Bonum Certa Men Certa

Confirmed: Benoît Battistelli is Crushing the Enlarged Board of Appeal (EBoA)

Someone is going ballistic

Battistelli with Scud



Summary: New information surfaces regarding communication between the Administrative Council (AC) and Mr. Battistelli, who wishes to crush anyone whom he views (or is merely perceived) as a threat to his totalitarian reign

THE revolt of Benoît Battistelli has gone out of control. He is very angry at the institution he purports to be managing. The Stalinist fashion in which he 'disappears' his opposition and the North Korean fashion in which he pretends everyone is happy despite everyone being upset and depressed (not to mention repressed) is quite telling. The anger of Battistelli is revealing.



According to Merpel from IP Kat, Battistelli has truly gone bonkers. Napoleonic complex perhaps? He now goes after the Enlarged Board of Appeal (EBoA), not just any board, having already crushed some independent boards and Directorates-General (as we showed yesterday). To quote Merpel: "In the lead-up to this week's European Patent Office EPO) Administrative Council (AC) meeting, the AC delegates have received an extraordinary communication from the EPO President, Benoit Battistelli. In it, he asks the AC to disregard a key provision of the European Patent Convention, and to bypass the Enlarged Board of Appeal (EBA) which he accuses of not properly carrying out its duty."

“The AC may be prevented by law from dismissing the Board member concerned, but no such legal obstacle appears to prevent them sacking the President.”
      --Anonymous
Merpel's long article uses a humourous tone, but this is no humourous matter because people's jobs are at stake; these are honest, hard-working, well-educated people. "Merpel suggests the AC ought to politely thank the President," she wrote about Battistelli's memorandum, "and place it to one side, perhaps weighing it down and covering it with a copy of the EPC for emphasis. Then the AC should await the Enlarged Board's written reasons, and if it wishes to refer the matter again it can do so, avoiding whatever defects caused the inadmissibility of the initial request. If the EBA ultimately proposes dismissal, then the Board member will go; if not, then that's the outcome of the due process and so be it. In the meantime, Mr Battistelli might usefully be urged to return to the Office with a directive to spend more time building bridges and less time wiring them with dynamite."

There is clearly a cycle of muzzling and gagging here; it is enabled by evidently corrupt appointments that can encircle (outnumber) or corner any sign of possible dissent, even at the highest of levels and in principle independent, e.g. Chairman of the Enlarged Board of Appeal who is suspiciously absent after reportedly being dismissive of Battistelli's gross behaviour.

What we have here is a classic Streisand Effect recipe. It is being patiently cooked by Chef Battistelli and it won't help well, at least if the theory/premise of the Streisand Effect holds true. One anonymous comment in IP Kat says: "All the legitimacy of the EPO (office and organization) rests on the EPC. I hope the AC understands that following the proposed course denies this legitimation. There are two complaints before the Bundesverfassungsgericht on the alleged independence of the boards. How will the judges there see this proposal?"

Another anonymous comment in IP Kat speaks of dismissal of Battistelli himself: "The AC may be prevented by law from dismissing the Board member concerned, but no such legal obstacle appears to prevent them sacking the President. The reason for his dismissal has just been delivered by him to the AC, being an exhortation to break the law. Dismissing the President would legantly get the AC of a tricky situation (and any threats the President may have made to keep them in line would evaporate the moment he's been dismissed)."

"We still scrape the bottom of a very large iceberg such as the UPC and TPP etc."As SUEPO's site puts it today, "the Administrative Council (AC) delegates have received an extraordinary communication from Mr Battistelli. In it, he asks the AC to disregard a key provision of the European Patent Convention (EPC), and to bypass the Enlarged Board of Appeal (EBA) which he accuses of not properly carrying out its duty in a disciplinary case against a Board member. Mr Battistelli even recommends to go beyond the recommendation of the Disciplinary Committee and to reduce the pension of the soon-to-be-ex-Board member by one-third."

Stay tuned as we have plenty more to show. Tomorrow will be the second day of protests at the EPO and also the second day of the Administrative Council's gathering. This is a fight between a populist core of EPO workers (scientists) and EPO bureaucrats, who are clearly out of control (and fronting for large corporations, unlike honest public servants). See our Wiki for a detailed chronology of this long saga. We still scrape the bottom of a very large iceberg such as the UPC and TPP etc. Billionaires' interests are at stake here.

Recent Techrights' Posts

IBM Culling Workers or Pushing Them Out (So That It's Not Framed as Layoffs), Red Hat Mentioned Repeatedly Only Hours Ago
We all know what "reorg" means in the C-suite
Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day
Red Hat/IBM Crybullies, GNOME Foundation Bankruptcy, and Microsoft Moles (Operatives) Inside Debian
reminder of the dangers of Microsoft moles inside Debian
PsyOps 007: Paul Tagliamonte wanted Debian Press Team to have license to kill
Reprinted with permission from disguised.work
IBM Raleigh Layoffs (Home of Red Hat)
The former CEO left the company exactly a month ago
Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
Reprinted with permission from disguised.work
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails