11.24.15

New Heise Article Makes It Clear That ‘Nazi’-Themed Accusations Against the Suspended Board Judge Were Insufficiently Substantiated

Posted in Europe, Patents at 3:38 am by Dr. Roy Schestowitz

Emile Zola's article
Context

Summary: The personal attacks on a judge who was illegally suspended (a so-called ‘house ban’) increasingly look like the management’s own campaign of defamation, mostly intended to marginalise and punish a judge who spoke about serious charges against VP4 (Željko Topić)

READERS are advised to recall that the EPO’s media strategy right now is to frame its dissenting staff as armed and violent Nazis or Jihadists. It’s a pretext for attacking such staff, denying staff the right to free speech. Yesterday we published 7 articles about the EPO’s many abuses. In the 7th article we mentioned this new article from Heise journalist Stefan Krempl, whose previous article had a translation of (translation into English, as posted here). This time too we have a quick translation (approximately 12 hours after publication). Here it is:

European Patent Office throws out union leaders

heise online

23.11.2015 18:33 Stefan Krempl

The European Patent Office opened disciplinary proceedings against three trade unionists and suspended them. They are accused of having unlawfully counseled employees and to have blabbered too much.

“They are accused of having unlawfully counseled employees and to have blabbered too much.”The domestic bliss at the European Patent Office (EPO) in Munich remains troubled. The newest unrest is mainly caused by the agency’s harsh treatment of three leading representatives of the institution’s international trade union (SUEPO): the chairwoman of the staff representation, Elizabeth Hardon, her predecessor, as well as the treasurer have been ordered to stay away from work since last week. The EPO opened disciplinary proceedings against them and suspended them as well. They are threatened with a swift dismissal.

The unionists are accused among other things of having unlawfully counseled fellow employees as well as a recently suspended patent judge, in addition to having threatened or bullied other union members, and to have informed third parties of the ongoing internal investigations against them. An EPO-spokesman confirmed the procedure to the Münchner Merkur and the Juve professional information service.

Confidential information betrayed?

“A labour law expert having knowledge of the case declared to “Juve” that in view of the latest escalation, the legal protection of the concerned parties was reduced to a joke.”Hardon had already been threatened last September with legal measures. She was most notably inculpated of having divulged that she had been summoned before the office’s relatively recent “Investigation Unit”. Through her lawyer, the unionist had resolutely rejected the accusations in a letter to the EPO Administrative Council. The matter at stake was allegedly a single sentence in a private and confidential discussion amongst the Staff Representation, as a part of an “opinion finding process”.

“Even if the disciplinary commission were to clear Hardon and her comrades of any wrongdoings, the president of the EPO wouldn’t be bound by its conclusions and nevertheless dismiss or otherwise sanction them.”A labour law expert having knowledge of the case declared to “Juve” that in view of the latest escalation, the legal protection of the concerned parties was reduced to a joke. Even if the disciplinary commission were to clear Hardon and her comrades of any wrongdoings, the president of the EPO wouldn’t be bound by its conclusions and nevertheless dismiss or otherwise sanction them. Only at that point would the concerned parties be able to involve the International Labor Organisation’s Administrative Tribunal. But many years could pass until a final decision is pronounced, and no one can verify whether the judgement is implemented.

The Patent Office’s “Sun King”

“The Frenchman has been accused for quite a while of running the institution as if he were the Sun King.”According to some reports, about 2000 EPO-employees spontaneously gathered for a demo before the Munich seat of the organisation, which has around 7000 employees in several locations. The demonstrators’ anger was particularly directed against the organisation’s chief Benoît Battistelli. The Frenchman has been accused for quite a while of running the institution as if he were the Sun King. Even though there were strikes and demos protesting against the working conditions within the EPO before Battistelli’s time, the protest have been markedly exacerbated since his 2010 inauguration as president.

“It stated that the accusations against the jurist were insufficiently substantiated.”The EPO’s Enlarged Board of Appeals meanwhile rejected a request of the Administrative Council for removing a patent judge from his office, who had been the target of an other disciplinary procedure, in addition to having been counseled by Hardon. This emerged from the decision which the IPKat blog published. It stated that the accusations against the jurist were insufficiently substantiated. This raised the suspicion that the real intent was to get rid of a “bothersome judge”. The Administrative Council nevertheless initiated around mid-October a procedure for removing him from office. The highest instance of the judicial branch of the administration will have to deal with this affair anew.

“This raised the suspicion that the real intent was to get rid of a “bothersome judge”.”The Administrative council, which is composed of the representatives of the 38 member states of the European Patent Organisation (EPOrg), is the supervisory instance of the administration. It has supported Battistelli up to now. The EPO as an international administration is not subject to the law of any particular country, and thus frequently floats in a difficult to control gray area. (axk)

There is a link inside the article to the letter from Hardon, who complains about institutional harassment by "Sun King" and his team. It’s a link to Techrights. Unfortunately, the flow of information inside the EPO is greatly impeded by such institutional harassment. As one person put it, “the fact that no one dared to forward [material] in electronic form to the staff representation speaks volumes about the atmosphere of fear of retaliation that currently prevails in the Office, and the total lack of trust of staff in any meaningful form of data protection in the Office” (the EPO just arrogantly ignores European laws).

“The president stated several times that the opponents to his plans are just a few disgruntled examiners,” as this person points out, yet this president is attacking every employee. “I see that the techrights.org webserver is unresponsive,” wrote another person last night. “Could it be under suffering for its unfavourable coverage of the ongoing EPO hoohah?”

“I see that the techrights.org webserver is unresponsive. Could it be under suffering for its unfavourable coverage of the ongoing EPO hoohah?”
      –Anonymous
“What is the opposite of a “media partner”, by the way? Whatever it is, maybe the EPO has decided that techrights.org is one, deserving of special treatment.”

Actually, a massive surge in the number of cracking attempts to about 5 per second is partly to blame for accessibility or uptime issues. We don’t know who’s being such frequent attacks; we can only hypothetise. There is another new comment there, which says: “In his letter to the French representative Pierre-Yves le Borgn’, President Battistelli wrote that it was easy to prove that the interrogations of staff representatives were not violent because they were recorded. In order to prove this to be correct these recordings should be made available to the addressee by the EPO, a public institution that pretends to be more and more transparent. In fact staff are banned from the EPO premises if they make public that they were submitted to interrogation.

“The “conspirators” are not guilty of any wrongdoing either and Battistelli wilfully misled to the representative, the AC and the general public.”
      –Anonymous
“Mr Battistelli further stated that there was an intense defamation campaign originated by a member of DG3 who was guilty, according to BB, of conspiracy against the EPO. Said member, according to BB, stored weapons (!) and nazi propaganda in his office and wrote racist letters. Battistelli, when he wrote this letter on 20.11.2015 was aware of the EBoA decision Art 23 1/15, which concluded that there was no convincing evidence whatsoever in this respect. Said DG3 member is thus innocent and Lord Schiemmann has been proven to be wrong.”

“The “conspirators” are not guilty of any wrongdoing either and Battistelli wilfully misled to the representative, the AC and the general public.

“Further, Battistelli said that EPO staff wants to block the community patent, which is a mere allegation, he has not permitted staff expression on this subject nor on any other and there is no “rich and respectful social dialogue” either.

“Further, Battistelli said that EPO staff wants to block the community patent, which is a mere allegation, he has not permitted staff expression on this subject nor on any other and there is no “rich and respectful social dialogue” either.”
      –Anonymous
“Just to put it straight, there are, according to public EPO reports, 6000 candidates for examiner posts at the EPO in 2015, not 20.000. Productivity has increased mainly thanks to window dressing (ECfS).

“Thank you Mr. Le Borgn’.”

We are still hoping to publish a translation (from French to English) of the EPO’s puff pieces in its “media partner” — the same pieces which Battistelli is so eager to pass around to people like Pierre-Yves.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2015/11/24/new-heise-article-makes-it-clear-that-nazi-themed-accusations-against-the-suspended-board-judge-were-insufficiently-substantiated/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Politicians Need to Crack Down on Microsoft's Monopoly Abuse Amid Yet More Attacks on Linux (Even From the Inside)

    The most abusive 'tech' company (akin to a cult disguised as "software company" since the 1970s) is distracting lawmakers and attacking Linux from the inside; thankfully, those insipid plans of theirs face major backlash from longtime kernel developers and GNU/Linux users



  2. [Meme] Timely Timing?

    There’s a hearing next week and the timing is a bit interesting (journalists away from their desks, most English-speaking lawyers also on holiday)



  3. IRC Proceedings: Wednesday, June 23, 2021

    IRC logs for Wednesday, June 23, 2021



  4. Virtual Injustice -- Part 15: A Pandora's Box... But for Whom?

    EPO insiders suspect that Campinos is trying to supplement the "absentee governance" of the Administrative Council with a new layer of "remote management" based in Alicante



  5. Links 24/6/2021: End of Akademy 2021 and Good News From SCOTUS (About PTAB)

    Links for the day



  6. Links 23/6/2021: TeXmacs 2.1 and Blender LTS Support

    Links for the day



  7. How to Install and Then Use NetSurf as a Web Browser for the User-Centric Web, Not 'GAFAMNet'

    Today we take a quick look at what it's like to actually install NetSurf (some distros, like some Xfce-based ones, are bundled with it); we then take it for a spin



  8. Shifting Back to Fundamentals and Basics of the World Wide Web (and Gemini)

    Gemini protocol or simplified Web might be the way to go; it's easier to maintain, secure, and it's vastly better in terms of performance



  9. First I Came

    Time after time people will be reminded — or learn the hard way — that self reliance and avoidance of disappointment typically requires self-hosting, proper standards, free software, and simplicity, not outsourcing, large frameworks, and other kinds of unnecessary complexity



  10. IRC Proceedings: Tuesday, June 22, 2021

    IRC logs for Tuesday, June 22, 2021



  11. Time for Linus Torvalds to Enforce and Protect His Brand From Misuse by His Employer, the So-called 'Linux' Foundation

    The gross misuse or misapplication of the brand "Linux" is being highlighted in this video about the latest examples. It has gone too far; whether Linus Torvalds wishes to rock the boat that’s the so-called ‘Linux’ Foundation is totally up to him, but it might help if people contact him directly, especially longtime users and proponents of GNU/Linux.



  12. Links 23/6/2021: WordPress 5.8 Beta 3 and More Openwashing by LF

    Links for the day



  13. Links 22/6/2021: KDE Plasma 5.22.2, FreeBSD 13.0 Compared to DragonFlyBSD 6.0

    Links for the day



  14. “Linux Foundation Partners With Microsoft” Again

    Jim "Open Source Loves Microsoft" Zemlin shows (or rears) his face again, and as usual it’s just more promotion of marketing rubbish and openwashing of Microsoft (several new partnerships with Microsoft announced just hours ago)



  15. Links 21/6/2021: NVIDIA’s DLSS and Most Beautiful GNU/Linux Distributions

    Links for the day



  16. Neil's Misgovernment

    The GNOME Foundation has one member of staff fewer; the attack on the founder/father of Free/libre software activism and GNU (the "G" in GNOME) failed and backfired spectacularly



  17. IRC Proceedings: Monday, June 21, 2021

    IRC logs for Monday, June 21, 2021



  18. Virtual Injustice -- Part 14: How Mandatory ViCo Became the “New Normal”

    How mandatory ViCo hearings gradually became the "New Normal" at the EPO



  19. Links 21/6/2021: Rocky Linux 8.4, IPFire 2.25 - Core Update 157, and SUSE Linux Enterprise 15 SP3

    Links for the day



  20. There Are Bigger Scandals Than Revisionism and Brand Dilution at the Linux Foundation

    There are some misconceptions that need tackling; back in February (more than 4 months ago) the so-called 'Linux' Foundation decided to associate with yet another controversial drive that has nothing to do with Linux; some people think it's a new thing and leap to conclusions



  21. Techrights Video Gallery Without JavaScript

    Some of the improvements made this morning to the gallery of recent videos



  22. IRC Proceedings: Sunday, June 20, 2021

    IRC logs for Sunday, June 20, 2021



  23. Links 21/6/2021: Linux 5.13 RC7, IRC.com by Freenode

    Links for the day



  24. Virtual Injustice -- Part 13: Let the Games Continue…

    "It would be nice to think that the events of 28 May have given the Enlarged Board pause for thought."



  25. Links 20/6/2021: Akademy 2021 Underway and Linux Foundation Blasted

    Links for the day



  26. EPO: Fake Patents, Fake (Paid-for) Patent Coverage, and Fake Awards for Public Relations Purposes

    The media has been thoroughly corrupted, patent legitimacy has been severely damaged (far too many European Patents aren't in compliance with the EPC anymore), and Team UPC is trying to undermine the EPC and turn Europe into another Texas



  27. Changes in IRC and New Features Over Gemini Protocol or the World Wide Web

    We examine more closely some of the latest changes in the site and the capsule (Web and Gemini, respectively); we show that it’s possible to keep abreast of IRC using nothing but a text editor, a Gemini client… or even the command line alone



  28. IRC Proceedings: Saturday, June 19, 2021

    IRC logs for Saturday, June 19, 2021



  29. We Need and Deserve a Saner Patent System in Europe

    The laughing stock that the patent system, the patent law firms, and patent media became (over the past few years) must be replaced; at the moment we have a cabal connected to a bunch of criminals running the entire show and the public understandably grows impatient (at least people who are sufficiently informed; the criminals have already intimidated and bribed a lot of the media and they're still bribing more of it, as we shall demonstrate later today)



  30. [Meme] IRC Wars in a Nutshell

    In terms of large IRC networks, we’re in trouble (unless we self-host) because they seem to be dividing themselves along political lines rather than anything technical or something of an on-topic/relevant substance. Using networks for Free software projects/organisations to push one’s political agenda is not acceptable because it’s starting to seem like in IRC space, FN has become the Front Nationale (French) and LC is Liberal Coalition. Both FreeNode and Libera Chat have managed to turn from technical platforms into political parties, in effect using technical networks (intended for technical projects) to push someone's political agenda and thus misusing them for personal gain. There’s no free lunch. As it turns out, FreeNode’s new owner (Andrew Lee) has just outed himself as a huge Donald Trump supporter who speaks of “these fuckers who stole that shit” (he meant the election, which he insists Trump actually won in 2020).


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts