Bonum Certa Men Certa

The EPO Bundestagate -- Part 3: A “Minor Interpellation” in the German Bundestag

Series index:

  1. The EPO Bundestagate -- Part 1: How the Bundestag Was (and Continues to be) Misled About EPO Affairs
  2. The EPO Bundestagate -- Part 2: Lack of Parliamentary Oversight, Many Questions and Few Answers…
  3. You are here ☞ “Minor Interpellation” in the German Bundestag


German Bundestag
The EPO has been the subject of questions in the German Bundestag on a number of occasions between 2015 and 2020



Summary: The EPO scandals and blunders have been brought up in the German Bundestag in the days of Benoît Battistelli and António Campinos; but no adequate answers were offered

As mentioned in the last part, when it comes to EPO affairs German politicians have been far more timid and reticent compared to their Dutch counterparts.



In the EPO's main host state, politicians have - for the most part - preferred to refrain from getting involved in any scrutiny of the lucrative "Dukatenesel" with its headquarters in the Bavarian capital of Munich.

A rare exception to this general trend was found among the members of the "Freie Wähler" who took up cudgels on behalf of beleaguered EPO staff by filing motions in the Bavarian State Parliament ("Landtag").

These motions were consistently voted down by the majority CSU party which gave the impression of being hell-bent on protecting Battistelli and shielding his excesses from unwelcome public scrutiny in the home town of the EPO's headquarters.

"In the EPO's main host state, politicians have - for the most part - preferred to refrain from getting involved in any scrutiny of the lucrative "Dukatenesel" with its headquarters in the Bavarian capital of Munich."At a federal level there was never any significant effort in the German political arena to subject EPO affairs to parliamentary scrutiny.

A rare exception here was Jutta Krellmann of the socialist party "Die Linke" who asked a question in October 2015 following the publication of a report in heise.de about deteriorating working conditions at the EPO (Bundestag Printed Paper [PDF] no. 18/6301).

The response dated 8 October 2015 from the Secretary of State at the Federal Ministry for Justice, Christian Lange, was the usual kind of hand-waving waffle typically dished up on such occasions.

Lange's response was strong on pious platitudes such as "A good working atmosphere at the European Patent Office is a very important concern for the Federal Government". But it was lamentably weak in terms of meaningful substance.

Since Battistelli's departure from the EPO in June 2018, it seems that some other German politicians have finally mustered up the courage to ask some serious questions about the EPO.

In one of his occasional contributions to the Kluwer Patent Blog, published at the start of March 2020, the German patent attorney, Dr Thorsten Bausch, reported on one such parliamentary intervention by members of the liberal party, "Freie Demokratische Partei" (FDP).

At the end of January 2020, a group of representatives from the FDP (Bundestag Printed Paper [PDF] no. 19/17383) had submitted a minor interpellation ("Kleine Anfrage") containing a series of questions about the EPO and its activities.

"Rather than attempting any meaningful engagement with the substance of the matters raised by the FDP, the reaction of the government was to brush these awkward questions aside, citing reasons of “confidentiality”."According to the procedural rules of the Federal Parliament ("Bundestag"), at least five percent of the members of a parliamentary group are required in order to put questions to the government on a particular topic in written form. The questions are transmitted to the President of the Bundestag, who forwards them to the Federal Government, requesting that they be answered. Minor interpellations are answered by the government exclusively in written form.

Under points 4. and 6. of the FDP's "minor interpellation" reference was made to matters connected to the lack of effective data protection at the EPO (in translation):

4. Was the Government aware of the accusations published in the press that staff rights were being violated by surveillance and by labour law restrictions under the EPO’s previous management and what is its view thereon?


and

6. Was the Government aware of the accusation published in the press of employee surveillance by an internal investigation unit under the EPO’s previous management and what is its assessment thereon?


Dr Bausch concluded his article with the following remarks:

"Whether the representatives will get good (i.e. meaningful) answers back by the German Ministry of Justice, though, will remain to be seen. I would not hold my breath. But stay tuned, I will try to follow up on this. Transparency is important."


Dr Bausch's openly expressed scepticism about the likelihood of the FDP representatives being supplied with meaningful answers to their questions seems to have been entirely justified in view of the response of the German government dated 11 March 2020 (Bundestag Printed Paper [PDF] no. 19/17809).

Rather than attempting any meaningful engagement with the substance of the matters raised by the FDP, the reaction of the government was to brush these awkward questions aside, citing reasons of "confidentiality".

The relevant passage of the response reads as follows (in translation):

Questions 4 to 7 will be answered together. The questions relate to confidential disciplinary proceedings which the Federal Government will not comment on at present. This also applies to proceedings before the internal appeals committees.


Of course this is just pure and undiluted humbug.

"Unfortunately, there is no sign that Dr Bausch followed up on his declared intention to return to the topic. It would have been very interesting to read his comments on the response of the government to the FDP's interpellation. It is difficult to imagine that he would have had anything complimentary to say about the manner in which the matter was handled by the Federal Ministry of Justice."The existence of purportedly "confidential" disciplinary proceedings is no valid reason for refusing to enter into a discussion about the general principle of the use of covert surveillance measures. This is particularly so when such measures are deployed in the context of a deficient data protection framework which fails to provide adequate safeguards against abuse. It is very clear that discussion about the general principles governing such matters does not need to concern itself with the details of individual cases.

Unfortunately, there is no sign that Dr Bausch followed up on his declared intention to return to the topic. It would have been very interesting to read his comments on the response of the government to the FDP's interpellation. It is difficult to imagine that he would have had anything complimentary to say about the manner in which the matter was handled by the Federal Ministry of Justice.

This was not the only occasion on which the FDP made a well-intentioned but unfortunately unsuccessful attempt to subject the activities of the EPO to scrutiny in the Federal Parliament. In the next part, we will look at an earlier parliamentary interpellation by the FDP which was submitted in 2019.

Recent Techrights' Posts

Next Month 'New Techrights' Turns Two
Next month, on the fourth week, it'll be 2 years since the migration
Online Safety Act Tries to Accomplish the Impossible
All I can say is, "good luck with that!"
 
They Tell Us That "Cloud Storage" is Safe and Robust to Incidents Like Fires
Do you have backups? Where are they and who controls them?
"Allowing SDL to default to Wayland caused a number of customer issues so keep the default at X11 for now"
2025 is another year of Wayland ambitions. It's also a year of self-fulfilling prophecies.
In The United Kingdom (UK), Microsoft Search (Bing) Falls to All-Time Low
Grow? What grow??? It's collapsing.
GNU/Linux Reaches 5% in Oman
Some GNU/Linux distros are made in Oman
Google's "AI Mode" is a Pathetic Joke Prematurely Introduced in the UK (Like "Bard", Which Sank the Company's Shares)
what Google "thinks" about PCLinuxOS
What the Free Software Foundation Started Four Decades Ago is Becoming Mainstream
"Four decades; Four freedoms; For all users"
Doing a Better Job at Labelling Slop Images
we'll label screenshots that contain slop, typically with red-coloured text overlay
Social Control Media is Out of Style
What's your excuse for wasting time on (or in) it?
Maldives: GNU/Linux at All-Time High, Windows at New Lows
data from statCounter shows a reassuring trend
Efficiency is Good, So Why Won't Governments Cull LLM Companies Using Stronger, Stringent Policies?
Like every bubble that ever existed, including some recent ones, an end will come
The Defunct Site LinuxConfig Has Published a Fake Article About Richard Stallman Using LLM Slop, Which Stallman Calls "Bullshit Generator"
Worse yet, it is writing using a "Bullshit Generator" (the term used by Stallman) about Stallman's health
Microsoft Windows Falls to All-Time Lows in Morocco and Algeria
About 70% or even less
StopGenAI in the Cyber Show (C|S)
covering a theme that we too covered a lot lately
Gemini Links 03/08/2025: Once-a-Decade Couch Shopping and Blessings in Disguise
Links for the day
Links 03/08/2025: Political Catch-up, Global Warming, and Hunger
Links for the day
Brittany Day Entered LLM Slop Into LinuxSecurity.com and Something Hilarious Happened: The Site is "Exploited"
The brainless, effortless copypasta of "slop artists" shows its limits
Links 03/08/2025: Microsoft Exchange 0-day Exploited and Avoidable Nuclear Escalation
Links for the day
Definitely Not a Ponzi Scheme
Bitcoin v Microsoft
The Electronic Frontier Foundation (EFF) is a Billionaires' Lobby
Billionaires that control tech companies
Microsoft Borrows 3 Billion Dollars Per Month, a Company Truly Worth Trillions Would Not Do This
if Windows (and Office) "market share" fell from about 90% to barely 30%, how come Microsoft is now "valued" at 20 times more?
It's Even Worse Than Microsoft Lunduke Puts It; GNOME is SLAPPing Journalists
In our experience, GNOME is so malicious - some elements of it in particular - that it would launch multiple simultaneous SLAPP campaigns not only against journalists but also their spouses
GNU/Linux Adoption Reaches All-Time Highs in Chile, statCounter Indicates
This month marks 4 years since Vista 11 came out (as a fake "leak") and some surveys still measure its adoption at less than 40%
Slop Will Not Change the World
Some of us grow up sooner and leave that nonsense behind (or altogether avoid/skip it)
Gemini Links 03/08/2025: Nostalgia and TOFU
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 02, 2025
IRC logs for Saturday, August 02, 2025
Google Throwing Out the Search Engine With the Bathwater is a Complete and Utter 'Shi---ow' as the Company Drowns in Debt, Layoffs, and Worse
The mainstream media almost never mentions GAFAM debt
Operating Systems' Statistics in New Zealand: GNU/Linux Up, Windows Down to All-Time Lows
Remember all this when the media says that Microsoft became like 10 times more valuable in those 15 years (from 400 billion to 4,000 billion in alleged "worth")
Microsoft Windows "Market Share" Measured Around 2.7% in Iraq, Plunges to 6.5% in Saudi Arabia
Microsoft isn't on the agenda in Iraq
GNU/Linux Share in Sweden Has Doubled Since PewDiePie, A Swede, Recommended It
months ago he moved to GNU/Linux, then told others to consider doing the same
GNU/Linux Hits Record High in Portugal
GNU/Linux picking up in Portugal
Gemini Protocol is Not Dying, It's Growing
When people say things like "Gemini Protocol is dying" the data does not support them
GNU/Linux is Thriving This Summer
It is meanwhile acknowledged, even by Microsoft pushers, that many GNU/Linux PCs will get sabotaged next month
The End of Microsoft's Reign in Spain: Windows Falls to All-Time Lows in Spanish Web Traffic
Windows sank to new lows in Spain
The Bots Never Sleep: In The Weekends, Slopfarms Dominate Google News, Majority of Entries in Google Are Fake Articles About 'Linux'
Google is fast becoming an ocean of plagiarism; the same goes for Google News, which was supposed to have extra quality control
Russia's Yandex Has Caught Up With Bing in Terms of "Market Share"
Microsoft has been firing loads of Bing workers for over 2 years already
Canada: GNU/Linux Up to Records Highs, Windows Down to Record Lows
Microsoft already announcing some plans to shut down Vista 11
Gemini Links 02/08/2025: Transducers in Typed Racket and American ISPs
Links for the day
Links 02/08/2025: Microsoft Already Kills Vista 11 SE, Smartphone Sales Down, Truth Gets "You're Fired!" in the US
Links for the day
Video: The Rise of GNU/Linux and Free Software as Seen by RMS in 2004
DTP's founder argued that when Windows goes below 85% "market share", it'll lose its grip in the monopoly sense
Russia: GNU/Linux Rises to Highest Adoption Level Since Invasion of Ukraine
Moving up in the north
Microsoft's Latest Financial Report: We "Gained" 300 Million Dollars in "Goodwill" and Liabilities Grew by 32 Billion Dollars
Microsoft's debt has reached an all-time high
The Register US = The Register MS
Formerly The Register UK
Weeks After Microsoft Shut Down Its Operations in Pakistan Windows Falls to All-Time Lows
Only less than a month ago it was quietly revealed, based on laid-off staff, that Microsoft shut down in Pakistan
Criminal Behaviour is the Standard Operating Procedure at Microsoft
In the future I'll be able to tell how, when dealing with SLAPPs from Microsofters, their Microsoft services failed me and sometimes even blocked my contacts
GNU/Linux Rises to All-Time Highs in Europe
many people will get fired for buying Microsoft
All-Time Highs for GNU/Linux on the Client Desktop/Laptop, Based on Steam Survey
GNU/Linux rose to 2.89% in Steam
Links 02/08/2025: Blaugust 2025 and "Russia Declares Navalny Memoir ‘Extremist’"
Links for the day
Free Software is Not a Business Model
Go ahead, ask your friend, "how do you plan to monetise your children?"
When (Almost) One-Man Operations Are Disguised as Medium-Sized Companies
the CEO hides in the US (hiding from his ex-wives, 4 daughters from those wives, and Sirius staff that he defrauded)
LLM Slop Harms Real Literature, Real Web Sites, Real Journalism
LLM slop is a parasite and it'll run out of legitimate outputs
Upcoming OSI Scandal Series
The OSI is a rogue actor because it serves Microsoft in exchange for money
Slopwatch: The Issue Persists, But the Consensus in the Media Changes as Google Enrages It With LLM Plagiarism
We've meanwhile assessed the latest output from Linuxiac
Microsoft Actually in Trouble, Microsofters Unable to Obey Judges' Orders
For the second time in a week, Microsofters are unable to obey orders
IRC Proceedings: Friday, August 01, 2025
IRC logs for Friday, August 01, 2025
Over at Tux Machines...
GNU/Linux news for the past day
Links 02/08/2025: İstanbul Retail Inflation Reaches 42.48%, US FBI Opens Office in New Zealand
Links for the day
Gemini Links 02/08/2025: ZFS, LLM Hype, and Fake Modules
Links for the day
Links 01/08/2025: Health, Conflict, and Attacks on Freedom of the Press
Links for the day
Microsoft's Debt Exploded by 15.4 Billion Dollars in the Past 9 Months Alone (Despite All the Layoffs)
As of minutes ago, at 6PM on a Friday, the numbers are made public
Meeting (Webchat) With Maria Arranz Gomez, Florian Grundies, Jürgen Janda and Konstantinos Kortsaris Confronts EPO Management About Breaking Promises and Crushing Workers
The lack of consistent messages suggests plans other than what's advertised and the lack of consultation (secrecy) likewise
Links 01/08/2025: "The Great British Firewall" and U.S. Army Sponsors Palantir
Links for the day
For Second Day in a Row, Top Story in The Register MS is "Microsoft Says"
The editor in chief exercises control over everybody else
LLMs as Attack Method Against Free Software and Programming
DDoS in "hey hi" (slop) clothing
Stability and Reliability, Backward Compatibility
I don't fancy relying on social control media as "sources"
What "the News" Looks Like in 2025
The "says" (or "sez") phenomenon
History Will Be Distorted, Sometimes Intentionally, Under the Guise of Intelligence (Manipulated/Curated Slop)
Militarised misinformation or military-grade chaff is a national security threat, even domestically
Financial Engineering Companies: A Company Worth 4 Trillion Dollars Would Not Borrow 100+ Billion Dollars at Interest Rates Like Today's
Many headlines perpetuate the lie Microsoft had just 2 waves of layoffs
Microsoft is Googlebombing "Linux" While Paying Former News Sites to Publish SPAM
How much lower will IDG sink?
Google as a 'Bullshit Generator' Disguised as Intelligence
It'll probably cause Google to get sued a lot, both by individuals and companies
As Expected, Google in the UK Now Experiments With Slop Instead of Web Search
At this point more people ought to stop and think: Does Google's search engine deserve trust?
The Data You Don't Give Away is Your Advantage
stop sharing data that does not need to be shared
Being Obedient or Doing the Right Thing
The world always changes for the better because of people who think "Outside the Box", not the cogs
Gemini Links 01/08/2025: Happy Hacking Keyboards and New Gemini Arrivals
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 31, 2025
IRC logs for Thursday, July 31, 2025