Bonum Certa Men Certa

Secrecy Surrounds the Fate of Patrick Corcoran, Even AMBA is Being Kept in the Dark by Carl Josefsson

The Association of the Members of the Boards of Appeal of the European Patent Office (AMBA) cannot provide certainty of independence or anything remotely like it

A secret



Summary: The AMBA Committee speaks out, revealing the depths of the EPO's secrecy over the Corcoran case, which seems more serious the more one looks at it (Corcoran is the one being defamed, yet he's being accused of defamation)

THE scandals won't end this way. They will only deepen. Earlier this month we showed Carl Josefsson's message, which assured that Judge Corcoran would be allowed back into the Board, in lieu with the ILO's ruling. We then heard all sorts of rumours, some of which were later confirmed.



The Administrative Council (AC), chaired by Ernst, had a meeting less than a week ago. It talked about Corcoran, but this was done strictly behind closed doors, apparently with gag orders as well. The Register wrote about this extreme secrecy last Thursday and today the following comment was posted:

It is almost 1 week now since the AC discussed (in camera) the case of the suspended judge. Am I the only one to wonder why there is no publicly available information regarding the AC's decision on his status?

There does not even appear to be a report about any aspect of the AC's meeting. If I didn't know better, I would find this highly suspicious.


What kind of image does the AC hope to project? It's just covering up Battistelli's abuses again.

The following message is circulating today:

Dear amba members.

As a consequence of the ilo decisions the committee wrote an email to Carl Josefson [sic] on 8 December 2017 in which it set out its hope that he would be able to influence the Administrative Council at its meeting last week to take a positive view on Patrick Corcoran's reappointment. We met with Carl last Thursday and he informed us that a decision had been taken in the disciplinary case and that, as regards reappointment, due to confidentiality obligations he was unable to provide further information. At present we have no details on what the administrative council decided I. [sic] The disciplinary case. The amba committee regrets that the administrative council did not take a decision to reappoint Patrick Corcoran, as the consequence of this is that the case will continue to be a burden to everyone involved.

The amba committee.


So Josefsson is in effect gagged. Wonderful!

And Josefsson actually thought about kick-starting the UPC? With this sort of shambolic state of affairs? It's not acceptable.

Here is another longer comment that was posted earlier today.

It says: "The journalist could then, for example, speak to Techrights in order to independently confirm that they have received "threats" from the EPO's lawyers that were aimed at "taking down" certain reports about the EPO."

We already posted original letters pertaining to this. We did that a long time ago. Similar things happened in Croatia. These aren't conjectures but verified facts. Here's the full comment:



To be frank, I have no idea what the pseudonymous, public comments were. Chances are they were made on this blog, though.

The point that you make about going to a journalist is an important one. However, I am not sure that you appreciate the enormous difficulties (due to the complete lack of independent oversight, the activities of the internal "Stasi" and the draconian disciplinary rules and procedures) that EPO employees face in doing this... or in generating even the smallest scintilla of interest for an "independent journalist" in a story about the EPO.

The topic of the present discussion is a perfect case in point. Apart from an article in the Irish Times - which is understandable in the circumstances - the ILO judgements have received attention only from the usual suspects, that is, a smattering of "specialist" (legal or technical) websites. Why is this?

It is not as if it would be hard for a journalist to independently confirm (eg by reading the Enlarged Board and ILO decisions, as well as the "defamation" actions in Germany and Croatia) important details relating to the present case. Those details would include, for example, official rulings holding that the President has threatened the independence of the EPO's judiciary and that he had a conflict of interest that meant he should never have been involved in the case in the first place.

The journalist could then, for example, speak to Techrights in order to independently confirm that they have received "threats" from the EPO's lawyers that were aimed at "taking down" certain reports about the EPO. They might also make further investigations to establish whether other "publishers" have received similar letters from the EPO's lawyers.

In short, it would be very easy indeed for such a journalist to put together a strong (ie readily defensible) story that contains some "shocking" revelations and that could pose difficult questions for the EPO's management and the AC.

So why is it that no such stories have ever been published in the "mainstream" press? Are we to assume that the world of patents is just too "niche" for the general public to have even the slightest interest in stories that have profound implications for the rule of law in Europe?


That's a very fair question. We brought that up before.

I've been covering patents for well over a decade and even though I'm not trained as a lawyer (my background is technical) I understand many of the key concepts and cases. I spent a lot of my life doing that. I had to learn this out of necessity.

Another new comment says this:



"It is however worth noting that there was no firm and public denial by Mr Corcoran of the facts which were held against him."

And that's because the rules introduced by Mr. Battistelli - with the approval of the AC - forbid any individual under investigation to discuss the case with anyone - smart move to isolate the accused person while Mr. Battistelli can talk about "weapons and nazi memorabilia" in the press.

The same applied to the suspended and then fired Staff Representatives.

In EUROPE.


It's actually far worse. As we pointed out in 2015, the EPO got together with Dutch and German journalists in order to defame Mr. Corcoran. It's him who should be suing them for defamation, not the other way around. But the "them" might be immune from prosecution/discovery, unless it's the publishers whom he should sue. They gave away his nationality, which in turn made his identity pretty obvious to insiders. They also revealed information from an ongoing 'investigation' (this itself is a violation) and peppered the 'reports' with words like "Nazi" (falsely accusing people of Nazism in Germany is a very serious matter). The so-called 'journalists' should be questioned for their participation in what -- as we noted at the time -- was akin to journalistic misconduct, similar to what incredibly wealthy accused rapists do with cooperative journalists to smear/intimidate the accuser/s.

Recent Techrights' Posts

Morale at Microsoft Sinking, More Layoffs Expected, Stock Buybacks Blasted
controversial because they should really be illegal
 
In Sweden, GNU/Linux Almost 20% of the Laptop/Desktop Market, Firefox Falls to 2%
In the US, once a browser falls below 2%, many critical sites can legally ignore it (or its users' needs) altogether
When Microsoft Pays a Lot of Money to Reddit, 'Linux' Foundation, and Countless Other Entities
As does Google
A CoC Will Destroy Your Free Software Community and Help Imposers of CoC (Like Microsoft)
Abusers like to disguise censorship (of their abuse) as "manners" or good "conduct"
IBM Likely Breaking Several Laws With Latest 'Secret' Mass Layoffs
Never sign an NDA
Gemini Links 19/09/2024: Emacs Wiki and China, IRC Chatting
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 18, 2024
IRC logs for Wednesday, September 18, 2024
Links 18/09/2024: Web Server Survey Shows Microsoft Down Again, Omkhar Arasaratnam Leaves Microsoft-connected OpenSSF
Links for the day
Links 18/09/2024: Gaming Layoffs and New Openwashing by Linux Foundation
Links for the day
Gemini Links 18/09/2024: Home, Ashram, and Markdoc
Links for the day
[Meme] Think. Positive. Saturate the Media.
IBM: Layoffs? What layoffs?
The Kubecost Acquisition Does Not Show IBM is Rich, It Shows It Wants to Distract From Mass Layoffs Happening This Week (Thousands Laid Off in the Dark)
So-called "news deserts" have become a national and international phenomenon (not local/regional)
IBM Has Been Lobbying for Software Patents, It's Not the Free Software Community's Ally
The ancient company has been lobbying for these patents for decades already
Over Half a Day Later the Media Still Doesn't Cover Thousands of Layoffs at IBM
Not even a single news site bothered to investigate and report this? Not even one?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 17, 2024
IRC logs for Tuesday, September 17, 2024
IBM Befriends and Exploits the Biggest Enemy of Software Freedom (Software Patents)
Software Patents and IBM in Today's News
Many Workers Quietly Leave Microsoft, the Company is Running Out of Money (Too Much Debt and Now Massive Buybacks to Keep the Shares From Collapsing While Hiding Humongous Losses)
I've heard of people who just decided to quit Microsoft. They could not handle the anxiety.
Links 17/09/2024: Volkswagen Layoffs May Exceed 15,000, Sean ‘Diddy’ Combs Arrested
Links for the day
Gemini Links 17/09/2024: Re-framing of Priorities and Journalists
Links for the day
The Linux Foundation is Associating Linux With Scams and With Scam Sites Right Now (Like the Wife of Jim Zemlin Did)
they profit from the sellouts
Mass Layoffs at IBM Today, Just Like Prominent Rumours Said Upfront
past couple of hours
Google's YouTube Already Blocking People Who Block Ads
YouTube feels like it's dying
Links 17/09/2024: More on Microsoft Cuts and XBox Backward Compatibility Issues
Links for the day
IBM is Acting No Better Than Patent Trolls, Preying on Smaller Companies by Suing Them With Software Patents
No Red Hat employee should tolerate this aggression by the employer
Something Has Gone Very Wrong at iTWire
"iTWire has descended into marketing spam"
The Hallmark of a Dying Company Running Low on Money (But Still Trying to Hide That)
Microsoft should look into selling red markers
UEFI 'Secure' Boot Has Put Security at Risk, Suggests New Report
We're vindicated once again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 16, 2024
IRC logs for Monday, September 16, 2024
Links 17/09/2024: China Sanctions and Breadth of Latest Microsoft Layoffs Elaborated Upon
Links for the day
Gemini Links 17/09/2024: Small Improvements in Carbon Capture and Pseudo-Productivity In Java
Links for the day