03.24.15
Posted in Deception, Free/Libre Software, GNU/Linux, Microsoft at 12:31 pm by Dr. Roy Schestowitz
Summary: Microsoft is still hiding behind the façade of ‘love’ whilst actively attacking GNU/Linux and Free software from many directions
THE Times of India has this borrowed article which says “Windows and Office are about to get much, much more complex, confusing, and expensive” (anyone with enough experience ought to have foreseen or known this).
Windows becoming ‘free’ is a lie (we have covered lies about the cost of Vista 10 in [1, 2, 3]) and it’s easy to see why people were led to believe this. Microsoft is trying to slow down or halt migrations to GNU/Linux, which are already happening even in large numbers (in my daytime job, for example, we’ve migrated entire companies to GNU/Linux). Confusing people about cost would be quite effective a method, even if an extremely dirty method (it’s all vapourware/promises because Vista 10 has not been released yet, hence no risk of lawsuits for false advertising).
Maria Deutscher, a relatively new Microsoft propagandist (recall the time she published "Microsoft continues open source love affair") is openwashing Microsoft again with lots of nonsense and PR wrapped up in the form of an ‘article’ (more of an advertisement), adding to the nonsense from Microsoft marketing sites masquerading as “news”. They are trying to paint purely proprietary software as “open”. This is another kind of lie. It helps stall migrations to Free software such as Apache, Java, Drupal, GNU/Linux, etc.
Speaking of Drupal, which I deploy and support in my daytime job, watch Microsoft's partner Trustwave openly badmouthing it (yesterday’s ‘news’ resurrecting news from several months ago). The ‘newsflash’ from this Microsoft mouthpiece is that some people don’t patch Drupal, hence Drupal is supposedly at risk from a flaw patched nearly six months ago (the simple patch was made available as soon as the flaw was announced!). This is beyond FUD; it’s a lie and it is very shameless. Then again, Trustwave is a FUD firm, so why not target some gullible people who don’t comprehend security issues at a technical level? Why not borrow news from half a year ago, posting it afresh?
We recently covered a series of Microsoft lies in the “Microsoft hates GNU/Linux” marathon (on Saturday), wherein, in part 6 to be specific, we spoke about the media propaganda (Microsoft pretending to embrace FOSS and love Linux) and in part 1 we spoke about Microsoft’s blocking of FOSS operating systems, including GNU/Linux (a complete contradiction of Microsoft’s claims).
Well, the word is spreading regarding the lock-out of GNU/Linux as IDG says that “PC vendors may not have to include a Secure Boot toggle with Windows 10, making it harder for users to install alternative operating systems.”
Harder? How about impossible?
Here is another take on it which says: “The Secure Boot feature in Microsoft Windows 10 could make life difficult for users of Linux and other open source operating systems.”
No, it can make it impossible on particular machines. This is an antitrust matter and it should be raised as such as soon as possible.
This subject was already floated in Techrights’ IRC channel several times, with additional links on the subject. Addressing an optimistic response from Phoronix (quoted here the other day), Mark said that “this is a “boil the frog” thing… Microsoft is turning up the heat… they don’t have to make it impossible to boot Linux, that would attract attention from the DOJ… they’ll just keep making it more and more difficult.”
Balrog responded by saying, “expect low end stuff to be locked out, like the 7″ Zcer tablets…it’s stuff for which they don’t even bother to make a stable UEFI firmware.”
Mark then responded by quoting Michael Larabel as saying that “it’s not a nightmare scenario quite yet”, then adding, “that’s not very reassuring” (it’s actually a very bad scenario).
Responding to Larabel’s assumption that Microsoft might not revoke the Linux key he wrote: “Wow, that’s not something I can really count on” (not based on history anyway).
XFaCE told me some hours ago: “your recent Microsoft articles are excellent. I didn’t know Win 10 had no off secure boot requirement for OEMs, but we knew that would eventually happen. Even Nathan Lineback knew. Doesn’t take a genius.”
Jamie Watson, who recently complained about UEFI and Microsoft’s sabotage of multi/dual-boot setups (we covered it earlier this week), is right now complaining about it yet again and he provides details of what Microsoft is doing to his computer. To quote his summary: “As if wiping one of my disks weren’t enough, Windows Update has decided to go into a ‘reboot loop’ on my desktop Windows 7 system.” To quote him from the body of the article: “I know that I just posted a fairly long rant about Windows Update last week, and I don’t want this to turn into a blog called “Jamie’s Mostly ‘I Hate Windows’ Stuff”, so I am going to make this quite short and to the point. But I think it is important to post it, because it looks like I have experienced a problem that might specifically target people who are likely to read a blog such as mine.
“First, this problem affects my Lenovo T400 laptop, which I use with a docking station on my desk at home, and which is loaded with Windows 7 Professional 64-bit and a variety of Linux distributions. It is not Windows 8, it is not UEFI boot, and it is not a GPT partitioned disk – it is a ‘plain vanilla’ (bog standard? could be appropriate for Windows…) Windows 7 MBR system.”
So Microsoft continues not only to hate GNU/Linux but also to sabotage it, leaving Mr. Watson having to do very complicated things merely to run GNU/Linux on hardware he bought. The vast majority of people can never do this, not even with detailed instructions.
If Microsoft really loves Linux, then it must be next Tuesday already (April 1st). █
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Posted in GNU/Linux, Google, Microsoft, Patents, Samsung at 11:56 am by Dr. Roy Schestowitz
Summary: Microsoft’s Android coup d’état is succeeding owing to public apathy and poor comprehension of what Microsoft really is up to, partly due to media misdirection
Promoters of Microsoft try to tell us that Android backers are now turning to Microsoft, but what they don't talk about are the extortion, bribes and back room deals. This new article from Neil McAllister is belittling (by not even mentioning) the role of blackmail in the case of Samsung, the clear leader in the Android world (based on market share). McAllister says that “Microsoft, still struggling to gain a foothold in the smartphone market, is pressing ahead with efforts to have its software bundled on Android devices from major manufacturers, with Samsung as its first partner.” This is a classic lie by omission and we have seen it almost everywhere we looked on the Internet (presumably it’s the same in the press).
What’s rather troubling is that with more patent lawsuits (Microsoft is still suing Android/Linux using software patents) Microsoft might have more such 'partners' (extorted parties) on the way, not to mention bribed ‘partners’ [1, 2]. Cyanogen got caught opening up to money from Microsoft because they got coverage from Rupert Murdoch-owned media (Wall Street Journal) and interestingly enough it is now Rupert Murdoch who provides funds to this company which turns Android into ‘Microsoft Android’ (Microsoft software pre-loaded). It isn’t too shocking given Rupert Murdoch’s close relations with Microsoft and with Bill Gates, let aside his hatred of Google.
According to this report, Cyanogen “has secured $80m (£54m) in funding from the likes of Twitter, Telefonica and the media mogul Rupert Murdoch.” CBS says “Cyanogen raised $80 million in a series C round of funding led by venture-capital firm Premji Invest, the company announced on Monday. Twitter’s private-investment arm, Twitter Ventures, as well as Qualcomm, and even media bigwig Rupert Murdoch participated in the funding round. In total, Cyanogen has raised $110 million since 2009.”
As we pointed out even years ago, Cyanogen is neither about freedom nor privacy. At the moment it’s about pre-loading Microsoft software (surveillance-centric) from Microsoft. It’s not hard to see whose interests are being served by Cyanogen. █
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Posted in Europe, Patents at 7:32 am by Dr. Roy Schestowitz
Summary: Rikard Frgačić explains the powerful connections acquired though Ivan Šimonović, who is himself connected to EPO Vice-President Željko Topić
IT HAS been almost a week since we last wrote about the thug or the bully called Željko Topić. He is still Vice-President at the EPO, which is rather amazing given the criminal charges that he faces and the generally outrageous background that he comes from, allegedly involving bribes and other serious abuses. Topić is Benoît Battistelli’s right-hand man, so Battistelli’s tyrannical tendencies should come as no surprise (or conversely, the appointment by Battistelli should come as no surprise).
Rikard Frgačić has fought against Topić's abuses for quite a few years and his comments which he sent after we had covered his case highlighted an important name, which can see seen in the above document, implicating Željko Topić in addition to (potentially) Lufthansa.
The person in question (see above document) is Ivan Šimonović (E-mail address ivan.simonovic@hraste-partneri.hr) who describes himself as follows in his public VCARD (don’t mind the relatively poor English):
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TEL;WORK;FAX;ENCODING=QUOTED-PRINTABLE:+ 385 1 49 21 195
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Place of birth: Zagreb, Croatia=0D=0A=0D=0AEducation:=0D=0AInternational Baccalaureate Diploma in 2002, United Nations International School, NY, NY=0D=0ADipl.iur. in 2009 Law Faculty at the Univeristy of Zagreb =20=0D=0A=20=0D=0AWork experience:=0D=0A2009- Lawyer trainee at Hraste & Partners law firm=0D=0A=0D=0ASpecialties and other interests:=0D=0AHelping attorneys in providing legal advice in various areas of civil and misdemeanor law=0D=0APreparing lawsuits and other civil actions=0D=0ACurrent activity of assisting in enforcement cases=0D=0AExcellent knowledge of English language in reading and writing=0D=0APassive knowledge of Franch language in reading and writing=0D=0AUse of MS Office packages=20=0D=0ADrivers license B category (car)=0D=0A=0D=0AMembership:=0D=0A2004 – ELSA (European Law Students Association), 2004-2005 President of ELS=
A Zagreb, 2005-2006 President of ELSA Croatia=0D=0A2009 – Membership in the Association of lawyer trainees with the Croatian Bar Association=0D=0A=0D=0A
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Mr. Frgačić has highlighted to us a very curious connection. Putting aside the United Nations International School (New York), as can be seen above, Frgačić urged us to “note one family name on memo-sheet of lawyer paper (on the bottom) Hraste & Partners in my article [response]. Named Ivan Šimonović, he is a son of the assistant secretary of Ban-Ki-moon, gen. Sec. of UN in New York. His father has the same name.
“By the way, Ivan Šimonović assumed his functions as Assistant Secretary-General for Human Rights on 17 July 2010, heading OHCHR’s New York Office.
“Topić has a lot of power (to abuse) because he is conveniently connected to rather powerful people.”“If you follow Croatian diplomatic network you will found his wife (or his mother) Dubravka Šimonović in Croatian UN & OSCE mission in Vienna (see Diplomatic Missions and Consular Offices of Croatia).
“Its means that this “company” have (Željko Topić friends) cover at 3 UN head points – Vienna, Geneva and New York. This political and horror theme may be published in a stronger daily newspapers or weekly magazines.
“As you see, it’s not a joke or desert mirage…”
Topić has a lot of power (to abuse) because he is conveniently connected to rather powerful people. A lot of people wrongly assume that because he came from Zagreb he is lagging on the influence front. Over the telephone Frgačić repeatedly told us that Topić is a dangerous man. █
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Posted in Europe, Patents at 7:10 am by Dr. Roy Schestowitz
Summary: The ‘reign of terror’ which is primarily attributed to Battistelli and his cronies may be about to end; the Luxembourg parliament approves the Unified Patent Court
THE Dutch media is cracking down on Benoît Battistelli and his authoritarian regime (more on that in days to come). Dutch solicitors too are growing impatient, realising perhaps that the EPO and the Dutch system both lose legitimacy because of Battistelli. Two days ago Dutch News called the EPO’s notorious work atmosphere (that induces suicides) ‘reign of terror’ and wrote that “The European patent office in Rijswijk came under fire in the Dutch media this weekend after claims the management operate a reign of terror. The Volkskrant said on Saturday that many staff have psychological problems. ‘The pressure of work has gone up enormously and colleagues are becoming desperate,’ one source told the Volkskrant. The organisation has become a bastion of fear, the source said. The low point came in 2013 when a young colleague killed himself while at work, the source said. There has never been an investigation into the death but other workers suspect the unreasonable pressure played a part. The organisation has refused to allow the labour inspectorate to look into working conditions at the EU institution and its president, Benoît Battistelli, told the NRC the inspectors have ‘no reason to intervene’.” The article also refers to the Dutch saga which we intend to cover in a much greater level of detail very soon (a lot to catch up with and prepare for publication, including more than a dozen PDFs).
Battistelli has landed himself in yet more of a scandal (a path of scandals) when he chose to discredit, ignore and even stomp a Dutch court’s decision. One of the latest postings on the “Kluwer Patent Blog” is titled “Behavior of Benoît Battistelli is bad for the EPO’s reputation”. Written by the widely-respected and highly-regarded Wouter Pors (secretary of the Dutch group of AIPPI), it says the following: “The behavior of EPO president Benoît Battistelli is bad for the reputation of the European Patent Office and may in the longer term force him to resign. Wouter Pors, IP practitioner of Bird & Bird, said this in an interview with Kluwer IP Law, on the occasion of a recent decision of the Dutch appeal Court in The Hague.
“The so-called Gerechtshof found that the EPO is violating the European Treaty on Human Rights by blocking mails from the labor unions and by limiting the workers’ right to strike. The Court said that regardless of the question whether the EPO is an autonomous international organization with its own legal order and staff policy, and which in principle enjoys immunity from the jurisdiction of Dutch courts, this autonomy cannot encompass/include the right to violate fundamental European rights (…) without offering parties such as the unions any legal remedy.”
“Battistelli reacted with fury. He was quick to announce that the judgment was ’neither legally admissible nor practically enforceable’ and nothing would change at the EPO. Apart from that, he thought it ‘unfortunate that such a dangerous development was initiated and encouraged by an union whose first aim should be to preserve the fundamental interests of the staff and the Organisation’. Battistelli must have felt reassured by the Dutch minister Opstelten, who announced that as the EPO was ‘immune from execution’, there would be no action from the authorities in the Netherlands.
“The way Battistelli talked about the Court was very inappropriate, according to Wouter Pors. ‘You cannot say this. It amounts to saying “the judge is crazy”! That is disrespectful and contrary to fundamental principles as laid down in Art 4 of the Treaty on the creation of the European Union, that members of the EU should respect each other’s institutions. 28 out of the 38 EPC members are also members of the European Union. They cannot accept such disrespect towards one of their courts.’”
“This is not going to help Battistelli. He is under fire from many directions right now. “Here is some background information about Wouter Pors. Bird & Bird says “Wouter Pors leads the IP group, and has a broad practice covering patent, copyright and trade mark litigation.”
This is not going to help Battistelli. He is under fire from many directions right now. Even pro-patents circles are tired of him. They want him out.
Meanwhile, according to some sources, “Luxembourg parliam[ent] today approved #UnifiedPatentCourt Agreement unanimously! main discussion was languages/costs.” The FFII’s president wrote back that “Luxembourg ratified the unipat today, time to work on an appeal. Anyone knows the delay to file an appeal?” The FFII’s Ante Wessels recently warned that the “International investment court plan threatens our democracy”. That’s what it’s all about really. It’s an attack on democracy in Europe. Battistelli plays a considerable role in it.
The EU patent package that we have been covering for years and chastising repeatedly is back in the headline (as mentioned here a week before the news from Luxembourg) and professors are raging while Wouter (above) responds. Wouter Pors writes something titled “Law professors petition against the Unitary Patent Package – but are the arguments correct?” (c/f professors’ petition [PDF])
One sure thing is, there is a lot of shakiness in the European patent system right now. Corruption, abuse, oppression and censorship are just some of the elements at play. This cannot endure; change is imminent. █
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Posted in Europe, Patents at 6:36 am by Dr. Roy Schestowitz
Summary: More EPO interventions — this time from France — target Benoît Battistelli over his abuses and take it up to Eurocrats for political actions
Benoît Battistelli is French and he is well-connected not only within the EPO's management but also in Ecole Nationale d’Administration at his home country (never mind INPI in particular), yet it doesn’t mean that he is immune to criticism from French politicians.
Several months ago the French Senator Jean-Yves Leconte wrote a letter to the French Ministry in charge of the INPI [1, 2].
A new kind of intervention from Philip Cordery and Pierre-Yves Le Borgn’ has been flagged to us. There are two separate actions. See the PDFs below (provided to us anonymously):
- PYLB-EPO-CRISIS (in French with English translation, German translation, and Dutch translation)
- CORDERY-ILO (in French with English translation and German translation)
- CORDERY-EU (in French with translations)
- CORDERY-EPO (in French with translations)
These 4 PDFs show that opposition to the scandalous tyranny of Battistelli keeps growing. Here is the English translation of (1) above:
European Patent Office: When will the Crisis end?
English translation
4 March 2015
It will soon be a year since I posted on my site (click here) the numerous initiatives I had come up with in response to the requests and appeals from a substantial number of members of the European Patent Office relating to the disturbing deterioration of social relationships within their organization. I have not expressed myself more elaborately in public since then, but I have nevertheless been keeping in touch by mails, telephone conferences, meetings, and other visits to the French Government as well as the presidency of the EPO, with the aim of contributing to the search for a solution which will bring an end to the crisis which is besetting the organization. Last month, when I went to Munich, I had a meeting lasting close on two hours face to face with the President Benoît Battistelli, whom I would like to thank. I also met with a number of members of the staff, at their request, together or individually. These persons, as well as those who have written to me, have told me of the risk they were taking in communicating with me, and immediately asked me not to reveal their identity for fear of disciplinary sanctions against them.
I cannot conceive, and cannot accept, that communicating with a member of parliament could result in threats, sanctions, and even a wrecked career. Behind the member of staff I see a citizen. All this is symptomatic, unfortunately, of a deleterious social climate. I am familiar with the commercial world, having spent more than 20 years of my life in it. I know that social relations can sometimes be difficult. As well as that, I also know that getting out of a crisis requires from all parties concerned a common willingness to understand the difficulties being encountered, and to find together the means to get back on track. The key is there. I am convinced that an organization operating in an atmosphere which has deteriorated to this extent, characterized by fear and suspicion, and without any prospects other than one bloc against another, in the hope that one of them will end up giving way, is an organization which is doomed not to achieve its aims. This prospect cannot be allowed to be the future of the EPO, of which the role for the European economy, innovation, and employment, is essential, now more than ever.
On my return from Munich I contacted the Minister of the Economy, Emmanuel Macron, and told him how I felt, as well as presenting a series of proposals. I had not originally envisaged making a public statement. It was the ruling by the Court of Appeal at The Hague of 17 February last, and the developments which followed, which caused me to change my mind. It is in fact unknown, or almost so, that the immunity of an international organization should be impugned by a court. How can one not be shaken when a court as important and prestigious as this takes the view that the failure of the system for the resolution of conflicts within the EPO is interpreted as an unacceptable infringement of the fundamental rights enshrined in the European Convention on Human Rights, and therefore leading to the suspension of the immunity of the organization? Such a judgment would merit, at the very least, with regard both to its expectations and its consequences, a debate between the Member States within the Administrative Council. Nothing of the kind. I was amazed to learn that the President of the EPO had announced to the staff that the organization would not be submitting to the ruling by the Court.
It is time for the Member States to get back in control. The legitimacy of an international organization, and the EPO is no exception, rests on them. When one has lost immunity from jurisdiction, it is futile to invoke despairingly immunity from enforcement. The EPO has been suffering for years from a lack of governance, attributable to the increasing lack of interest by the Member States in any relevant subject, more or less, relating to the separation of power from the elementary rules of checks and balances, in particular with regard to the matter of internal monitoring and control. It has been 15 years since the last meeting of the inter-ministerial conference which is provided for in the statutes of the organization. The present situation means that the holding of such a meeting in the near future is a matter of urgency. That notwithstanding, it should be possible for such a meeting to be held every two years. The conference would establish the framework of action of the EPO, and confer control on the Administrative Council. The power of the major States which are the purveyors of patents should also be enhanced, breaking with the rule of one State – one vote, and moving towards a weighting arrangement of the votes. And in order for the Administrative Council to play its role in a truly active way, a system of incompatibility should be put in place such that the exercise of the Presidency of the Administrative Council becomes incompatible with candidature for the Presidency of the EPO.
To emerge from the present crisis, an independent social audit is required. It is up to the Member States to define the scope, and to assess the content of the decisions which it would be appropriate to adopt in accordance with the recommendations of the auditors. The future of the EPO depends upon this. This is not a matter of personages, or of a referendum on the pertinence of social democracy. An organization, in order to survive, needs concord, dialogue, and decisions agreed, shared, and accepted. Such are, pending the meeting of the Administrative Council of the EPO on 25-26 March, the positions and suggestions which I, as a member of parliament, am taking the liberty of drawing to the attention of the Government of France.
See the original PDF for the original French version as well as the German translation and Dutch translation.
The next file contains an English translation of the letter from Philip Cordery. Here it is in full and in English:
National Assembly
French Republic
Liberty – Equality – Fraternity
Philip Cordery
Deputy for the French of Benelux
Secretary of the Commission for European Affairs
Member of the Commission for Social Affairs
President of the Study Group for Cross-border Zones and Workers
Paris, 20 February 2015
Ref.: PC/AF/61
To the Director General, Dear Guy,
I am writing to draw your attention to the extremely deleterious social climate which has prevailed for some months at the European Patent Office (EPO).
This inter-governmental organization has more than 7000 personnel, recruited from 38 Member States, who carry out remarkable work and make a major contribution to innovation, competitiveness, and economic growth in Europe.
This excellent success is, however, being undermined by the social policy being applied within the organization. In effect, since 2012 the management body has, little by little, been introducing a large number of repressive measures which do not respect the fundamental rights of the employees
I was alerted to this matter by the trade union of the European Patent Office and by a number of members of staff, who expressly asked me to preserve their anonymity for fear of reprisals. A number of press articles have likewise been reporting on the situation in the local newspapers.
The facts speak for themselves. The exercise of the right to strike has been blocked, and threats of disciplinary sanctions have been abusively used to limit the rights of expression of the personnel.
The union has been muzzled, and disciplinary sanctions have been inflicted on close to a dozen union representatives. Certain employees have also been subjected to suspension and reduction in status for abusive and fallacious reasons.
As well as this, there have been three deplorable cases of suicide in the past 24 months, one at the workplace during working hours.
The management of the EPO is diverting the immunity of the international organization from its main purpose, and is using it as a lead weight, to crush without moral or legal consideration the fundamental rights of the employees, who are, as a result, particularly vulnerable, since they do not enjoy any national judicial protection in matters of labour law.
This social situation incurs a major risk in terms of affecting the role and the very effectiveness itself of the institution in its mission of public service, in Europe and internationally.
I would therefore be grateful if you, in your capacity of Director General of the International Labour Organization, would take action in order to facilitate a return to social dialogue and, for example, press for an external examination of the governance of the EPO.
I take the liberty of emphasising the urgency of the situation, given that the working conditions have become a matter of great concern to the vast majority of the 7000 employees of the EPO.
I am at your disposal to exchange views on the matter, and remain,
With best regards
Philip Cordery
Mr. Guy Ryder
Director General of the International Labour Organization
International Labour Bureau
4, Route des Morillons
CH-1211 Geneva 22
Switzerland
More translations and original text are in the PDF.
Another letter from Cordery addresses a Commissioner at the European Union and says:
National Assembly
French Republic
Liberty – Equality – Fraternity
Philip Cordery
Deputy for the French of Benelux
Secretary of the Commission for European Affairs
Member of the Commission for Social Affairs
President of the Study Group for Cross-border Zones and Workers
Paris, 20 February 2015
Ref.: PC/AF/62
I am writing to draw your attention to the extremely deleterious social climate which has prevailed for some months at the European Patent Office (EPO), the executive body of the European Patent Organization, the structural elements of which are based in The Hague, Brussels, Vienna, Munich, and Berlin.
I have been approached by the trade union of the European Patent Office and by a number of members of staff, who expressly asked me to preserve their anonymity for fear of reprisals. A number of press articles have likewise been reporting on the situation in the local newspapers.
Since 2012 the management of the EPO, under the aegis of the President, has been instituting a system of management which is authoritarian and repressive.
Communications from the union and the exercise of the right to strike have been drastically curtailed. Pressure, threats, and disciplinary procedures have been abusively used to restrain the expression of opinions by the staff and the union representatives. Certain employees have likewise been subjected to suspension and reduction in status for abusive and fallacious reasons.
As well as this, three cases of suicide by staff members of the EPO have occurred in the last 18 months, one at The Hague at the workplace and during working hours.
The majority of the measures taken by the management do not respect the letter of European law, which is totally unacceptable for an international organization based on the territory of the European Union.
Moreover, the 7000 staff members who work within the intergovernmental organization are particularly vulnerable, since they do not enjoy any national judicial protection in matters of labour law.
This social situation incurs a major risk in terms of affecting the role and the very effectiveness itself of the institution in its mission of public service, in Europe and internationally. The role of the EPO is preponderant within the framework of the reform of the unitary patent being conducted by the Commission, as well as in the context of innovation, competitiveness, and economic growth in Europe.
I would therefore ask you, in your capacity of European Commissioner, to intervene with the management of the EPO, to remind them of their legal and moral obligations to act with full respecting of European labour law.
I am at your disposal to exchange views on the matter, and remain,
With best regards
Philip Cordery
Ms. Elzbieta Bienkowska
European Commissioner for the Internal Market, Industry, Entrepreneurship and SME’s
European Commission
Rue de la Loi 200
1049 Brussels
Belgium
CC Ms. Margrethe Vestager
European Commissioner for Competition
European Commission
Rue de la Loi 200
1049 Brussels
Belgium
The German translation and original French text are in the PDF.
Finally, here is the press release targeting the EPO itself:
National Assembly
Press Release – 4 March 2015
Philip Cordery
Deputy for the French of Benelux
Secretary of the Commission for European Affairs
Member of the Commission for Social Affairs
President of the Study Group for Cross-border Zones and Workers
Antisocial policy of the EPO condemned by Court at The Hague
The European Patent Office (EPO) has been taken to court in the Netherlands by the EPO union, which is charging the Office with having introduced repressive social measures which contravene the fundamental rights of the staff. The Court of Appeal at The Hague, in its judgment of 17 February 2015, held the view that the rights of the union have been infringed, and has therefore ordered the EPO to amend its internal regulations.
Philip Cordery, Deputy for the French of Benelux, is pleased with the court judgment, which shows that the managerial policy adopted by the EPO directorate constitutes a genuine repression of union rights and is contrary to the laws in force in the Netherlands. The Hague Court in effect ruled that the procedures are illegal which relate to the exercise of the right to strike, and the conditions limiting the nature and duration of strikes, and has ordered that these be suspended immediately. The EPO is likewise required to guarantee union representatives free access to the EPO electronic messaging system, and no longer to issue threats of disciplinary measures for the sending of general communications to EPO staff. Finally, the Court has ordered the EPO to admit the union to collective negotiations.
Once again, the President has distinguished himself by rejecting a court decision from a democratic State, on the pretext that this would be contrary to the principle of immunity which the EPO enjoys. It is now a matter of urgency for the management to realise that the EPO cannot be an area where law does not prevail, and that it must respect international working standards and the European Charter on fundamental rights. It is in this spirit that Philip Cordery has recently called upon the Director General of the ILO, Guy Ryder, and the European Commissioner Elzbieta Bienkowska, to intervene.
The Deputy reiterates his support for the unions and for all the personnel at the EPO, and calls on the management to respect the decisions pronounced by the court, with the aim of re-establishing a calm social climate and restoring confidence among all the staff members.
Press contact:
Laure Delcroix
presse@philipcordery.fr
Mobile: +33 7 86 02 77 29
There is a lot more in the original PDF and there is a big load of material relating to the Dutch court which we shall cover in the future along with English translations of original texts (in Dutch).
MEPs from many countries are now openly complaining about the EPO and putting the feet of management to the fire. So the momentum is there and we do, by all means, expect justice to be attained and for Benoît Battistelli to be ousted (unless he pro-actively steps down). We are now coming to the point where Battistelli is more afraid of staff rather than the staff being afraid of Battistelli. It’s a tipping point. See the new article titled “European patent office under fire over ‘reign of terror’”; it was published in a major news site two days ago.
The next post will delve deeper into broader responses to Battistelli’s abuses. █
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