01.18.16
Posted in Europe, Patents at 6:45 am by Dr. Roy Schestowitz
Summary: An example of Internet trolls and a reminder that they oughtn’t be fed because it proves to be a waste of effort and a distraction from the important topics (like Topić)
AS an international institution the EPO should, in principle, obey international law. Instead what they have there is nepotism and Putinism (autocracy). Don’t be mistaken. I am personally strongly in favour of the European Union (EU), but the EPO is not part of it. The EPO predates the EU by several decades and unlike the EU or EP (or even the EC), the EPO does not even pretend to be democratic. It doesn’t even obey the EPC. One day we’ll research, further explore, and finally report on the roots of the EPO (one source tells us that the EPO took over a commercial company).
“What happened on Friday was elimination of the heads of unions, who had already been suspended for a couple of months (severely limiting their ability to operate).”Worth noting, in light of what happens in IP Kat right about now, is that people need to focus on the abuses of the management and the innocence of staff representatives whom this management has just fired. Do not feed the trolls (see Wikipedia’s definition). Yes, trolls do exist and they are floating the management’s talking points, whether deliberately or not (and whether financially compensated for it or not). There was no “investigation” of staff representatives; it’s a euphemism for union busting. What happened on Friday was elimination of the heads of unions, who had already been suspended for a couple of months (severely limiting their ability to operate). ILO is far too slow to help the fired representatives and the ‘appeal’ system is internal at the EPO (i.e. sham trial guaranteed). Contact national delegates for possible reprieve (some of them do listen and even respond).
For better or for worse (considering Google’s spotty record on anonymity at Blogspot), IP Kat became a de facto go-to forum for anonymous people to express their grievances regarding the EPO. Yesterday we saw some troll trying to discredit Techrights. “Just sayin`” (that’s the pseudonym) wrote:
Boohoo, cry me a river! Two employees have been fired.
Do you know how many get fired daily in the real world?
And judging from the letters published by Techrights, this was even justified after them harrassing colleagues.
Get real people, also staffreps can make mistakes. And they also get to pay the price.
No, I`m not a management troll, just being realistic.
Yes, “not a management troll”. Well, apparently a troll nonetheless. The above is designed to provoke (“Boohoo, cry me a river!”) and it’s a pattern that’s familiar to us. It’s a troll who distracts and one who derails the discussion, leading to a debate about an entirely different topic, discouraging fruitful participation and turning off readers/audience. We wrote many articles about such trolls over the years (usually in relation to Free/Open Source software).
The letters and rebuttals which we published here show the opposite of what’s claimed by the troll. Notice the troll’s statement, “I`m not a management troll, just being realistic.” If you’re not a troll, you don’t need to state that. As MinceR put it in the #techrights IRC channel last night, “he merely stated that he’s a troll, but not from the management” (recall the FTI Consulting contract).
This isn’t the first time we see such provocation inside IP Kat. We previously covered it in “Suppression of Voices Critical of the European Patent Office (EPO)“. Readers always swallow the bait and a lot of efforts is spent cleaning up the trolls’ vomit. Some people correctly identified this as a troll, but nonetheless, the troll received some rather detailed replies, such as this:
I believe only one was fired for alleged harassment. The other was fired for what were deemed by the EPO to be unfair Ts&Cs in the union legal support contract.
Just being “realistic”? Hmm… I had another word in mind…
You should probably try to get your facts straight before you shoot off your mouth.
Just sayin’ 
Another wrote:
Sure, people get fired.
Yet, the first reason is…. lacking secrecy on your own case? Sure, that publication reflects badly on the EPO, so it does contravene the ServRegs, but does it reflect badly because of the stuff being published, or because of the content? And who is responsible for the conten?
The alleged harrasment? The Disciplinary Committee pointed out that only one of seven witnesses that were “interviewed” (with extremely suggestive questions) was able to confirm the case….
I have sincere issues with how the case was handled.
Also, implementing a harsher punishment than proposed by the DC?
Furthermore: further reforms were put on the tables of the consultative organs, where the staff representation was lacking representatives. I’ll bet that BB will use the votes, which were now 10 pro and 9 no as a proof that the reforms are wanted by the majority of staff, as those will be the first ones where he did not have to break the tie as chairperson in the obligatory consulting…
Anyway, think what you want, you’re able to make your own opinion, and it is your right to point out that most employees are worse off. But those do have access to court decissions in a reasonable time, we do not. Thus we have no means against an unjustified firing.
Some people put a lot of effort into it, responding to the troll with facts:
As extremely sad as this is, the firing of the two and the severe sanctions against the third (she has no hope of ever reaching her former salary again) elected staff representatives and elected union leaders are, unfortunately, just the tip of the iceberg. There are many, many more who have been investigated, harassed, intimidated, or quietly forced into retirement. And just imagine the shivers this imparts to the remaining staff: most of them patent judges in search, examination, opposition, and appeals.
On the broader scale, the system of checks and balances, if it ever deserved the name as it has been designed in the EPC (dear authors, I’m sorry having to write this) and the Staff Regulations, has been made an utter mockery by Mr. Battistelli. Administrative Council is being mishandled; anybody who dares to disagree sees her cooperation budget annihilated, not to mention the time allotted to her country in the various committees drop precipitously.
Mr. Battistelli’s “social democracy” has made it much more difficult for staff to voice opinion or raise grievances. A million miles from striving to design a better system, Mr. Battistelli apparently takes particular pleasure at creating conflicts of interest and opportunities for harassment and intimidation. The former General Advisory Committee, a forum for management and staff representatives to discuss proposed changes at the Office that are of importance to staff, has been re-designed into the General Consultative Committee and to the point of irrelevance that Mr. Battistelli has no inhibitions about publishing the list of its members for 2016 with more members from the (top) management than those appointed by the staff representation, then reducing the staff side further by firing the next day.
In addition, the very staff representatives that have now been fired had already been reporting directly to PD HR. Even the rules for election of staff representation – a very important function, separate from the unions, in the social contract in Germany and, formerly, the EPO – have been designed by the administration. These are just a few examples; there are lots more in all important areas of the Office. The internal appeals process has been made much more intimidating to the appellant than it ever was. The system of occupational health and data protection have been all but killed. Small wonder that this has lead to several colleagues taking their lives recently.
Having fired the most courageous staff reps, Mr. Battistelli has reached new heights. No individual in the Office and hardly anybody in the Administrative Council dares to contradict him. It appears that it is only a matter of time before all staff will be afraid to demonstrate.
What’s on the plus side? Production has gone up, possibly at the expense of quality, and most staff still have a job that many of them can hardly afford to leave, having abandoned their careers as engineers and scientists years ago. It’s less secure than before, much less pleasurable, in some aspects becoming shameful.
Unfortunately, I don’t think I can afford to voice my opinion openly and that’s why I post my thoughts here anonymously.
This one comment correctly states that “one reason for dismissal was to reveal that they were being investigated, I guess that is also normal? And (allegedly)assisting someone who hasn’t been disciplined for allegedly doing something was a second reason.” Here is the comment in full:
Thanks for that. Since the accused are not allowed to reveal that they are accused, let alone what they are accused of, your insight is useful. Since one reason for dismissal was to reveal that they were being investigated, I guess that is also normal? And (allegedly)assisting someone who hasn’t been disciplined for allegedly doing something was a second reason. Again normal? And the complainant being the one who led the investigation and led the prosecution? Normal again?
I appreciate that sometimes bad things happen, but is that reason to accept it? And when that comes from a body operating in the legal world and with seeming total legal immunity, is that not questionable? I see your point, but I have to politely disagree.
Here is a Dutch irony being pointed out:
The decision came back to my mind after the dismissal of the two SUEPO officials.
Well, I guess we all should thank the Dutch government for having decided not to enforce the decision of an independent court for the latest actions of Mr. Battistelli – after all, the message from the Dutch minister was quite clear: you’re free to do whatever you want, Mr. Battistelli!.
One year later, the consequences are here for all to see – and what an irony that the most prominent victim of Battistelli is a Dutch citizen! (Elisabeth Hardon)
Ah, and many thanks to the Administrative Council of the EPO too, who did not think that having the Office being accused of infringing human rights was so important after all. What happened in the last days, honourable members of the AC of the EPO, are the results of your greed, lack of morals and cowardice.
Here is a response to what we’re interpreting as an opportunistic attack on Techrights, as if we have proven the management right and just:
” And judging from the letters published by Techrights, this was even justified after them harrassing colleagues….
No, I`m not a management troll, just being realistic.”
Thank you for constructively indicating that you are NOT a troll. The reader might have doubts after reading your submission . I suggest you re-reading the corresponding documents on Techright, of course only because you are not a troll!
“Barbi” wrote:
Contrary to the allegations, in the real world not many at all union leaders get fired! It is rather exceptional!
So I fail to see the alledged realism of the annonymous comment of 12.52.00 who assuers of not being a managent troll and of being realistic.
Best thing to do in such cases is not feed the trolls, even when they explicitly say they’re not trolls (didn’t Nixon say he was not a crook?). “Just sayin`” has not even replied since (classic drive-by trolling), which leads one to seeing just what a single short comment (that’s deliberately disruptive and insulting) is able to achieve. If this whole article in its own right feeds the troll, then hopefully the take-home message is that future trolls needn’t and shouldn’t be fed. Next up we have some important new revelations about Topić. This is the kind of topic that people should discuss anonymously in all sorts of forums. There is potential there for imprisonment. █
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Posted in Europe, Patents at 5:35 am by Dr. Roy Schestowitz
Philip Cordery (below) joins the battle after Friday's complaint from Pierre-Yves Le Borgn’…
Summary: Benoît Battistelli comes under very intense pressure from French representatives of French residents overseas; questions arise, citing ILOAT Judgment 1061, regarding the very existence of Battistelli inside the EPO (let alone eligibility to hold his position)
THE PILE of EPO ‘dirty laundry’ is growing again, as readers who are upset at the EPO send us even more (extending an already long backlog). One thing we wish to get out of the way — so to speak — before proceeding to new Topić revelations, is the attack on staff representatives. Things are far from over and we still strongly encourage every European reader to contact national delegates.
“When injustice becomes law, resistance becomes duty,” Thomas Jefferson is quoted as saying this morning. Cordery, a French politician who previously complained about the Battistelli regime (we wrote about Cordery on more than one occasion), is lashing out again (he’s in the fourth constituency for French residents overseas):
Philip Cordery French MP representing French expats living in the Benelux wrote on Facebook
16 January at 01:31 · Brussels, Belgium ·
Journée noire à l’Office européen des brevets (OEB / European Patent Office)
La gestion antisociale de l’OEB, conduite par son président M. Batistelli, a atteint aujourd’hui des nouveaux sommets. Des sanctions sans précédent ont été prononcées à l’encontre de trois représentants du personnel : la présidente de Suepo Munich licenciée avec en prime une réduction de 20% de ses droits à la retraite ; l’ancien président de cette même organisation, licencié ; son trésorier rétrogradé de 8 échelons, ce qui équivaut à perdre 15 ans de travail. Motif ? Avoir daigné publiquement représenter leurs collègues pour tenter de défendre leurs droits.
Ces décisions autoritaires et arbitraires sont purement scandaleuses. Les droits les plus élémentaires des salariés, en vigueur dans tous les pays d’Europe, sont bafoués au sein de l’OEB sans qu’aucune juridiction nationale ou internationale ne puisse agir. Immunité n’est pas synonyme d’impunité.
Depuis de trop nombreuses années, la situation sociale de cette organisation se dégrade. Trop c’est trop. L’ensemble des États membres doit agir et vite, à l’instar de la France qui a à plusieurs reprises demandé un audit social. J’ai de nouveau saisi le gouvernement en ce sens. Il faut d’urgence mettre un terme à l’arbitraire et refaire vivre cette organisation si importante pour l’Europe toute entière.
Je veux assurer tout le personnel, et notamment ses représentants, de mon soutien plein et entier. Nous restons vigilants et agirons avec tous nos moyens jusqu’à ce que la démocratie et la justice retrouvent leurs droits au sein de l’Office.
An English translation of the above would be appreciated. We are still waiting for anyone who can supply a translation of the Heise article and a copy of the internal communication from Battistelli about Friday’s firings.
How much more can Battistelli withstand? He reportedly threatened to resign already. Battistelli’s “political connections in France,” says this new comment, is a “breach of the standards required of an international civil servant”.
We wrote about Battistelli's political connections last night and here is the comment which reflects further:
A number of commentators here have referred to BB’s political connections in France and the fact that he holds elected office as a municipal councillor in France (St. Germain-en-Laye) on a party ticket for the UMP (in the meantime rebranded as “Les Republicains”).
However, nobody seems to have noticed that such involvement in national party politics is in breach of the standards required of an international civil servant according to ILOAT Judgment 1061:
“… an international civil servant, though entitled to hold his own political views, must stand aloof from demonstrations of adherence to a political party. Integrity, loyalty to the international civil service, independence and impartiality are the standards required of an international civil servant and they require him to keep clear of involvement in national party politics.”
http://www.ilo.org/dyn/triblex/triblexmain.detail?p_judgment_no=1061
Apparently these standards don’t apply to BB …
Yes, Battistelli seems to have different rules applying to him (if any exist and are actually honoured). Here come the FIFA comparisons again. ‘Maxdrei’ (pseudonym of what looks like a patent professional based on previous comments) is quoted as saying: “It was because Mr Blatter managed the flow of dividends to individual members in such a way that most of them thought Blatter a hero. I wager that most EPC Member States see BB as a hero, for much the same reason.”
The reply to that went as follows: “Money makes the world go round and, yet, Mr. Battistelli’s approach is more comprehensive than that. For example, when a member of a country’s Administrative Council delegation has dared to say something that wasn’t in the script, time allotted to that country’s delegation in meetings of the various committees can get drastically cut. Most EPC member states probably don’t see BB as a hero. Unfortunately, they simply don’t think they have an alternative to agreeing to what he wants from them.”
Earlier on another person (maybe someone who is British by the looks of it) wrote: “Mr Alty and Mr Denehey [the British delegates], the time has come to decide whether you are a Churchill or a surrender monkey from Vichy France. Grow a pair and make a stand.”
Mr Alty and Mr Denehey are not even responding. They’re stonewalling. Remember how the British government intervened last year when EPO staff planned a protest against these people.
As one person put it: “The host countries have a special responsibility as they get the benefits of hosting. Do you know how good is for the Munich economy to host the EPO? The minimum you an expect from the host country is vigilance. The Germans are keeping their eyes shut. They do not reserve respect any longer.”
Alluding to Sarkozy-ism and Battistelli, one person wrote: The first request from the french embassy was never answered by the EPO higher level. The second request received a stinging refusal “à la Battistelli”. Rumours has it that Hollande appreciated the act to its fair value.”
Regarding an earlier suggestion of a boycott (of German products) one person said/responded: “A boycott of German goods would be somewhat discriminatory when all states appear complicit.”
In a sense, all nations are complicit in the silence sense, but only Germany can really send Federal investigators (e.g. over privacy abuses). One person brought up an alternative which relates to the Unitary Patent (UP). The person wrote: “It is a good point, but I suggest another measure that will hit where it hurts: Stop using the EPO patent system. And as a corollary the UP system if any.”
One sure thing is, the UPC (or UP for short) would further empower the EPO and mostly serve German lawyers (this is a widely-known fact). Why reward them after this kind of atrocious regime of Battistelli? It makes no sense. The management of the EPO is clearly broken beyond repair (too much cross-pollination). It needs to be rebooted. Questions about the legitimacy of this whole management (not just Battistelli) ought to be surfaced and circulated a lot more for real actions to be taken. █
“The government consists of a gang of men exactly like you and me. They have, taking one with another, no special talent for the business of government; they have only a talent for getting and holding office.”
–Henry Mencken
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01.17.16
Posted in Europe, Patents at 6:23 pm by Dr. Roy Schestowitz
Original/English
Publicado en Europe, Patents at 8:10 pm por el Dr. Roy Schestowitz
The Third of May by Francisco Goya (1746–1828)
Sumario: Los abogados de la señorita Hardon han hecho bien claro que los despidos son ¨motivados políticamente¨ como también las acusaciones están infundadas; mucho de los ¨argumentos¨ presentados por el Comite Disciplinario son incorrectos,¨ dijeron y ¨cargos contra mi cliente son MALICIOSOS, ABSURDOS, INFUNDADOS y deberían ser retirados.¨
En una sociedad civilizada (i.e. no en la OEP) un juicio típico tiene fisca/acusador y la parte acusada. En Eponia, sin embargo, que es un críadero de injusticia en el corazón de Europa y Alemania, hay simplemente uno el acusador, quién también es el jurado, juez, ejecutor etc. Hey, ¿porqué no lo llamamos la SS?
Los SIRVIENTES del Equip Battistelli, incluyend Ms. Bergot quién fue nombrada bajo asombrosas circustancias [1, 2, 3, 4], no están considerando cualquier punto de vista diferente como hemos mostrado anteriormente. Ahora tenemos la siguiente carta que dice mucho más:
Re: Observationes Finales en Procediminete Disciplinario D8/2015
Querida Ms Bergot,
El gran número de investigaciones contra my cliente (tres en dos años), la naturaleza de los cargos y la falta de evidencia por esos ¨cargos¨ son indicadores de un procedimiente de ASEDIO, no por mi cliente pero contra my cliente. Lo absurdo de los cargos contra mi cliente y sus colegas de la SUEPO es fácilmente reconocible por todos1, como es el objeto de este ejercicio. Al perseguir tales cargos, la administración esta desperdiciando recursos que podrían ser utilizados en otros que se lo merecen así como trayendo mala reputación a la OEP.
El presente procedimiento disciplinario y las precedentes investigaciones contra mi cliente, un miembro prominente de la SUEPO, son cláramente políticamente motivados. Making martirs (i.e castigar empleados en la base de cargos inventados) no es siempre la mejor manera de hacer paz. La iniciación y procedimiento de tales cargos convierten en una BURLA las declaraciones del Presidente de que el esta interesado en diálogo social y/o reconociendo la SUEPO.
En vista de su activo envolvimient en todas las etapas de este procedimiento, comenzando con el hecho de que las quejas de acecho fueron recibidas por usted mísma en vez de los supuestas victimas En vista de su activo envolvimient en todas las etapas de este procedimiento, comenzando con el hecho de que las quejas de acecho fueron recibidas por usted mísma en vez de los supuestas victimas, seguidas por intervenciones a favor de la Unidad Investigativa durante el proceso investigativo, la iniciación de procedimientos disciplinarios en la audiiencia disciplinaria, surge la fuerte impresión que usted esta persiguiendo una VENDETA PERSONAL en vez de justicia.
Los númerosos errores en procedimiento, en ambas el proceso investigativo y el subsiguiente proceso disciplinario son una DESGRACIA para la oficina que esta dedicada a la correcta administración de leyes. Errores como someter en la materia antes de tratar con asuntos de procedimiento como tardía submisión de documentos (como paso durante la audiencia antes del comite disciplinario) son obvios para cualquier examinador. Es incomprensible como un Comite Disciplinario compuesto de cuatro Directores Principales, uno de los cuales es abogado, pueda cometer tales errores.
_____
1 Vean e.g. http://ipkitten.blogspot.de/2015/10/when-harassment-gains-new-meaning-epo.html,http://ipkitten.blogspot.de/2015/10/epo-bids-to-save-litigating-employees.html, Decision Case number. Art. 23 1/15 of Enlarged Board of Appeal.
Más aún, muchas de los ¨hechos¨ presentados por el Comite Disciplinario son INCORRECTOS. Por ejemplo con respecto a las alegaciones de asedio los investigadores externos concluyerón que ¨las exactas palabras no podrían ser establecidas2¨. De los siete testigos interrogados solo uno (!) dijo que las palabrería sustentada por el Comite Disciplinario fue en verdad usada. Mi cliente fuertemente niega haber usado estas. El Comite Disciplinario sin embargo presentó su versión de eventos como una demostrado realidad. La mala representación de estas traen dudas acerca de la independencia e imparcialidad del Comite Disciplinario.
Contrarios a las alegacioneds de dicho Comite, las investigaciones C-62 y C-62b no son independientes de sí. La Unidad Investigative misma clama haver mandado a seguir la investigación contra mi cliente por decisión del Consejo Administrativo en el documento legal CA/D 12/14 que en verdad fue la base de la investigación contra la miembro de DG3.
Para evitar la duda, mi cliente enfáticamente niega haber cometido cualquier misconducta. Niega en particular haber distribuído material difamatorio acerca VP4, teniendo conocimiento del establecimiento de un red oscura TOR y otra símilar significa (debido a la realidad de los settings de proxy de la oficina es PRÁCTICAMENTE IMPOSIBLE), tener conocimiento de material confidencia de la OEP (e.g. de un caso activo DG3) estaba siendo distribuido a terceros, haber asediado o amenazado otros empleados o haberse conducido en una manera inapropiada como ella mostró actos ilegales de la Ofician y abuso de poder.
Todo el procedimiento impresiona y documentea el vacío legal creado por el Presidente de la Oficina por exponer arbitrariamente el régimen ilegal bajo el cual la Oficina y sus empleados sufren. Por medio de la implementacion de inválidos o defectuosos instrumentos legales como el interno Circular No. 342, la insuficiente guianza para protección de Datos y por violar los principios debidos el presidente de la Oficina ha logrado crear un sistema legal que esta en conflicto con valores demócraticos y el gobierno de ley
Los cargos contra mi cliente son MALICIOSOS, ABSURDOS Y MAL FUNDADOS y DEBERÍAN SER RETIRADOS.
A favor de mi cliente, He aquí solicito que los costos por defensa legal por parte de mi cliente sean reimbursados en su total. Incluso solicito pago por daños morales y ejemplar daños por el distress creado.
With Best Regards,
Şenay Okyay
Rechtsanwältin
.cc Chairman of the Administrative Council
Dutch delegate
German delegate
_____
2 Vean page 5, second last paragraph of the report of Control Risks
Tenemos más de esto mañana. Por favor contacten a sus delegados, como hemos indicado. Algunos de ellos responden y estan preocupados acerca de este gran ABUSO de Battistelli y sus chacales.
La OEP es como esos partidos políticos belicosos que bombardean naciones sin pedir consentimiento del público. Sueltan bombas y deja que otros limpien y reconstruyan el desorden. Raramente preguntan algo después, e.g cuando es el culateo. Empleando estos ataques (destrucción de uniones) en un Viernes no va a suavizar la presión si la gente actuó (como contactar delegados). Escribánle. Ayudará. █
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Posted in Europe, Patents at 2:40 pm by Dr. Roy Schestowitz
Battistelli compared to El Chapo Guzmá on European television several months ago
Summary: Strong criticism of what Mr. Battistelli and his inner circle have turned the European Patent Office (EPO) into, leading to calls for action
BASED on the latest articles from corporate media, EPO management continued its ad hominem attacks on EPO staff, especially staff representatives and a judge who had complained about abuses from EPO management (essentially a kind of whistleblower). The EPO’s management showed its obscene hypocrisy by leaking details of ongoing 'investigations' to the media, ensuring a portrayal negative to the (falsely) accused. If the EPO’s management can so shamelessly attack whistleblowers (probably breaking its own rules in the process), why can’t we respond by talking about what EPO managers are doing or have been doing? Why need I receive legal threats when I merely make defensible claims (that I can support with hard evidence)? EPO staff and outside observers ought to have reached by now the simple observation/corollary that they work for very vile people. They’re barely even people; they’re monsters, they’re sociopaths. Those still lucky enough to not have invoked their wrath should not assume safety because, as we have seen in the case of some SUEPO representatives, allegations can be almost made up, sexed up, if not fraudulently fabricated. Putin’s Russia is a human rights-loving haven in comparison to Battistelli’s Eponia. Citizens of Eponia didn’t even elect him. He’s an autocrat, a tyrant. Cope with it or be severely punished. Stay quiet and obedient or face the grossly disproportionate consequences (including loss of decades’ worth of pension).
“Putin’s Russia is a human rights-loving haven in comparison to Battistelli’s Eponia.”A few months ago somebody sent us a detailed explanation of the political background of Battistelli, whose special relationship with billionaires or their guardians we mentioned here before [1, 2, 3, 4, 5, 6]. Battistelli is on the same (political) side as Microsoft’s friend Nicolas Sarkozy, whom we wrote about often enough to justify a whole Wiki page/index (the only other such Frenchman was Michel Barnier, who lobbied for the UPC’s equivalent several years ago, following the footsteps of Irishman Charlie McCreevy). To repeat what we said last year, Battistelli is a member of Sarkozy’s party. Sarkozy has been renowned — or notorious — for his favouritism or inclination towards foreign corporations (mostly US). With quotes like the following (real quotes!), one quickly realises that Sarkozy’s attitude and composure are compatible with Battistelli’s. Sarkozy has said:
- “See you tomorrow, pedophile friends”
- “Sod off, you prick”
- “You have lost a good opportunity to shut up.”
- “For more than 20 years your minister for foreign affairs has been an American from elsewhere.” (about Condoleezza Rice)
- “The United Kingdom has no industry anymore.”
- “…Perhaps the fact that you come from an island, you can’t understand the subtleties of the European construction.”
Are these the sorts of politicians or officials that Europe needs? Why is a political figure like Battistelli — rather than a person with a scientific background for instance (Alain Pompidou being one such person, also from France) — even allowed to reign over scientists? It’s a catastrophe as a man so clueless about the Office gets laughed at (at least inside, with reasonable restraint) and his only response to that is akin to the response of a schoolyard bully with a small brain and a big ego (whose fists are the immediate tool or perceived solution to everything).
“Why is a political figure like Battistelli — rather than a person with a scientific background for instance (Alain Pompidou being one such person, also from France) — even allowed to reign over scientists?”Battistelli “retaliated against France when their representative in the AC started to voice concerns,” wrote this commenter today. Battistelli “serves only HIS interests,” said this person. “He is not at all appreciated in Paris where his folly is known by the current administration (remember that he was already nominated as Hollande won the Elysée).”
The retaliation noted above is probably this one or the outburst directed at Pierre-Yves Le Borgn’, who is merely trying to uphold European laws — an action that Battistelli clearly cannot tolerate. A few days ago we disseminated a letter from Pierre-Yves Le Borgn’ in English or in Spanish. It’s worth noting that this in the context in which sources alerted us about the political (partisan) aspect of this whole conflict. There’s a lot of politics here. Imagine that! EPO as a political platform, where Battistelli even exploits ISIS-led attacks in Paris to justify cracking down on his own staff (as if his accusers are terrorists, armed Nazis, snipers, "Mafia" and so on).
“Indeed,” one person replied to the above, “when Hollande came to The Netherlands on a state visit a couple of years ago (strong) rumour has it that the EPO was asked by the French to let its auditorium be used for an event but the request was turned down at the highest level. I’m sure there was a good reason such as being immune territory and thus problematic vis-a-vis security and access for the public. But…”
“They’re quickly becoming an international embarrassment to Europe, even greater an embarrassment than FIFA.”“Somebody above tells me that BB [Battistelli] is not appreciated by the present incumbent of the Elysee Palace in Paris,” another person added. “Well yes, of course. As I understand it, Hollande and BB are on opposite sides of the political playing field. As I understand it, BB is a Sarkosi-ite and gets his reward next time there is a change of occupant of the Palace.”
“The president’s decisions should be first validated by the AC before being implemented,” wrote another person, “this step is missing… a substantial flaw in the EPC!!!”
“As we noted many times before, what Battistelli did with his French buddies and their relatives is akin to a coup d’état (French term, appropriately enough).”As we noted many times before, what Battistelli did with his French buddies and their relatives is akin to a coup d’état (French term, appropriately enough).
One exceptionally interesting comment challenged the legality of Battistelli’s latest actions (the letter of dismissal with salary cut was sent from him personally):
From a legal point of view the punishment by cutting a percentage of the pension rights seems to me blatantly illegal. The pension is an acquired right and it is hard to find any case law supporting this. The closest cases I found involve reduction or withholding of state pension benefits for individuals convicted of crimes. Citing the respective bill (1): “These include embezzzlement, felonius theft from the state or a quasi-public agency, bribery, and felonies in which the person willfully and with intent to defraud obtains or attempts to obtain advantage for himself of others through use of his office.”
Other punishable offences under US law are “espionage, treason, or several other national security offenses against the United States.” (2)
A labour law attorney could probably find better cases in the EU legislation, although I doubt it is possible to find such a situation happening in the context of an EU organisation.
I guess ILOAT will find Batistelli´s decision illegal. Let´s hope it will happen before he leaves.
(1) https://www.cga.ct.gov/2004/rpt/2004-R-0150.htm
(2) https://www.fas.org/sgp/crs/misc/96-530.pdf
If you, dear reader, are concerned about this tyrant, then speak to his bosses — the only people who can lawfully fire him. Contact your national delegates as soon as possible and explain to them what Battistelli and his cliques have been doing. They’re quickly becoming an international embarrassment to Europe, even greater an embarrassment than FIFA. █
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Posted in Europe, Patents at 1:13 pm by Dr. Roy Schestowitz
The Banana Republic which is Eponia best illustrated as follows…
Source: Archivo General Histórico del (Ministerio de Relaciones Exteriores de Chile)
Summary: A survey of news about the Unitary Patent Court, the driving forces behind it, and who will actually benefit from it if/when it becomes a reality
THE EPO is not a European body but an international organisation above European law — one that may even break international law as long as it feels immune enough from local law enforcement (whatever the locality might be). Over the years I was approached by whistleblowers who had suffered reprisal for purely political reasons. One of them was from the UN. I saw in her a lot of what I see now in Elizabeth Hardon. She angered the ‘wrong’ people by daring to help expose their abuses. She was in for a surprise. The legal system was not present (except show trials); there was lawlessness everyone and it took a considerable toll on physical health, mental health, etc. Public perception around international organisations needs to change because these organisations are often assumed to be benevolent by virtue of having no borders or loyalty to one particular nation/ethnicity/religion. What many people easily overlook is the inclination of such organisations to serve power, or class. This can mean lenience or favouritism for large international corporations, too. Plutocrats live a life void of fear from the courts and they travel without borders (many have their private jets). They exercise power and coerce international bodies, where the currency (not a commodity) is power. That’s just an essential point that EPO employees sooner or later learn from experience. The I.L.O. is far too slow (and thus weak) to protect them. Protecting the weak from the powerful isn’t quite the goal because such systems were put in place by the powerful. Those who speak truth to power should watch out, or else they’re end up hiding in some embassy in London or somewhere in Moscow.
“It’s hard to imagine that someone like Augusto Pinochet would even want to be associated with an autocrat like Battistelli.”The madman who now runs the EPO, Mr. Battistelli, has just been mentioned by the press in Korea, which was used as an excuse to provide inexcusable favouritism to large multinational corporations such as Microsoft. We’ve heard that south America is next on Battistelli’s itinerary. Eduardo, who provides Techrights and equips us with all the Spanish translations, originally came from south America and he is not happy about Battistelli going there. “Once you mentioned,” he said, that “this guy will go to Chile to visit Augusto Pinochet’s grave.”
Well, all we know is that Battistelli will go to south America, based on an online source. It’s hard to imagine that someone like Augusto Pinochet would even want to be associated with an autocrat like Battistelli.
“I did remember something my great uncle regarding a military dictator,” Eduardo added, “who expropriated a lot of lands to our family. I will apply it to Pinoccio Battistelli: ‘I hope when he dies they will make a coffin in the shape of a (soccer) football. So we can take it to the cemetery by kicking it all the way to it’” (it’s a crude joke, no doubt, but a lot of people are now very angry at Battistelli, even people outside the EPO).
Last month we wrote about James Nurton giving Battistelli a platform at a patent lawyers’ site. He said that Battistelli had answered all the questions passed to him, but he excluded the question that I asked his publisher to ask. Nice bias by omission there. The interview that James Nurton did with Battistelli (probably subjected to strict rules and conditions imposed by the aggressive PR team) was filled with UPC promotion, despite the fact that the UPC is not yet a reality and might never become a reality. Here is Nurton again with “Some practical questions about the UPC” (more like talking points in favour of the UPC and self-fulfilling prophecies).
“He [Battistelli] may seem superficially client friendly and indeed a lot of pressure is exerted on the examiners and board members not to refuse applications or otherwise bite the hand that feeds them.”
–Anonymous“As the clock ticks down to the launch of the Unified Patent Court,” Nurton wrote, “interest is increasing in how the yet-to-be-appointed judges will handle cases, who they will be and what impact the UPC will have in Europe” (people are already applying for such jobs in the UK, as we recently learned, even though the large majority of such jobs would be in Germany).
Nurton’s piece is totally void of any criticism of the UPC. He is speaking to patent lawyers, not Europeans (more than 99% of them are not patent lawyers) to whom the UPC brings nothing but harm.
As one comment put it today, “most attorneys are not at all in favour of the Unitary Patent.” To quote this in context (the EPO scandals):
Somebody further up asked why Merpel in particular and attorneys in general should worry about a case which appears to deal with disgruntled trade union members?
Well, do you really think somebody who respects his employees so little and treats them with such a contempt for legality would be anymore lawabiding when it comes to his clients.
He [Battistelli] may seem superficially client friendly and indeed a lot of pressure is exerted on the examiners and board members not to refuse applications or otherwise bite the hand that feeds them. But indeed, most attorneys are not at all in favour of the Unitary Patent. They won’t be treated any better when it turns out there is a conflict of interest between huge overseas multinationals and local economic entities.
Indeed, the biggest beneficiaries here are big multinationals. A company like Apple is said to have estimated that a lawsuit in the whole of Europe (e.g. banning Android devices in the whole continent over a petty patent dispute) would cost ‘just’ $1 million under the UPC. Does that sound like something that can help poor European SMEs? Total poppycock.
The FFII’s President, Benjamin Henrion, says that he is “Sick in bed reading UKIPO long PDFs over Unitary Patent ratification, have a hard time to understand their software exception” (software patents).
“It’s not because of the sickness,” I told him, “it’s vague and confusing (as such) by intention and design.” This way he’ll need to hire a lawyer for about 400 euros per hour.
“The government intends to bring forward legislation to implement the Unified Patent Court Agreement in January 2016.”
–UK-IPOIs the British UK-IPO becoming more like a vassal of the Battistelli regime? Seems so. “Government Response to Technical Review of UPC implementing legislation published today,” they wrote on Friday, having published “Secondary Legislation Implementing the Unified Patent Court”.
To quote the page (not the PDFs): “This government response gives a full analysis of responses to the Technical Review and Call for Evidence and outlines the direction that government will be taking. The government intends to bring forward legislation to implement the Unified Patent Court Agreement in January 2016.”
UK-IPO, says Henrion, “mentions the average legal cost for a dispute over an UPC patent will be 1M pounds” (he aptly labels this “SME killer”).
He has asked UK-IPO, “what is this software exception in UK law?” He later added that “this would imply that software patents exist in the first place.” They obviously should not. For all we know, the UK-IPO is not even responding. UK-IPO never responded to me. They’re stonewalling. They don’t care about the public and they definitely snub public voices. There was going to be an EPO protest in front of a diplomatic British office in Germany (February 2015), but the British government stepped in to intervene, along with Battistelli. The powerful politicians are revolting against scientists.
It looks like UK-IPO is preparing to surrender to the EPO some time very soon (with the UPC). Multinational corporations are getting their way rather quickly thanks to the Battistelli regime. EPO staff should know by now who Battistelli is loyal to; he has no loyalty to his staff, whom he merely views as an enemy (most of them signed a petition against the EPO's recent actions). Is Battistelli acting like a European politician or like a corporations’ (clients’/applicants’) lobbyist? █
“He does not possess wealth; it possesses him.”
–Benjamin Franklin
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Posted in Europe, Patents at 11:51 am by Dr. Roy Schestowitz
English/Original
Publicado en Europe, Patents at 6:55 pm por el Dr. Roy Schestowitz
Tranducción enviada en apuro
Sumario: Dos diferentes traducciones (de arriba y de abajo) de la fuerte reacción del señor Pierre-Yves Le Borgn (político francés mas relevadnte al abuso contra empleados en el extranjero) contra la cacería de brujas e imitaciones de juicios.
Los viciosos ataques de la OEP contra sus empleados, a quienes trata como no-humanos, fué cubierto aqui en previous artículos, pero quedan muchos para exponerlos a la luz (mucho más este fin de semana).
Pierre-Yves Le Borgn, a quienes hemos mencionado muchas veces antes aquí acaba de responder. ¨Aqui está el comunicado de prensa de Pierry-Yves le Borgn¨ una persona escribio, ¨Gracias señor Le BORGN¨!¨
Alguién nos proveyó con una traducción arriba y también lo siguiente en un comentario en IP Kat:
Un comentario reciéntemente publicado en el sitio web del MP, Pierre Le Borgn´
(mi traducción al español)
Sanciones contra representantes de la unión en la OEP: una DESGRACIA y PROFUNDA INJUSTICIA
15 January 2016
¨Me he enterado con asombro la decisión anunciada esta mañana por el presidente de la OEP, Pinocho Battistelli, para castigar duramente a tres empleados de la OEP, todos ellos miembros del Comité de la SUEPO unión basado en Munich. Estoy profundamente en shock. Dos de esos mimebros, uno la cabeza de la rama de SUEPO en Munich, la otra anterior lider, han sido despedidos. El primero incluso deprivado de su derecho a pensiones. El tercero ha sido degradado en un considerable grado. Noto que el presidente P. Battistelli decretó estas sanciones muy allá de las recomendaciones del comite disciplinario de la OEP. Estos actos demuestran una VOLUNTAD DE HACER EL MAL, ASUSTAR, Y ERRADICAR TODO CRITICISMO Y TODO PODER INTERMEDIARIO.
¨Contacté al Gobierno Francés inmediatamente. Lo que ha pasado es una desgracia y profunda injusticia. Espero que los estadom miembors de la OEP, comenzando con Francia intervengan urgentemente para poner un fin a la arbrietaridad y esta tendencia a ARRUINAR VIDAS, DESTRUIR FAMILIAS, y mina el trabajo de toda la organización. Es inaceptable por la inmunidad que disfruta esta organización llevar a cabo tales aberraciones del gobierno de ley, basado entre otras cosas, en respeto a los derechos de las uniones de representantes y a sus empleados, la independencia del comite disciplinario en relación a la gerencia y sanciones proporcionales, son materias largamente ignoradas aquí.
¨Una organizacion tiene futuro sólo cuando sus empleados se identifican con ella, con su gobernancia y gerencia. Esto no es el caso de la OEP. Es urgente para los estados miembros refleccionar en las razones que llevaron a esto. Y considerar seriamente la cabeza de la OEP y toda su gerencia.¨
Gracias, señor Pierre-Yves Le Borgn, por ser el único politico con COJONES para hacer lo que nadie ha hecho en esta materia, al frente del abuso e intimidación.
Por favor queridos lectores, si son ciudadanos de la Unión Europea, contacten inmediatamente a sus delegados acerca de la OEP. Este SUPREMO ABUSO de lo que se ha convertido LA VERGUENZA DE EUROPA. █
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Posted in Europe, Patents at 7:39 am by Dr. Roy Schestowitz
“A new political scandal in Croatia?”
Nothing scares some organisations as much as truth itself
Summary: Techrights has got some news from Croatia which can indirectly relate to the EPO scandals and are associated with corruption and criminal charges
Weekend news in Techrights will set aside the EPO‘s attack on unions (at least for a moment) and focus on other patent-related matters. We will hopefully fully catch up with everything that is out there about the attack on the unions (we still need the internal communication from the EPO and the Heise article’s translation, shall anyone be willing and able to provide those).
Today, for the first time in quite a while, Croatia will be our focus, at the very least because the criminal charges against Željko Topić resurface in some form in the press. The Topić Audi/Mercedes scandal was covered here numerous times before, so readers can revisit our archives and catch up.
“I just got news for Croatia,” a source told us, “that the former Minister of Science Dragan Primorac is being considered as a candidate for the position of Foreign Minister in the new government.”
We received a translation of a recent news report from tjedno.hr, a news site from Croatia. “According to the information,” this source told us, “the new government is due to be announced on Friday.” (that’s this week)
“Here is a link which gives some information about the situation,” this source told us. To quote: “HDZ president Tomislav Karamarko and MOST leader Božo Petrov met yesterday afternoon for an hour and discussed the process of forming the new Croatian government, reports Vecernji List on January 12, 2016.”
“Now Battistelli created his gang with for the biggest part French friends and family members.”
–AnonymousConsider the arrest of previous country leaders in Croatia. The perception of corruption there is high and the perception of corruption inside the EPO (where Topić is Battistelli’s right-hand man) has become quite high or strong. It’s so strong in fact that earlier today someone called for sanctions against Germany (until it intervenes in EPO affairs). To quote this one comment: “As an expression of personal protest against Germany, the host country of the EPO which incomprehensibly continues to tolerate on his soil the dictatorship of Mr Battistelli & Co. (as the Münchner Merkur put it: “Die letzte Diktatur auf dem deutschen Boden” after the Nazi and DDR regimes), whenever possible, I will stop buying or using German goods or services until the German Government takes clear position against the blatant violations of human rights and rules of law at the EPO. I ask all the readers of this blog, who still care about justice and the future of the EPO, to join me in this boycott. It might sound irrelevant but every long walk begins with a small step.”
Another person hopes that Battistelli “and his gang will soon be dismissed and replaced by a normal functioning management.” To quote this entire new comment: “Knowing the EPO from the time of Bob van Benthem, the first president and one of the fathers of the EPC and of a successfull EPO, I felt very sad yesterday and also the whole year 2015 because of the very bad news I received regularly. Bob was an honest and high level patent specialist. But he was also a generous and sensitive human being. He was an excellent manager. That time it was impossible that when you worked for the EPO, your wife could get a job there. The EPO did not like two ¨privileged¨ in one family. Now Battistelli created his gang with for the biggest part French friends and family members. Moreover Battistelli has by far not the high quality of Bob. He is not a honest and a high level patent specialist. He is a not a human honest person but a dishonest and cruel person and not only because of that not able to be a manager. Battistelli is the first president who needs body guards. He is the first president who avoids contact with the directors and examiners. He is the first president who needs Control Risks and illegal phone and PC taps. I hope that he and his gang will soon be dismissed and replaced by a normal functioning management.
“Battistelli is the first president who needs body guards.”
–Anonymous“The EPO staff representatives always did excellent work. Els Hardon advised me once in a case in a very good and detailed manner. She is very intelligent and for SUEPO the right woman on the right place. I fully agree with Anonymous here above that the vicious and disproportionate punishment dished out by Battistelli shows how well the staff representatives have done their jobs in exposing him and his inner circle for what they are. I think with his decision Battistelli shot in his own foot.”
One person rightly asked: “How did the President get this position? Are there no checks or tests at all?”
He is more well-connected than sufficiently qualified [1, 2, 3, 4, 5, 6].
Another commenter wrote “An Organisation which belongs to just one man is no true Organisation!”
With all this in mind, consider the fact that the last thing Battistelli wants right now is some ‘investigative’ unit going after him and fellow managers. “It will be interesting to see whether Primorac is appointed or not,” our source told us. Here is the original article (in Croatian) and here it is in English as HTML:
EXCLUSIVE: MAIN FEATURE
VETERAN MANIPULATORS PRIMORAC, ŽANETIĆ AND STERN TO BE MEMBERS OF THE NEW GOVERNMENT BY DECISION OF PM DESIGNATE
3 January 2016
Dragan Primorac is involved in two incidental criminal lawsuits from the era of Prime Minister Sanader. One of these is associated with the Croatian Standards’ Institute (DZN) where a “written-off” VW Touareg SUV disappeared. Siniša Žanetić was in the securities business, and earned his expertise in the Karlovačka and Raiffeisen Banks, Zagreb Insurance and Partner Bank. During his time in Karlovačka bank he was sentenced in the Karlovac court and fined along with Sandi Šola and Marijana Trpčić-Reškovac. As far back as 2000, Mr. Radimir Čačić, a member of the Račan government, publicly stated that ” prison bars are the future” for Davor Štern.
Written by: Franjo Dobrović
Photo: www.ezadar.hr
Dragan Primorac – a former cabinet minister during the Sanader, Davor Štern – a former Croatian Minister of the Economy, entrepreneur and currently member of the Zagreb City Assembly and a certain Siniša Žanetić – a former board member of the Karlovačka Bank, the main financier of Pliva, whose relationship with tennis player Iva Majoli was subject of many gossip columns, form the trio that, according to some unofficial sources, are among the personal choices of the Prime Minister designate Tihomir Orešković for ministerial positions in the new government of the Republic of Croatia. All three candidates of Mr. Orešković are connected to American-Israeli business circles or have been trained there like Siniša Žanetić. They are the personal choices of the PM designate Tihomir Orešković and, as we learned, are not linked to the party quotas of coalition partners HDZ and MOST for ministerial positions in the new coalition government.
Convicted together with the Šola brothers
Siniša Žanetić was in the securities business, and gained his experience in the Karlovačka and Raiffeisen Banks, Zagreb Insurance and the Partner Bank. During his time in Karlovačka Bank, he was sentenced by the Karlovac court and fined together with Sandi Šola and Marijana Trpčić-Reškovac because of irregularities in the allocation of loans and payments. Besides that, Karlovačka bank as a legal entity was also subject to a heavy fine. In addition, he is also mentioned in an detailed negative report of the Croatian National Bank prepared during the monitoring that was carried out in the Bank in connection with the “Mamma Mia” scandal1.
The damage suffered by the Bank and its shareholders in the scandal was estimated at over HRK 170 million. In addition, he was a suspect under charges of money laundering through Karlovac handball club. In the course of the three years during which the Karlovačka Bank was its main sponsor, the club received around 2 million HRK. Mr. Siniša Žanetić is the current preferred candidate for the post of Finance Minister.
Missing cars
Dragan Primorac is the preferred choice of PM designate Tihomir Orešković to succeed Vesna Pusić in the position of Minister of Foreign Affairs. Mr. Primorac is involved in two incidental criminal lawsuits from the era of the former Prime Minister Sanader. One is related to the Croatian Standards’ Institute (DZN) where a “written-off” VW Touareg SUV disappeared. The other is related to the State Intellectual Property Office (DZIV) where, allegedly, an official Audi A6 Quattro “went missing” from the official car park. In addition to the A6 Quattro, another Mercedes car disappeared from the DZIV car park through financial manipulations during the time in which Mr. Primorac was sitting in Sanader’s cabinet. Both lawsuits are being dealt with by the County State Attorney’s Office in Zagreb.
“Loose ends” at White Nights
According to unofficial sources, Davor Štern is the most likely candidate of the “Canadian” PM designate for the post of Minister of the Economy. Mr. Štern has never explained some financial “loose ends” relating to the White Nights, that is, the claims to concession contracts for Russian oil fields2.
As far back as 2000, a soft-spoken Radimir Čačić, a member of the Račan government, publicly predicted that “prison bars are the future” for Mr. Štern. Davor Štern confirmed his excellent Russian-Israeli business connections by his presence at the wedding of the housewife and novice golfer, Ms. Maja Brinar and Mr. Aaron Frenkel in Monte Carlo in 20043. Some 700 guests invited from all around the world attended this wedding in the principality of Monaco.
The sharks are approaching…
Whether or not the church pastors congregating around Božo Petrov of MOST have any idea about the above matters should become apparent during the negotiations on the formation of the new Government between the “Patriot coalition” and the PM designate Tihomir Orešković which are due to start in a few days. It could be that the members of MOST have already received some hints in reaction to the recent disturbing announcement on the party’s official Facebook page. However, the public yet has to learn whether or not these [i.e., Žanetić, Primorac and Štern] are the approaching “sharks” to which MOST referred in its Christmas epistle4. All in all, the first weeks of the New Year 2016 in the political life of Croatia promise to be anything but dull. As we can see, the veteran manipulators are hoping to make a comeback to the “great game” through the new Government.
____________________________
1 Translator’s note – More information to be found here:
http://easteuropebankingdeposits.blogspot.de/2013/04/croatia-police-arrest-former-ceo-of.html
2 Translator’s note – More information to be found here:
http://arhiva.nacional.hr/en/clanak/18202/ina-could-lose-74-million-in-the-sale-of-white-nights
3Translator’s note – More information to be found here:
htp://www.haaretz.com/print-edition/features/inside-intel-friends-in-high-places-1.278328
4 Translator’s note – More information to be found here:
http://www.total-croatia-news.com/politics/1900-in-a-christmas-message-most-attacks-sdp-and-warns-hdz
Some local reporters have called Topić “Sanader’s protégé" (Sanader is already in prison). The most relevant part from the above is this: “Dragan Primorac is the preferred choice of PM designate Tihomir Orešković to succeed Vesna Pusić in the position of Minister of Foreign Affairs. Mr. Primorac is involved in two incidental criminal lawsuits from the era of the former Prime Minister Sanader. One is related to the Croatian Standards’ Institute (DZN) where a “written-off” VW Touareg SUV disappeared. The other is related to the State Intellectual Property Office (DZIV) where, allegedly, an official Audi A6 Quattro “went missing” from the official car park. In addition to the A6 Quattro, another Mercedes car disappeared from the DZIV car park through financial manipulations during the time in which Mr. Primorac was sitting in Sanader’s cabinet. Both lawsuits are being dealt with by the County State Attorney’s Office in Zagreb.”
Remember that, as far as we are aware, this is the subject of ongoing court cases in Croatia. Pointing this out is, based on our understanding, what got the suspended judge in a lot of trouble and then — by association — got SUEPO under fire.
We urge EPO staff to dig deeper into these matters. It’s clear that there is something there which the EPO’s top management is very much afraid of. █
“Peace and justice are two sides of the same coin.”
–Dwight Eisenhower
“Injustice must be exposed, with all the tension its exposure creates, to the light of human conscience and the air of national opinion before it can be cured.”
–Martin Luther King Jr.
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Posted in GNU/Linux, Hardware, Microsoft, Vista 10, Windows at 6:28 am by Dr. Roy Schestowitz
Can’t compete? Then cheat…
“I’m thinking of hitting the OEMs harder than in the past with anti-Linux. … they should do a delicate dance”
–Joachim Kempin, Microsoft OEM Chief
Summary: After scheming to make new hardware incapable of booting GNU/Linux (in the name of UEFI ‘security) the company now attempts to tie up hardware (processors) with malicious new malware called Windows 10 (more like Vista 10, with the user-hostile ‘features’ of Vista)
“Want Freedom To Choose Your Hardware? Choose GNU/Linux.”
That’s the message from Robert Pogson. Some days ago we became aware of a nasty little scheme from Microsoft. The abusive monopolist, Microsoft, is calling monopoly abuse “innovation”. In additional to more DRM and antifeatures, including mass surveillance in real time, the company goes further as “Upcoming Intel And AMD CPUs Will ONLY Support Windows 10,” to quote FOSS Bytes. “In the latest change to its update policy,” wrote the author, “Microsoft has announced that older versions of Windows like Windows 7 and Windows 8.1 will lose support on the Intel 6th generation Core processors, also known as Intel Skylake. So, if you have just bought a new PC, you should consider upgrading to Windows 10 within the next 18 months.”
“Does anyone really think there is a ‘new’ Microsoft which is benevolent?”And Microsoft later expresses shock that people generally dislike it, some more than others.
Microsoft Peter shows how, after UEFI lockout of GNU/Linux (which he wrote about last year, arguably breaking the news), the historically abusive Intel helps Microsoft impose NSA-friendly spyware on everyone. “Microsoft Will Not Support Upcoming Processors Except On Windows 10,” says another report and “New hardware must have the latest Windows,” wrote a Microsoft booster. Microsoft’s influence over OEMs may be diminishing, the development teams may be shrinking (based on our confidential sources they are!), so the company is now limiting the scope of its operating system using hardware manufacturers/chipmakers, i.e. doing exactly the opposite of Linux (whose hardware support is always broadening).
Moreover, as revealed by this new report from The Register, Microsoft is really trying to piss people off and make Vista 10 synonymous with malware. Watch what they are doing right now:
Microsoft’s relentless campaign to push Windows 10 onto every PC on the planet knows no bounds: now business desktops will be nagged to upgrade.
When Redmond started quietly installing Windows 10 on computers via Windows Update, it was aimed at getting home users off Windows 7 and 8. If you were using Windows Pro or Enterprise, or managed your machines using a domain, you weren’t supposed to be pestered with dialog boxes offering the free upgrade.
[...]
Microsoft claims it’s doing this because many small businesses – the sort of organizations that run Windows Pro, use a domain, but leave automatic updates on – want an easy way to install the new operating system. If companies really want this software, you’d think they’d install it themselves – or opt in for it, rather than having to opt out repeatedly.
You can try your luck following these instructions to halt the upgrade – until Microsoft changes the rules again. Windows Enterprise edition in large corporations will avoid the automatic, virtually mandatory, upgrade.
Does anyone really think there is a ‘new’ Microsoft which is benevolent? iophk has been writing to us for a number of days about this kind of topic. He said quite a lot of things about what Microsoft plans to do to R right now (or some time in the near future).
“Attacks against R continue with “Microsoft R Open {sic}”,” he said, “with the announcement of vaporware” (we wrote about this some days ago). █
“Stewart Alsop, industry gadfly, presented Gates with the “Golden Vaporware” award, saying, “The delay of Windows was all part of a secret plan to have Bill turn thirty before it shipped.”
–Barbarians Led by Bill Gates, a book composed
by the daughter of Microsoft’s PR mogul
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