Bonum Certa Men Certa

Source: EPO's Administrative Council Not Pursuing Battistelli's Witch-hunt Against a Judge Anymore

Killing the messenger?

Killing the messenger
When the system which protects its own power deals with those who report abuses as the cause of all problems and the sole instance of abuse



Summary: The efforts to undermine communication of internal issues inside the EPO are no longer assisted by the Administrative Council, unlike several months ago

THE Administrative Council of the Organisation is finally growing a pair. It is willing to say "No" to Battistelli, so it's not just the Enlarged Board of Appeal saying "No" to the Administrative Council after the Council had said "Yes" to Battistelli. It's an important sign of progress which may also mean that the suspended judge has his job secured (at least until cutoff/nomination stage). After all, allegedly blowing the whistle on abuses by Team Battistelli shouldn't be a crime, should it? Based on what we know about the story (which is quite a lot), the judge is likely a whistleblower. This is why Battistelli and his inner circle felt so afraid, even intimidated. Knowledge or information is a great danger to them.



As pointed out this morning, the latest rumour is that Battistelli might be on his way out and only the details are up for (private) negotiation at this stage or at some later stage (some say in a March meeting). We hear several different stories from different people, but rarely do these stories contradict one another, so while no single story is necessarily 100% accurate, the truth is probably somewhere in the middle. These rumours don't come from a vacuum and it's possible for Battistelli to try hard to change course of action to 'prove' (by intervention) the rumours 'wrong', though not totally unsubstantiated at the time they were spread.

“Presumably, since the President's immunity as recited in A.13, Protocol on Privileges and Immunities, refers to privileges accorded to diplomatic agents, he is not subject to immunity in his home country and so the innocent judge could sue him there for defamation.”
      --Anonymous
According to this new comment: "At the protest held this Wednesday in Munich, it was announced that the Administrative Counsel [sic] had recently withdrawn its second request to the Enlarged Board of Appeal that a patent judge be dismissed. The AC seems to have finally understood that the accusations brought forward by the President and his minions were unsubstantiated, as had been ruled by the EBA in relation the first request, and that it had been manipulated by the President. Not good for him."

Another person later chimed in with: "I'm sceptical about words like "announced" and "withdrawn" but, if there is substance to this, it could be the moment (had to discern) when the tide turns. But as we all know, if the tide has actually turned, what a momentous event that can be."

Some believe that the judge might later wish to pursue defamation claims against Battistelli et al, in particular because of October's attacks through German and Dutch media, including Süddeutsche Zeitung with its baseless personal attack.

"This time around it might be Battistelli and Željko Topić -- not Croatian journalists -- who need to issue a public apology.""Presumably," said this person, "since the President's immunity as recited in A.13, Protocol on Privileges and Immunities, refers to privileges accorded to diplomatic agents, he is not subject to immunity in his home country and so the innocent judge could sue him there for defamation."

Another person clarifies that "the EBA's [Enlarged Board of Appeal] response to the first request. They didn't make a decision either way about the accusations. They just ruled that the request was inadmissible, because there was no proper statement of case setting out the grounds. This says nothing about the guilt or innocence of the accused board member, but it does say something about the competence of those making the request."

One way or another, one day the public may find out the truth. This time around it might be Battistelli and Željko Topić -- not Croatian journalists -- who need to issue a public apology.

Recent Techrights' Posts

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"
Google Has Mass Layoffs (Again), But the Problem is Vastly Larger
started as a rumour about January 2025
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
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
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