Bonum Certa Men Certa

Too Much to Cover Up at the EPO, the UN, and UN Agencies

Cash cows to their host countries, so infringements of human rights are brushed aside

US Constitution



Summary: The post-Constitution, post-financial transparency, post-human rights phase that's sweeping across the EPO (and the UN) gives room for concern

THE EPO and USPTO coverage from Managing IP has always been biased. Probably intentionally and by design. They know what their target audience wishes to believe and that belief itself can lead to certain outcomes.

"The week in IP" by "Guest author" was published earlier today and spoke of "German organisations’ support for dismissing a UPC complaint," basically alluding to the patent microcosm. At Managing IP, as usual, the vast majority of the text is behind a paywall, so only the patent microcosm can see it and likely won't scrutinise it (preaching to the choir again). Whatever...

Meanwhile, there's this couple of new pages [1, 2] about a former judge at the German Federal Constitutional Court (FCC). He doesn't think the UPC should even get off the ground and as someone put it earlier today or last night at IP Kat comments:

A speech and an article by Prof. Dr. Siegfried Broß, former judge at the German Federal Constitutional Court of Karlsruhe.

Both documents also deal with the employment situation of staff members of international organisations. They are a available in English and in German.

The speech: "European Patent Convention, Unified Patent Court and the German Basic Law" https://www.cohausz-florack.de/en/mehr/blog/article-en/news/detail/News/european-patent-convention-unified-patent-court-and-the-german-basic-law/

The article: "The modern constitutional state becomes a farce" https://www.cohausz-florack.de/en/mehr/blog/article-en/news/detail/News/the-modern-constitutional-state-becomes-a-farce/


We maintain our assertion that Team UPC is either totally deluded or deliberately lying. Whichever it is, that's bad. It harms their credibility and reputation.

There's another interesting new comment on an article we wrote about last night, having covered the matter twice about a month ago [1, 2]. Germany's cash cow at the EPO continues to raise questions.

Patently Transparent wrote:

There were some interesting comments about this matter in a publication issued by SUEPO in December 2017.

“To their credit, the German delegate (and Head of the German Patent Office) in the Budget & Finance Committee objected: “We have submitted the proposals to the Federal Court of Auditors. Their assessment is that the risk is too high. Capital preservation should be in the foreground. First, one should move closer to the RFPSS guidelines. Provision should be made for cumulative risk of default. Sanction mechanisms should be provided. Under g) in the RFPSS guidelines, there is a list of approved and unauthorized instruments of investment. We cannot agree today. If contracts with the fund managers existed, we may be able to decide otherwise, but not yet today.” (Translated from German, not verbatim)

Several Delegations (IE, IT, DK, UK, NO, CZ, HU, SI) and the staff representatives, too, voiced substantial concerns and called for prudence and strict governance. In the end, out of 32 delegations, 6 voted against, 2 courageously abstained – the rest (24) voted in favour (Italy requested a secret the vote with the apparent aim to prevent possible retaliation from Battistelli; So we do not know who voted what).

So much for transparency, prudence and financial accountability.

We wish Mr Ernst, the German Chair of the Administrative Council, good luck in explaining this fiasco to his own government and to the German Federal Court of Auditors.”

Those who are interested in following up the story could consider trying to obtain a copy of the opinion of the German Federal Court of Auditors, e.g. by making a freedom of information request.


Albertine replied: "Indeed, the question can also be summarized with “Cui bono?”. This is an eternally revolving question and will not be answered properly until the concept of “glasnost” is introduced in the operating rules of the EPO. Without transparency, operations involving billions in a context of a questionable governance will always give rise to suspicions."

We'll probably revisit it in the future. There seems to be more urgent matters where lives of people and entire families (not just money) are at stake.

Days ago we saw some coverage about the International Labour Organization’s Administrative Tribunal (ILOAT) protecting Battistelli, rendering itself almost complicit in alleged corruption (or coverup thereof) and violations of human rights. Earlier today WIPR wrote about that as well. To quote:

The International Labour Organization’s Administrative Tribunal (ILOAT) dismissed a series of complaints against the president of the European Patent Office (EPO), Benoît Battistelli, in its 125th session, held in October and November last year.

One of the dismissed complaints had been filed by Elizabeth Hardon, a former chairman of the Staff Union of the European Patent Office (SUEPO).

In May 2012, an EPO employee committed suicide. The Munich section of SUEPO sent a letter to Battistelli requesting an independent investigation into the circumstances that may have contributed to the suicide.


For ILOAT to become defensive of Battistelli's abuses makes sense. In a way...

I once received some UN leaks showing similar abuses inside the UN itself (not just WIPO, where Battistelli nearly became the chief). We might get around to releasing these one day (source protection is an issue as it would become perfectly obvious who it concerns). We have just made contact with the source, primarily in pursuit of approval (for publication). For the time being, think of ILO/UN to EPO accountability along the lines of Gurry (WIPO/UN) to Battistelli accountability. Oh wait...

Recent Techrights' Posts

Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
 
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024