12.08.17

EPO Scandal Spills Over to Irish Media, So It’s Time for the Backstory

Posted in Europe, Patents at 3:14 am by Dr. Roy Schestowitz

Irish Leprechaun

Summary: A lot more is being revealed by the media this week (regarding the EPO’s “war on judges”) and now that it’s a more ‘mainstream’ subject we can shed light on the background to it

Background/overview of EPO affairs is essential for getting more people actively involved. We’re aware that many people out there don’t know (or don’t care) what happens at the EPO. They don’t even know that it’s the second-largest European institution. Many don’t even realise that it exists. Over here there’s a cross-section of the population which is up in arms over the European Commission, angered by relatively small ‘scandals’ while turning a blind eye to much bigger scandals.

The latest scandal was covered in 5 articles yesterday, namely:

  1. ILO is ‘Forcing’ Team Battistelli to Compensate the Banned Judge and Give Him Back His Job
  2. Meanwhile in Eponia, Tyrant Battistelli Must be Seeking Advice on How to Refuse to Obey Court’s Orders (Again)
  3. ILO Said Give the Judge His Job Back, But Christoph Ernst’s Administrative Council Will Likely Let Him Go (Unemployed)
  4. Less Than 24 Hours Later the EPO Already Refuses to Obey Court Orders From ILO (Updated)
  5. Battistelli’s EPO is Once Again Caught in Very Gross Violation of the European Patent Convention (EPC)

“The ILO is alive,” said one blog post, “but are the boards too,” a comment continued/inquired.

Here is that comment:

“The board of Appeal Member turned up for work today and the head of EPO security told him that she was under instructions from ”above” to disregard the court order, and he will not be allowed in any EPO buildings”

Should it be true that this judge is not allowed to resume his activity as a member of the boards for at least the period of time he still had to serve when he was suspended, his colleagues of the boards should immediately stop working until the AC has reinstated the rule of law.

Otherwise they would definitely disqualify themselves as judges, and provide even more grounds for the Federal Constitutional Court to deny constitutionality of the european patent procedure for lack of a truly independant judiciary.

The next (and last) comment explained that whatever the EPO does/did to the judge may be a death blow to UPC. To quote:

Look, matey, I know a dead parrot when I see one, and I’m looking at one right now.

Title says it all really. The only way that the UPC could have survived these decisions is if the EPO had immediately followed them in full *and* reappointed the judge. With this on top of the decision of the Enlarged BoA in case no. Art. 23 1/16, I really don’t see how the German Constitutional Court could ever find that the BoA are in any way judicially independent.

For those who haven’t read them yet…
Decision 3958: http://www.ilo.org/dyn/triblex/triblexmain.fullText?p_lang=en&p_judgment_no=3958&p_language_code=EN

Decision 3960: http://www.ilo.org/dyn/triblex/triblexmain.fullText?p_lang=en&p_judgment_no=3960&p_language_code=EN

There’s deep juridical deficit and profound disregard for the principles of the Rule of Law at the EPO, so how can anyone entrust/assign the EPO to deal with “unitary” effect? That would be insane, not just irresponsible.

And speaking of UPC, don’t mind British Team UPC going on about the supposed ‘progress’ in the UK. Even a longtime UPC proponent (Michel Barnier) serves to debunk these people. A British journalist has just said (in effect rebutting this jingoism from Robinson): “The line about the UPC being part of negotiations also puzzling. I was informed by a spokesperson for Barnier that the UPC was not an EU institution therefore not part of the exit negotiations.”

Obviously not. It’s just a lot of noise from Robinson et al lately, among unfortunate admissions that he’s being disingenuous/dishonest (thread) and proud to be self-deluding (as even people from the same sector as him regularly allege). But anyway, we digress.

“There’s deep juridical deficit and profound disregard for the principles of the Rule of Law at the EPO, so how can anyone entrust/assign the EPO to deal with “unitary” effect?”Ireland, which canceled (or ‘indefinitely postponed’) its UPC referendum, has finally caught up with the above scandal (not just the EPO fiasco in general). Yesterday at night we found the latest EPO scandal in Irish media (Irish Times). The Irish media too is now naming Patrick Corcoran. The Register (now with 30 comments on the subject) was the first to do it, in effect ‘unmasking’ him. Desirable or not? We have known the name for a number of years, but we chose to prevent associating the name with the bogus accusations. Perhaps now that ILO sides with Corcoran it will be simpler for the public to accept that he’s innocent.

The Irish Times says that “Mr Corcoran’s central complaint was the EPO president, Mr Battistelli, played a key role in the decision to suspend him and to later continue the suspension. He argued that Mr Battistelli was not a “neutral and disinterested party” because he was the subject of the alleged defamatory attacks.”

Well, in a functioning society he’d be in a straightjacket somewhere. He’s clearly under-qualified (he doesn’t even speak the local language, he lacks education in the domain he deals with and so on) and he turned the pride of Europe — probably world’s best patent office — into the shame of Europe. He did this in just a few years.

To quote further from the Irish Times, which is understandably sympathetic towards Corcoran:

Mr Corcoran argued this was a “manifestly flawed opinion, which was tainted with bias and which breached the principle of due process.

“The president had a personal interest in the matter, and thus should have recused himself before rendering such opinion on account of a real or apparent conflict of interest.”

According to documents disclosed to the ILO tribunal, the EPO’s internal investigative unit alleged Mr Corcoran had, using a pseudonym, made defamatory statements that Mr Battistelli had attempted to “buy votes” by hosting delegates.

It alleged Mr Corcoran also sent a letter to the deputy mayor of Saint-Germain-en-Laye in France, where the president was a town councillor, accusing Mr Battistelli of abuse of power at the EPO.

The tribunal accepted Mr Corcoran’s argument that Mr Battistelli should not have had a decision-making role in the suspension because he was the subject of the alleged defamation.

It said Mr Battistelli had a conflict of interest and said the administrative council erred in not making a ruling to this effect. It said the matter should have instead been handled by the EPO’s second most senior official.

Another new article on the subject comes (again) from IPPro Patents and it’s unique in the sense that it quotes the Central Staff Committee:

The ILO said the situation “casts doubt on the president’s impartiality”. [What an understatement!]

Battistelli is due to leave his post as president of the EPO in mid-2018, but has recently attempted to push through major reforms, including the replacement of permanent employment contracts with five-year fixed term contracts.

In its letter, the CSC said that, prior to the publication of the ILO judgments, “the president of the office managed to convince the administrative council to convene two exceptional budget and finance committee meetings in order to enable him to get his latest proposed reforms approved before the end of his reign”.

It concluded: “The ball is now with the administrative council, which urgently has to answer the following question: should these reforms be left to a president and team having such a record of performance?”

We would like to share with readers some background to this ‘case’. It is connected to another ‘case’ (Els Hardon, a prominent SUEPO official) and has similarities to it, including the bogus “armed Nazi”-themed accusations (Nazi salutes, so-called ‘snipers’ and so on). It’s based on a bunch of lies and the purpose is to distract from real, legitimate abuses of Team Battistelli. The “Nazi” smear is designed only to discredit the so-called ‘whistleblowers’ (if that’s the right term).

“There was also the picture of Željko Topić’s stolen car in the EPO parking. I can’t say who took that one, but I wouldn’t be surprised that it’s a part of the story.”
      –Anonymous
“I think that this is the real background to the Hardon/Corcoran affair,” one reader once told us. “From what I can piece together Corcoran was communicating with Hardon stuff on Željko Topić, essentially the articles in the Balkan press. What was communicated, and how it was sent isn’t clear, but from what I heard, it was private communication.

“The material hardly found an audience beyond the INTERNAL, password-protected SUEPO forum. There was juicy stuff [e.g. the Zagreb newspaper articles], but nothing beyond what has come out since, and this forum could hardly be qualified as “public”. These idiots don’t realise that the public enjoying the EPO dirty laundry must have grown a thousand fold since the scandal began.

“There was also the picture of Željko Topić’s stolen car in the EPO parking. I can’t say who took that one, but I wouldn’t be surprised that it’s a part of the story.

“The SUEPO forum went offline exactly at the time the storm began, and never returned since. Coincidence?

“The SUEPO forum went offline exactly at the time the storm began, and never returned since.”
      –Anonymous
“This is what they called “publication of defamation”, and probably the reason why Battistelli was actually unable to put together a case before the BOA, but could only provide [falsifiable] data on an USB stick. They would have indicted themselves more than the accused. They must have been somehow hoping that the EBA would have understood what was expected of them.

“As to who said what to whom when, we’ll probably never know.”

Thankfully, the BOA/EBA didn’t fall for it.

“One version of the story I heard,” our reader continued, “is that Battistelli and Željko Topić were attempting to destroy Els Hardon, which explained the targeted intelligence gathering, and Patrick Corcoran merely happened to be collateral damage. Corcoran’s mistake was to use an internal computer for private communication with Hardon, or accessing the SUEPO forum from work. Another version of the story I heard in the initial phase of the scandal is that the EPO public WLAN access points are compromised, and Corcoran used an unencrypted connection from his personal laptop.”

We now know a lot more about the nature of that surveillance.

“So in a sense,” our reader continued, “Corcoran “did” something, but probably nothing which could be sanctioned under actual libel laws before a real court, especially if the information was 1) true and 2) transmitted privately or to a limited audience, and/or 3) previously published elsewhere.”

“Željko Topić’s henchmen realised through their snooping that something was happening, and the Croatian bully went ballistic. Thus the particularly nasty cases against Corcoran and Hardon.”
      –Anonymous
This information had been widely circulated long before that. Years in fact. We saw it too.

Our reader said that “Željko Topić’s henchmen realised through their snooping that something was happening, and the Croatian bully went ballistic. Thus the particularly nasty cases against Corcoran and Hardon. Battistelli and Željko Topić did not even stop a minute to ponder the damage they would inflict upon themselves — and the EPO.

“One or two years earlier there was another period when the SUEPO forum went offline for several months, officially because of a software problem.

“The traffic on the server was mostly in French, and you had some idea of who was posting. It was lively, and much read within the office, but, as usual, most of the posting was done by relatively few members.

“I understand that the earlier eclipse had something to do with another scandal you probably haven’t heard of, and for which all evidence was effectively suppressed. It happened about a decade ago.

“The more is known about these scandals, the more likely it is that law will be upheld and the right people held accountable.”“Someone merely ALLUDED on the forum at the events and the culprit, without actually naming him. The party got wind of this and got on his high horses. He threatened legal action before a German court, with full support of the EPO management. [He is still well in place in the Office]. But a defence would have involved divulging internal information — that’s VERBOTEN — and the enquiry results were unavailable anyway, so the best attitude was to retreat. And I can’t imagine the party going to court and saying “I’m the SOB they’re actually referring to on that squalid little forum”… Without any documentary evidence, [which I naturally hope to lay my hands on one day], it’s pointless to even explain the story as I heard it.”

If someone has more information about that, please do get in touch with us. The more is known about these scandals, the more likely it is that law will be upheld and the right people held accountable.

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/2017/12/08/irish-media-on-ilo-case/

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

A Single Comment

  1. john said,

    December 8, 2017 at 5:32 am

    Gravatar

    I think you got the backstory wrong.
    What you don’t know is that everybody at the time new Topic’s scandal. Someone, I don’t know whom, sent translations of the press articles from Croatia to various people in the office. They ended up on the notice boards, to be quickly removed by the administration of course. Several times, during months. However, the person who sent the articles can neither be Patrick C. nor Elisabeth H., because they don’t speak Serbo-Croatian. Online translations were much poorer at the the time than today, it must have been someone who knew the language. The person was never found, so it cannot be a group of people… there is a traitor in every group when one has the amount of money Battistelli has.
    Also: that Patrick C. emailed to his staff representatives is perfectly normal, whom else are you supposed to contact when there is a scandal with one of your vice-presidents? Last but not least, there were 4 staff representatives disciplined and more investigated, not just Elisabeth H.
    To me, it looks just like the opposite of your theory. The aim was primarily to destroy the union by attacking the members in charge and dismiss the most prominent to frighten the others. Elisabeth H. was not dismissed because Patrick C. emailed her, it is the other way round.

What Else is New


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

    Links for the day



  2. 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."



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

    Links for the day



  4. 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



  5. 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



  6. IRC Proceedings: Saturday, June 19, 2021

    IRC logs for Saturday, June 19, 2021



  7. 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)



  8. [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).



  9. IBM Handles More Removals of Signatures From Its Hate Letter Against Richard Stallman

    Less than a day ago IBM processed a request for removal (from its hate letter); as someone put it in a letter to us, also less than a day ago: “When all of this started in 2019, the Red Hat GNU developers showed off their colours. The best way to attack an organisation is from the inside. Using GNU developers was a dead giveaway. Google and Microsoft are very much on the team with IBM. I believe they’ve made headway into the Free/Libre software community and have persuaded senior Debianties to go along with them.” That same message, from an anonymous GNU maintainer, said: “The strategy to target major distributions is clear and present danger. I’m not sure what arguments of persuasion are being used, but I’m pretty sure their main tool is currency. RMS needs a lot of strategic support from experts who will rally to the Free Software cause. He needs great lawyers, some corporate minds, and intelligence specialists.” Sometimes it seems or feels like by simply buying Red Hat (the staff) IBM infiltrated the GNU Project and now it is vainly making claims like 'GNU is IBM' and thus IBM et al can command/tell the FSF who should run FSF, not only GNU. Such entryism isn’t hard to see; “An open letter in support of Richard Matthew Stallman being reinstated by the Free Software Foundation” has meanwhile garnered 6,758 signatures. The opposite letter is only decreasing in support (signatures lost).



  10. Links 20/6/2021: Debian GNU/Linux 10.10 “Buster” Released and LF Revisionism Resumes

    Links for the day



  11. The EPO's Enlarged Board of Appeal Has Already Lost the Case in the Court of Public Opinion

    Personal views on the sordid state of the Enlarged Board of Appeal (EBoA), which by extension bodes poorly for the perception of independence in every Board of Appeal (BoA); the patent tribunals have been captured by patent maximalists who either stack the panels or intimidate judges into ruling in a particular way



  12. Virtual Injustice -- Part 12: Carl Josefsson – Down But Not Out!

    António Campinos still controls Josefsson, who controls all the judges, so in effect all the legal cases (including some about European software patents) are manipulated by the Office the judges are supposed to judge



  13. Links 19/6/2021: Wine 6.11 and Proton 6.3-5 RC

    Links for the day



  14. IRC Proceedings: Friday, June 18, 2021

    IRC logs for Friday, June 18, 2021



  15. Virtual Injustice -- Part 11: Perceptive Comments and Caustic Criticism

    The EPO‘s management managed to silence a lot of the critical media (handouts and threats from Benoît Battistelli and António Campinos), but silencing comments is a lot harder; though we don’t know which ones were moderated out of existence…



  16. Links 18/6/2021: Mir 2.4, ActivityWatch 0.11, Microsoft Breaks Its Own Repos

    Links for the day



  17. [Meme] When the 'Court' Drops

    As the EPO sneakily outsourced courts to American companies and parties in dispute depend on their ISP for “access to justice” there’s a catastrophic impact on the very concept of justice or the right to be heard (sometimes you don’t hear anything and/or cannot be heard)



  18. The EPO's Virtual Injustice and Virtual ('News') Media

    A discussion of this morning's post (part 10 in a series) about the shallow media/blog coverage that followed or accompanied last month's notorious EPO hearing



  19. Links 18/6/2021: LibreOffice 7.2 Beta, Elementary OS 6.0 Beta 2, and Linux Mint 20.2 “Uma” Beta

    Links for the day



  20. The Self-Hosting Song

    Cautionary tales about outsourcing one's systems to companies that could not care less about anyone but themselves



  21. IRC Proceedings: Thursday, June 17, 2021

    IRC logs for Thursday, June 17, 2021



  22. [Meme] Swedish Justice

    The EPO‘s patent tribunals have been mostly symbolic under the Benoît Battistelli and António Campinos regimes; giving them back their autonomy (and removing those who help Battistelli and Campinos attack their autonomy) is the only way to go now



  23. Virtual Injustice -- Part 10: Vapid and Superficial Coverage in the 'IP' Blogosphere

    The media has come under attack by Benoît Battistelli; during the term of António Campinos most of the media critical of the EPO has mostly vanished already; so one needs to look carefully at comments and social control media



  24. Links 18/6/2021: RasPad 3 and Pushing Rust Into the Linux Kernel

    Links for the day



  25. Heli Pihlajamaa Promoting Software Patents to Patent Maximalists

    "Ms Pyjamas" from the EPO is promoting illegal software patents to a bunch of patent zealots (CIPA)



  26. The Lying by Team UPC, Led Again by Kevin Mooney

    Team UPC, or specifically Mr. Mooney, lies to the public about the prospects of the UPC; similarly, EPO and EU officials keep bringing up false claims about the UPC, so while the UPC itself has likely died for good the lies have not



  27. Links 17/6/2021: Cutelyst 3 and Lenovo Move Towards ThinkPad BIOS Configuration From Within Linux

    Links for the day



  28. Too Much Noise and/or Distraction and General Loss of Focus (on the Real and Urgent Issues, Such as the Ongoing Anti-FSF 'Coup')

    The media is full of Microsoft fluff and technical blog posts still focus on the Freenode fiasco, among other things that don't matter all that much; but we certainly need to talk about steps undertaken to undermine the FSF's power because long-term ramifications may be huge



  29. [Meme] The Enlarged Bored People With Presidential Decrees

    The laughable state of the EPO‘s EBA (or EBoA) is rarely commented on anymore, not even in so-called ‘IP’ blogs; maybe they’re just so eager to see patents on everything, even European software patents, so tyrants who destroy the courts (with UPC lobbying and removal of EBA independence) don’t bother them so much anymore



  30. Response to Misinformation From EPO Officials

    Opponents of European software patents are clearly being mischaracterised by EPO officials, who also use meaningless buzzwords to promote such patents; as an aside or footnote that relates to our ongoing series we’re making this quick video, which is days late


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