Rich companies can get away with just about everything, provided they have government connections and enough money to bribe with.

Based on this new report, Microsoft is already abusing the IRS to the point where the IRS needs to spend millions of dollars on lawyers:

The software behemoth is battling the agency over whether it pushed profits offshore to skirt taxes. It’s the latest case to test IRS firepower in cracking down on similar tax maneuvers by other technology companies, which can save hundreds of millions using the tactics.

Both are playing hardball: The IRS, which is spending $2 million on outside legal guns to fight the case, also issued a summons to compel former CEO Steve Ballmer to testify, while Microsoft shot back with legal demands of its own, accusing the agency of hitting it with a “fusillade.”

The legal fees paid by the IRS are basically derived from tax budget. The bills are passed to the very same taxpayers which Microsoft deprived; so by attacking the enforcer over tax violations (over its own crimes) Microsoft basically wasted yet more tax money. How insidious is that? In Spain, a banker sued the judge who punished him for his crimes. This is even worse because the public pays the legal bills. Microsoft continues to thrive in and promote lawlessness.

11.28.14

Microsoft Found to Have Broken the Law in China (Tax Evasion), Just Like Practically Everywhere

Posted in Asia, Finance, Fraud, Microsoft at 5:53 am by Dr. Roy Schestowitz

Things must be grim when China is upholding the law whereas the West refuses to

HK, China

Summary: China is reportedly taking action against Microsoft’s notorious habit of tax evasion and fining the company well over $100 million

NOW THAT Microsoft has been found to be evading tax (a crime, but not one that executives of large corporations often go to jail for) and fined for it in a nation as large as China (just like in India half a decade ago, as well as in other places) is the US going to follow suit? Last week we showed that the IRS was on this case, so Microsoft began bullying the IRS (the vanity of corporations that control their government).

“”Remember when Microsoft China offices were raided (just earlier this year on numerous occasions and its patent extortion plot was targeted by the Chinese authorities? Well, it sure seems like China enforcing the law against massive criminals like Microsoft, setting a good precedent that US and Europe should follow. To quote the new report: “Microsoft has reportedly been issued with a charge for £87 million in back-taxes following an investigation into alleged tax evasion by the Chinese authorities.”

For those who still associate Microsoft with something other than crime and corruption, the news report above can serve as a valuable wake-up call.

11.26.14

US Government Finally Probes Microsoft Over Financial Fraud, Microsoft Then Bullies the Government With a Lawsuit

Posted in Fraud, Microsoft at 3:20 am by Dr. Roy Schestowitz

How DARE the government investigate us?

Law badge

Summary: Microsoft is finally being investigated — perhaps properly too — for its well-known tax abuses that have so far proved that Microsoft is “too big to jail”; Microsoft is suing the investigator, exerting its abusive power to discourage further investigation

MICROSOFT’S track record of dirty tricks [1, 2, 3, 4] is not the same as its track record of crime because one thing should have executives put in prison, whereas the other one cannot. Laws and ethics often intersect, but not always.

Microsoft with its above-the-law and criminal-minded attitude continues to surprise nobody. It turns out that it is suing the government of the US, like that banker in Spain who sued a judge for ruling against him for his crimes.

Microsoft’s tax abuses are well documented and many. Now that the IRS is finally going after a huge criminal, Microsoft, the monopolist responds with a defensive lawsuit — a strategy which often gets used to obscure the burden of guilt.

The Register deserves credit for this report that says: “The US Internal Revenue Service has been digging into Microsoft’s tax records from 2004 through 2009, and Redmond has filed a lawsuit against the government to find out why.” As Robert Pogson put it, Microsoft is “used to extorting money from users with audits [and] is now being probed by IRS for the way it shifts money around the globe to dodge taxes. It would be a big hit if IRS could prove the money was earned in Redmond, WA and they were due a decade of triple income-tax.”

It’s quite obvious why there is a probe to those of us who have watched and covered Microsoft for a number of years. We wrote dozens of articles on this very topic. IRS is merely doing its job in this case — not political witch-hunts but going after corporations with a bad track record. Microsoft was caught engaging in financial fraud, whereupon it bribed those who reported it to make the trouble go away, back in the 1990s. Nothing has changed since then, except perhaps the fact that many Microsoft executives entered the government (around the time of antitrust action).

10.06.14

Microsoft Reinforces Its Criminal Organisation Status by Bribing and Corrupting More Officials, Even in Europe

Posted in Europe, Fraud, Free/Libre Software, Microsoft at 2:53 pm by Dr. Roy Schestowitz

Some fingerprints

Summary: More criminal activity from Microsoft in Romania and a new TV programme that sheds light on Microsoft’s dirty assault on Free software in France

Bribes can be passed in all sorts of ways (e.g. promise of a job for a spouse, revolving doors, nepotism with verbal contracts). We have given many examples of Microsoft bribes over the years and last year it was reported that Microsoft had bribed officials in some of the largest countries in Asia and there was an investigation into it; maybe Microsoft bribed or somehow silenced the investigators too has we have not heard anything about it since then (some of these countries, however, have in the mean time shunned Microsoft). Some of the bribes we covered involved OOXML, a deeply monopolistic ’cause’ which had bribes given to officials in many countries including Romania, where Microsoft routinely uses infiltration as a strategy. For Microsoft to impose NSA back doors on the whole world takes some audacity and it shows that no strategy is beyond the acceptable; just watch how the NSA took a whole country (Syria) offline, cracked the network of a national technology giant (Huawei), and actively supported assassinations, even of US informants. No nation should ever even consider using Microsoft anywhere in its infrastructure, but what happens when bribed are introduced? Now we have yet another example of Microsoft corruption in Romania:

‘Microsoftgate’ scandal rocks Romania

The Romanian National Anti-corruption Directorate (DNA) is currently seeking approval to begin criminal investigations for office misconduct and corruption in an unfolding scandal the press has dubbed ‘MicrosoftGate’. EurActiv Romania reports.

The accusations are related to public procurement procedures for Microsoft licenses intended for schools. Ministers are suspected of having taken bribes for facilitating the conclusion and ensuring the continuation of an illegal contract with Fujitsu Siemens Computers for leasing Microsoft licenses at over-inflated prices.

The case started last summer after the Control Body of the Prime Minister was notified about the existence of a series of irregularities at the Ministry of Information Society and the Ministry of Education concerning the leasing of IT educational licenses.

Several former ministers, heads of the Secretariat-General of the government, as well as Microsoft officials, have been questioned by Romanian prosecutors. More recently, the Chief Prosecutor of the DNA requested that the general prosecutor of the office attached to the High Court of Cassation and Justice seek approval from the Senate, the Chamber of Deputies, the Romanian president and the European Parliament to start criminal investigations against nine former Romanian ministers.

Microsoft is not quite a “company” per se; it is almost like a crime syndicate that uses rogue (tainted) contracts for revenue and bribes officials for them. A government delegate once compared Microsoft's methods to “Scientology cult” and this new TV programming from France shows just how far Microsoft “lobbying” goes.

Thanks to the working group transcripts of April we managed to get an automated translation too English. Transcript below:

Journalist : France today begins its digital. So we have to buy hardware: tablets, computers, interactive whiteboards, but also virtually non-existent in the hexagon educational software. The British market, however, is overflowing already. We are in London, BETT, the show for educational technology. Everyone from digital to school has given them appointment.

English students in uniform, singing around shelves.

Journalist : We find Mrs. Becchetti-Bizot, the new head of digital in Education.

Speaker : I present the company Education City.

Journalist : It came out what could soon equip our schools.

Jamie Southerington, commercial Education City : Let me show you what we can offer in French. We have activities for students of three years. If you have an interactive whiteboard in your classroom, it was the software that allows children to learn the alphabet by singing. Well, just press here.

Catherine Becchetti-Bizot, responsible for the direction for the educational digital : I am very surprised by the richness and diversity of what is proposed by the vitality of small businesses that are there and really trying to adapt to the needs of the teaching community.

Reporter : Today the Department of Education is ready to provide all children in tablets?

Mrs. Becchetti-Bizot : The Department is not ready to buy for all, it would be impossible, can you imagine the price that would be! However it is ready to partner, to imagine consortia with communities and businesses, perhaps, perhaps! I do not know if we’ll do it, but we will try to do that, to effectively we can encourage, facilitate equipment.

Journalist : Partnerships who dream because the industrial market to win is huge. Globally, it is estimated at 100 billion euros and growth forecasts give the spin: more than 1500% in the next decade.

Today, the market leader in educational tablet is Apple. Yet the brand has no official stand on the show, preferring to highlight its suppliers of content, the famous educational software.

Why is Apple company absent the show?

Mark Herman, Albion : Because we no longer need to explain what an iPad. Everyone knows what it is. However one has to take people by the hand and let them demonstrations to show them the educational potential of our software. Then they can decide if they are interested or want to buy from our competitors and that is where we are useful. We are here to advise schools not to force their hand. But you know, we have equipped schools, there has been incredible changes and it’s a real motivation for us.

Reporter : For industry, this software is the best way to attract customers in their nets. Once purchased, you become dependent on their computer system. In most cases, your Mac software is usable by a computer or a Mac tablet. Ditto for the PC. We went to the other giant digital, Microsoft. To discover their marketing strategy, they invite us into a showroom software and educational materials to Paris. This place was named immersive class.

Teacher : That’s it. You sit in the pit there.

Journalist : Set up two years ago at the company’s headquarters here the teachers and students are invited to discover tomorrow’s school according to Microsoft.

Nao Robot : Hello. I’m Nao, a humanoid robot. I come from the planet Saturn.

Journalist : That day, a retired teacher, hired by the multinational, we made ​​a small demonstration in front of some guinea pigs.

Prof : What is it?

Kids : It’s the land.

Prof : We’ll have to write the names of the planets. You take this pen, here you choose a color.

Journalist : The goal: to seduce the students and their teachers to schools to sell a classroom of the future, turnkey.

Prof : Let’s go get a picture of a book.

Children : Oh! Lava and smoke!

Prof : Well, that comes out. After it comes out of where?

Journalist : The man who had the idea of this showroom is Thierry de Vulpillières, education manager at Microsoft France.

“…the law forbids to advertise in schools. So to get around the problem, Microsoft has found another strategy. We’ll show you how, for years, the American company infiltrates National Education to sell its products.”Thierry de Vulpillières, head of Microsoft France Education : We at Microsoft. Our subject is to help the passion for the education of teachers and students. 55% of French children are bored in school. It’s a shame. Well it’s because we will move the way we teach and we will involve more students these tools come naturally fit into this new way of learning. What we want is that indeed all students can benefit from digital. I would love there to be 11 million tablets in the hands of every student.

Journalist : The difficulty of Thierry Vulpillières: the law forbids to advertise in schools. So to get around the problem, Microsoft has found another strategy. We’ll show you how, for years, the American company infiltrates National Education to sell its products. The man who found out about roses is Alexis Kauffmann, a math teacher. In 2008 he went to the site Innovative Education Forum, a forum sponsored by the National Education, where teachers have educational projects. Alexis discovers a photo that plot, that of this little Asian girl sitting in a classroom.

Alexis Kauffmann, math teacher : I was able to show that the site of the first forum of innovative teachers using the images we found on the official websites of Microsoft. You could tell they were a little sloppy, they have not even taken the trouble to make up the task of changing images.

Journalist : Oh yes, they reversed.

Alexis Kauffmann : Yes they reversed.

Reporter : Alexis wants to know why a photo is featured on the Microsoft site. He then discovers that the multinational is behind these forums and continues to fund discreetly.

We went to the last forum for innovative teachers. This year it is held at the Regional Council of Aquitaine. In the lobby, teachers present their projects.

Teacher : There is no class, in fact, it is a space that is completely open to life. One lot in life …

Journalist : On the platform of representatives of teachers, the Regional Council and the Ministry of Education

Jean-Yves Capul, Deputy Director of Digital Development, Education : Management of Digital Education was wanted by the Minister as a direction for educational purposes. This is the pedagogy and not technology that is the heart of this direction, even if the aim was to combine the two aspects, education and information systems and technology.

Journalist : In the audience in the front row, sitting behind the plant, Thierry de Vulpillières, Mr. Microsoft. Alexis Kauffmann came asking for more transparency in the financial involvement of the multinational forum.

Alexis Kauffmann : What is the sum allocated by Microsoft for this type of event, for example?

Thierry de Vulpillières : Me I do not give a number. The sum is marginal today on the organization of this forum. Unfortunately. I’m glad you ask me …

Alexis Kauffmann : Since the first time, Serge Pouts-Lajus launched a number, it was almost 50% of the budget.

Thierry de Vulpillières : I think it has never exceeded 50%, but actually it was in the order of 50%.

Alexis Kauffmann : It’s hard, even when enough!

Thierry de Vulpillières : Absolutely! And we are very proud to support that event.

Alexis Kauffmann : Okay.

Reporter : Thierry de Vulpillières will not say more. Sponsorship remains discreet. Some teachers do not even have knowledge.

This is an event that is largely funded by Microsoft. It inspires you what?

Christophe Viscogliosi economics professor : That I did not know already, first. And secondly it would have been better than the national education fully fund this type of forum.

Journalist : Why?

Professor of Economics : There is a potential conflict of interest. I did not necessarily want to be forced to use Microsoft products in progress.

Reporter : Thierry de Vulpillières is the only industrial digital world present here. From stand to stand, it maintains its network with faculty.

Thierry de Vulpillières Laurence June This is not the first forum.

Laurence June, Professor of French : No.

Thierry de Vulpillières And paradoxically it seems that we are in a stand of handicrafts. You see son and wool. This is a teacher who was one of the first teachers to use Twitter.

Professor of French Twitter that allows students to communicate, that is to say we are in a classroom, but it opens. We did projects where communication was contacted politicians, writers and journalists. Short exchanges, which led us to do larger projects, meetings, writings and exchanges.

Journalist : Adept Internet, the teacher becomes a target for Microsoft representative. This morning he offered his ten tablets Professor of French class was fortunate to have five computer stations, this is not the case all the time. Perhaps we will have tablets.

Journalist : Microsoft?

Laurence June, a French teacher : Yes.

Thierry de Vulpillières : Small areas will land home.

Professor of French : The good news. The forums also allow these exchanges there.

Journalist : Ten tablets offered to try to take the market in an establishment of seven hundred students. Microsoft has set up a well-rehearsed with faculty and hierarchy lobby. We were able to get that invitation sent to certain officials of the Ministry of Education. The Academy of Paris invites them to discover digital innovation at Microsoft headquarters. Program immersive class. Remember, the showroom Microsoft invented for the promotion of the classroom of the future. Alexis Kauffmann is the neutrality of the school that is harmed.

Alexis Kauffmann : What is outrageous is that academic information day, training, study, around digital is found in Microsoft. It has absolutely nothing to do with Microsoft, simply. Do we imagine the Ministry of Agriculture organize study days at Monsanto for example? No!

Journalist : We went to present the invitation to the new director of digital education.

On May 28 there was the Academy of Paris organized a day of innovation at Microsoft headquarters.

Catherine Becchetti-Bizot : Yes, the rector of Paris made ​​the event at Microsoft headquarters.

Reporter : You do not see that it’s a bit much, it may be a collusion of interest.

Catherine Becchetti-Bizot : Yes, I found out the same day.

Reporter : Were you there?

Catherine Becchetti-Bizot : Ah, I was not there! I would not go there because I think there is a confusion of genres. I do not disagree with the President, I think there is a kind of naivete that there was no will to promote Microsoft. Reporter: But you are against?

Catherine Becchetti-Bizot : I am neither for nor against. I think it is not a policy of the Ministry of Education to organize that, with Microsoft in particular, things of that guy, and it will actually fit. It’s also one of the immediate projects I have in opening this direction is clearly align our corporate partnerships.

Journalist : Multinationals have powerful lobbies and nothing seems to stop them in their conquest of the school of the future. Recently they attacked an amendment to the law of rebuilding the school. The amendment proposed that our school prioritizes the use of free software. Free software is the bane of high-tech enterprises. They can be created, shared, and modified by anyone and they are almost always free. A system that competes digital giants. It’s Green MP Isabelle Attard offering this amendment to the Assembly in favor of free software.

Isabelle Attard, MP for Calvados : This amendment has been fully validated by the Culture and Education Committee for first reading in the Assembly, the Senate also. And when the text comes in second reading in the Assembly, we see that the union of the digital sector, Syntec, just sent a press release to alert precisely this amendment accepted by the Assembly and the Senate, on the overhaul law school.

Reporter : Here’s the press syndicate of digital companies. A very alarming statement: “These provisions will handicap seriously most firms already in this industry.” He was sent to the press, all members and to the Minister of Education at the time, Vincent Peillon. While Isabelle Attard amendment would have allowed the state to make significant savings, Vincent Peillon back.

How do you explain this?

Isabelle Attard : Because there is a lobby and incredible pressure from the largest proprietary software and, as I said, Microsoft is the biggest.

Journalist : We have tried repeatedly to contact the former minister for him to explain his reverse. He refused.

Anyone who still treats Microsoft like an ordinary company does this at his or her own peril. Microsoft is a criminal organisation and it should be regarded as such.

09.22.14

European Patent Office/Organisation – Suspicion of Improper Collusion Between EPO President and Chairman of the Administrative Council: Part III

Posted in Europe, Fraud, Patents at 10:50 am by Dr. Roy Schestowitz

Inner circle of Battistelli

Inner circle of Battistelli [PDF]

Summary: A preliminary look at Battistelli’s reign and how regulatory powers got abolished, leaving the EPO reckless and largely unaccountable

THIS is our third (hopefully among many) outline of EPO abuses. It’s the third instalment in a multi-part series about the European Patent Organisation/Office, which is rotten to its core. EPO — like Google — has enjoyed positive public perception for too long. It’s time to shatter the myths of professionalism and innovation.

Having studied dozens of documents and articles about this topic (usually translations because the English-speaking press mostly overlooks these issues), we are shocked to see just to what extent the EPO engages in dirty tactics, conflicts of interest, and revolving doors. It’s no better than the FCC or CAFC.

Readers who saw the first Techrights article on this topic (focusing on Topić’s appointment) sent us some valuable feedback. Alex Weir, for example, told us: “I read with interest your piece on corruption in the EPO, from my personal experience there have been questions regarding the EPO and corruption in relation to EC contracts and relations with China since the late 1990s, I am sure if you dig you will come up with more evidence.”

Today’s article focuses on Battistelli, the EPO’s President. As we keep getting sent more dirt about the EPO it is hard to say just how many future articles will revolve around his own scandals, which are unique because they show how abuses can go all the way up to the top (EPO President is the highest position).

One person told us on Diaspora that “Richard Stallman has said that the EPO is corrupt a few times, before this man [Topić] was put in charge.

“Thanks for bring up the issue.

“It seems to be the fault of the European Commission,” he added, citing this as an example. Quoting Stallman: “The EU administrators said they would let each country decide whether to allow genetically modified crops, but the proposed implementation is a trap. It has legal flaws, so these one-country bans might then be overturned.

“It is not unusual for the European Commission to make treacherous proposals. For instance, the “computer-related inventions” directive was written so it would appear to rule out software patents, but in fact would have authorized them. ”

“He wrote a lot about the EC’s nasty trick at the time,” said the person about Stallman. We too covered it for years, in video form also. The EPO derives its power from an administration which in its own right is relatively immature (like the Union) and ripe for abuse.

So let’s take a look at what Battistelli is not so well known for.

“Here is a link to an interview with Mr. Paul Ernst,” said our source, “who was a member of the (now abolished) EPO Audit Committee.

“His comments on the function of the Audit Committee and its abolition may be of interest.”

Here for example (with emphasis added) is what he said about the Audit Committee:

The dissolution of the Audit Committee at EPO was justified with the argument that the Audit Committee’s tasks are already carried out by Internal Audit and the Board of Auditors (BOA). What is your view on this?

Paul Ernst: The reasoning behind the decision reveals a lamentable ignorance of the fundamental role of an Audit Committee.
The Audit Committee can be seen as an answer to the famous question „who audits the auditor?“
The Audit Committee reports directly to the Administrative Council, whereas Internal Audit reports to the President and has no right to address the Administrative Council directly.
The Audit Committee protects the independence of both audit functions and observes the coordination between Internal Audit and External Audit, and the follow-up given to audit recommendations.

The Audit Committee should also raise its voice if a significant conflict of interest is discovered, e.g. a close relationship between a member of the BOA or the Internal Auditor or the Chair of the governing body and the chief executive.
There is no other institution that plays a similar role. These are significant differences that demonstrate that the Audit Committee does not duplicate the work of the Internal Auditor nor the Board of Auditors.

“Note,” said our source about Battistelli, quoting the following part: “The Audit Committee should also raise its voice if a significant conflict of interest is discovered, e.g. a close relationship between a member of the BOA or the Internal Auditor or the Chair of the governing body and the chief executive.”

“This is precisely the situation that exists between Battistelli (chief executive) and Angermann (member of the BOA),” explains our source. “However, as there is no longer any independent Audit Committee, it cannot raise its voice in the matter … how convenient for Battistelli.

“The problems of EPO governance arising from the abolition of the Audit Committee have been noted by the French Senator Jean-Yves Leconte in an open letter which he sent to French Ministers earlier this year.”

To quote: “En supprimant de facto l’indépendance de l’audit externe des comptes (budget de l’organisation 2 000 M€) la transparence sur les évolutions de l’OEB ne sera plus de mise. Et ceci sera aggravé par l’absence de contrôle interne crédible lié à l’évolution des relations internes à l’institution” (full text of the letter is available in French).

“The point to note here,” says our source, “is that the French Government is fully informed about the various problems at the EPO but it nevertheless supported Battistelli’s re-appointment in June of this year.”

Nationalism first.

“The problems with the EPO’s audit mechanisms were mentioned briefly in a report by WIPR in June of this year,” said our source, pointing us at the article “EPO staff in Battistelli fight”. The article states: “Staff have also claimed that the “overall governance” structure has been weakened by the audit committee being abolished without the administrative council knowing, and that Battistelli has put a “previous collaborator” from the French Patent Office in the “key post” of external auditor.”

Full details of this were made available to us in the form of copies of the Administrative Council documents referred to above (for readers’ information and for future reference).

“These documents are not classified as confidential so in principle they can be made publicly available,” explained our source.

The documents are as follows:

  • CA-140-08-EN – 2008 – Audit Committee: possible models
  • CA-32-09-EN – 2009 – EPO Audit Committee: draft terms of reference
  • CA-33-09-EN – 2009 – Draft decision setting up an Audit Committee
  • CA-D9-09-EN – 2009 – Establishing an Audit Committee of the Administrative Council
  • CA-100-11-EN – 2011 – Internal appeal against CA/D 4/11
  • CA-D4-11-EN – 2011 – Decision of the Administrative Council
  • CA-55-11-EN – 2011 – Disbanding the Audit Committee

Notice the trend based on the chronology. Audit no more!

Next week we are going to show the ‘special relationship’ between Battistelli, the notorious Topić (known for corruption in his home coutry), and other administrative elements that seemingly collude to keep themselves and their networks in power, feeding off the European economy to do a disservice to Europe. In parts 4 and 5 we are going to shed more light on how the EPO was captured by hawks and wolves — people who should have never acquired such positions of power where they exploit a public institution for power and greed.

08.26.14

Microsoft’s Massive Tax Evasion Becomes Better Known

Posted in Bill Gates, Finance, Fraud, Microsoft at 11:26 am by Dr. Roy Schestowitz

Summary: A new report about Microsoft’s admission that it plays dirty tricks with tax (sometimes using moles in government) is increasing awareness of Microsoft’s criminal aspects

Microsoft does not like paying tax. Microsoft is above the law, so why should it bother paying tax? Just like Bill Gates it is robbing the public while pretending to have little to do with national deficit, Microsoft is actually looting the US and many other parts of the world where it uses similar tricks. India found Microsoft guilty half a decade ago.

Last week when we wrote about Chile we mentioned reports about Microsoft’s colossal tax evasion. Professor Diane Ravitch, who has been watching Gates for years and called for investigation against him, responded as follows:

That kind of money, repatriated to the United States, could underwrite prenatal care for low-income women, provide early childhood education for all low-income children, underwrite medical clinics in low-income communities, and save public education in cities like Detroit and Philadelphia, where it is in dire peril. Imagine $550 billion invested in the well-being of our children! Imagine using that money to reduce our child poverty rate, which is currently the highest among the advanced nations of the world.

The comments are worth seeing too. To quote the first comment: “Perhaps it’s time for Bill Gates teflon coated self be put in jail for tax evasion, after he coughs up back taxes…..One can have hope or fantisize”

The other comments focus on Gates’ corrupt characters and are hardly any favourable than the above.

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