Bonum Certa Men Certa

The EPO's Attacks on Bloggers Other Than Me (and ILO-AT Being Utterly Unpredictable)

Like a Trumpist witch-hunt

Some hand gestures



Summary: An infamous example wherein ILO-AT acted more like a parrot of EPO management (under Battistelli's leadership, i.e. a one-person management) and ignored court rulings from outside the EPO

"TEAM Battistelli" at the EPO leaves an ugly 'legacy' of attacks on the media (or bribes for the media). They twisted the law to bully and manipulate people. They sent several legal threats to me (from several law firms), having already blocked the site for about a year. They're not only liars but thugs too. They're thugs. Remember that. The same people are, with few exceptions, still in charge of the Office. They're a massive threat to free speech (or free press) and they SLAPP people, sometimes in court (not just threats but actual lawsuits). They exploit immunity. Will António Campinos at the EPO's top level end this clannish behaviour? Will he break apart "Team Battistelli"? We doubt so, but we can always hope so. He has the potential to be a good (ethical) revolutionary like his father was.



As regular readers are aware, we published several articles last week about the ILO-AT rulings, specifically those that affect staff representation -- a target of Battistelli's gruesome attacks. A lot is already known (publicly) about those cases, so mentioning names would probably do no harm (the name of Patrick Corcoran, by the way, wasn't 'outed' not by us but by The Register; two defamatory articles from Team Battistelli had already 'outed' the nationality 2 years earlier, making it obvious to insiders who it was). In the interests of privacy, we'll keep refraining from mentioning real names of people and instead use initials (or numbers).

A blogger mentioned Case 4052 over the weekend. Here's what was said:

AT-ILO is unpredictable. They do not follow their own jurisprudence, for example. The recent cases of Elisabeth Hardon and Patrick Corcoran, for example, are decided on the similar grounds of procedural economy: the court only argued that the disciplinary process was invalid and remitted the case. In the two cases, the court did not seek to determine whether the staff member was innocent or guilty, they simply argued that the decision was flawed. But one person was reinstated and the other one was not.

[...]

There is another gem in the latest decisions. Case 4052 was discussed in another blog and considers the situation of an ex employee of the EPO (dismissed in 2009, despite a national court rendering an opposite decision). The EPO initiated disciplinary proceedings against him in 2015, 6 years after he stopped working for the EPO for publishing his opinions on a personal blog. Indeed the EPO service regulations Articles 19 and 20 lay some limits as to what ex-employees may do and what they may publish, but common sense would interpret these articles quite differently. The normal way to oppose a blog for the EPO would be to go to a civil court. That would ensure equality of chances between an ex-employee and someone who never was an employee if they both start a blog. Or does the EPO wish to treat differently patent attorneys who are also ex-examiners and patent attorneys who never worked at the EPO, for example?


We're familiar with this case and many other cases. Now that Battistelli is out of the Office readers can expect more information (previously-suppressed information) to come out, albeit cautiously and gradually. People will get to see just how absolutely ugly the "Battistelli years" really were...

Mind yesterday afternoon's comment from "anonymous":

I would like to repost here that comment about decision 4049 which was posted on the kluwer patent blog:

The whiff of scandal does not end with judgement 4052. As noted on another blog, judgement 4049 makes for alarming reading. However, to fully understand the significance of the judgement, it is necessary to provide a little bit of background information.

On 6 July 2016, the ILO-AT issued judgement no. 3694, which reached the following (seemingly very significant) conclusion with regard to the composition of EPO’s Internal Appeals Committee: “The balance sought to be achieved by the composition of this body, which includes members appointed by the Administration and the staff representation, is a fundamental guarantee of its impartiality. That balanced composition is an essential feature underpinning its existence. WITHOUT IT, IT IS NOT THE APPEALS COMMITTEE”.

On 1 January 2017, AC decision CA/D 18/16 amended the Service Regulations by introduction of Article 36(2)(a). This allowed the President to make appointments to the Appeals Committee “by way of exception”.

On 5 May 2017, the decision impugned in case 4049 was issued by an Appeals Committee composed of a Chair, two members appointed by the President (Article 5(1) and (2) of the Implementing Rules), and two members “nominated by calling for volunteers or drawing lots from among eligible staff members in accordance with Article 36(2)(a)”.

Against all of this background, one might have expected the ILO-AT to refer to judgement no. 3694, and to find that the composition of the Appeals Committee still did not guarantee its impartiality. Indeed, a member of the Appeals Committee wrote a dissenting opinion to this effect.

The outcome? The ILO-AT sees no problem with the composition of the Appeals Committee, because it was in accordance with the relevant rules in force at that time.

Now, one might argue that impartiality is still ensured by the fact that the members appointed under Article 36(2)(a) must (presumably) still be elected Staff Committee members. However, that does not take into account the influence that the President has over the numbers of elected members and the conditions under which elections take place (Article 35 of the Service Regulations). It also ignores the possibility of the President pursuing a vindictive campaign of harassment against all Staff Committee members, with the result that few (if any) staff members would willing stand for election … thereby making it easy for the President to secure election of his “stooges” (who would of course be guaranteed to be protected from harassment).

Now, if anyone doubts that the President (or at least the soon to be ex-President) would ever consider conducting a vindictive campaign of harassment against staff representatives, based upon little or no proof of wrongdoing, then please refer to my earlier comments on this thread, where I point to a clear pattern of behaviour in this regard.

I guess this is just illustrative of a key problem with the ILO-AT: because it only examines matters from a formalistic standpoint (based solely upon the internal rules in force at the time, and without any attempt at independent fact-finding), it simply fails to see the wood for the trees.


Judgment 4052 is something that was also mentioned in some other comments in Kluwer Patent Blog, so we began researching it further. We did manage to gather some bits of information.

"The person in question was actually acquitted at first (in 2010). Then, the person was acquitted again (in 2011) by the Dutch Criminal Court, citing lack of evidence."What we deal with here is a person who was accused in 2008 (Brimelow years) and dismissed in 2009 (also Brimelow years). It was labeled "serious misconduct", which probably meant something else back then (Battistelli just loosely threw the term at anyone who did not agree with him). The person in question was actually acquitted at first (in 2010). Then, the person was acquitted again (in 2011) by the Dutch Criminal Court, citing lack of evidence. So this "serious misconduct" became double acquittal under the Battistelli years, albeit outside the Office itself. Similar to the Corcoran case, no? A double acquittal after years in courts.

This dismissal of the person was subsequently challenged -- albeit lost -- in front of ILO-AT (judgment 3297) for rather dubious reasons. It's believed that the ILO-AT judgment was practically a copy of the judgment issued by the Office's disciplinary committee and internal Board of Appeal. In other words, the suspicion is that in the early Battistelli years the ILO (or its Tribunal) basically became a parrot of the EPO rather than actual, functional courtroom.

"This dismissal of the person was subsequently challenged -- albeit lost -- in front of ILO-AT (judgment 3297) for rather dubious reasons."The EPO as well as ILO-AT (remember that ILO-AT is an administrative tribunal only; that's what the A stands for) decided that there was enough evidence against the accused and that guilt was proven "beyond reasonable doubt" (a term generally used by criminal courts) which is hard to believe because the Dutch criminal court decided otherwise. Oddly enough, ILO-AT did not take the two acquittals into account and ILO-AT made it clear that they have more confidence in the internal Office investigation than in the police investigations carried out by the Dutch Public Prosecutor's and the Dutch Judges.

In the second and much later case (4052), the same person was then again accused by the EPO of having run a blog named "icsfight4yourrights" (which the accused denied) in 2014 and a Twitter account named "EPOnymous" (which this person also denied). We linked to it a few times and so did several commenters in IP Kat (e.g. here and here). Apparently the EPO also accused this person of "collaborating" with Patrick Corcoran and working for SUEPO without permission from EPO administration. That's apparently as ludicrous as it gets, but we already saw these tactics of guilt by association before, e.g. Hardon and Corcoran.

"To think that this is a basis for dismissal (mere suspicion of voicing one's concern) is in itself worrying."As we understand it, ILO-AT mentioned "serious misconduct" in Judgment 4052 but failed to refer to the judgment number, perhaps because they are ashamed of their own judgment. It then begs or raises the question: "Do they have something to hide?"

What has ILO-AT been reduced to? Is it politically motivated? And can't people anonymously blog about the EPO? There's still no actual evidence that the said person was behind the blog and the Twitter account. To think that this is a basis for dismissal (mere suspicion of voicing one's concern) is in itself worrying. The blog, by the way, vanished some years ago without prior notice.

Recent Techrights' Posts

How We Process Screenshots of Slop to Suitably Tag Them as Slop
everything is a single command
Seductive Mirage or Allure of Complex, Proprietary Coffee Machines (or Similar White Elephants)
Software is a lot like those things
 
The Register MS Takes Money From Companies Banned by the Biden and Trump Administrations (National Security Risk)
today's sponsor
Sabotaging GNU/Linux PCs (and Users) is Not a 'Joke'
maybe cruelty is the very objective
Links 11/08/2025: Data Breaches, Politics, and Climate
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 10, 2025
IRC logs for Sunday, August 10, 2025
Gemini Links 11/08/2025: Tea Caffeine Hot and Super ZZ Zero
Links for the day
Slopwatch: LinuxSecurity, Brian Fagioli, and Other Serial Sloppers
Maybe Microsoft wants to dub this "Web5"
Gemini Links 10/08/2025: Residents Management Company, Automation, and Politics
Links for the day
Links 10/08/2025: AOL Ending Dial-up
Links for the day
Links 10/08/2025: Webrings, “AI Sunglasses” and “AI Eyeglasses”, US Administration Intensifies Attacks on Science and Research
Links for the day
Sometimes Newer is Worse
We generally need to reject this dumb notion that "old" means bad
The Code Used to Make Techrights Fits on a Seventh of a Floppy Disk (or 100KB When Compressed)
For the sake of comparison I've just downloaded the latest version of WordPress. The ZIP file is 27.2MB in size, or ~27,200KB.
What They Tell Young Programmers
Coding in 2025
Simpler is Better When Simple is Enough
Over-complicating things to "sell" new versions is so 1990s
Links 10/08/2025: From Social Control Media to Prison, New Examples of Windows TCO
Links for the day
Sloppy Reporting About Slop, or How The Register MS Lowers Its Standards
Maybe the management isn't even aware of this
IBM's Strategy: Cull 'Expensive' Workers, Replace Them With Cheaper Ones
So far we saw not even one rebuttal or challenge to the claim of Red Hat layoffs scheduled for tomorrow
If You Attack Somebody Too Much You Legitimise and Strengthen That Somebody
at the end those attacks add up to a "martyr" status
The Man Who Helped Microsoft Kill Linux is Trying to Delay Our Lawsuits Against Him
By conservative estimates, and based on court documents submitted by them, they're prepared to spend over a million dollars on lawyers, fighting against me and my wife
Gemini Links 10/08/2025: Gen Con 2025 and Framework Laptop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 09, 2025
IRC logs for Saturday, August 09, 2025
The Register MS (Microsoft) or The Register AI (Slop)?
What a slopfest!
Is Red Hat About to Give the Boot to GNOME People Who Helped Microsoft 'Secure' (Monopolised) Boot?
It was always a dumb idea to play along with Microsoft's hardware mischief
Sales of Windows on PCs (Windows Licences) Go Down
Microsoft has a big problem in its hands
The Hype That Microsoft and The Register MS (Among Others) Promote Helps Stage DDoS Attacks on Free Software Sites
Microsoft is, to put it bluntly, pure evil
The Goal of Coopetition Assumes You're Friends
it will never work with Microsoft
Links 09/08/2025: Putin Allegedly to Visit Alaska (Which He Deems Part of Russia), Mike Tyson Sued for Copyright Infringement
Links for the day
Slopwatch: Linux Journal, LinuxSecurity, and Google News With Its Slopfarms of Choice
SEO spam, made with LLMs
Follow the Money: The Register MS Gets Paid to Promote "Hey Hi" Ponzi Scheme/Hype, Some Fake 'Articles' Might Be Composed by LLMs Already
paid to promote slop
Gemini Links 09/08/2025: Rethinking Aliases and Posting on Gopher vs. the Web
Links for the day
Links 09/08/2025: Apollo 13 Astronaut Jim Lovell Dies, Slop Future Bleak
Links for the day
After Shutting Down Studios, Divisions, Applications (e.g. Skype) Microsoft is Also Shutting Down 'Apps'
Cuts all around as layoffs persist this month, Microsoft tries to get many people to resign, and debt skyrockets
Most of Geminispace Can Probably Fit on a CD-ROM or a DVD (the Textual Part)
If one excludes very large capsules and ones that contain non-textual contenty
Eventually UEFI 'Secure Boot' Will be Dropped (Users Will Demand Its Removal and Boycott Its Pushers)
we expect OEMs will just listen to users
The Register MS: We Know Slop is a Bubble and Mindless Hype, But We Get Paid to Participate
Call out the culprits
Hate Mail From Anonymous Cowards
if this persists, we'll need to escalate
There Are Probably Over a Million Pages in Geminispace
there are two many limitations which merit a mention when it comes to assessing magnitude
Informal Open Letter to the Lawyer of the Microsofters (on Who's Funding the SLAPPs Against Techrights)
Whenever I ask about the funding they try to change the subject and act all aggressive
Microsoft Lunduke is Just Provoking People for Provocation's Sake
Be forewarned and remember where this guy came from: Microsoft
Besieged by Plagiarists Who Play With LLMs and Image Fusions
We really need to exercise or use our collective voice to oppose Serial Sloppers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 08, 2025
IRC logs for Friday, August 08, 2025
Gemini Links 09/08/2025: Water Painting and Political Violence
Links for the day