Bonum Certa Men Certa

EPOLeaks on Misleading the Bundestag -- Part 9: A Veritable Virtuoso of Legal Sophistry

Series index:

  1. The EPO Bundestagate -- Part 1: How the Bundestag Was (and Continues to be) Misled About EPO Affairs
  2. The EPO Bundestagate -- Part 2: Lack of Parliamentary Oversight, Many Questions and Few Answers…
  3. The EPO Bundestagate -- Part 3: A “Minor Interpellation” in the German Bundestag
  4. The EPO Bundestagate -- Part 4: Parroting the GDPR-Compliance Myth
  5. The EPO Bundestagate -- Part 5: The Federal Eagle's Disconcerting Metamorphosis
  6. EPOLeaks on Misleading the Bundestag -- Part 6: Dr Petri Starts the Ball Rolling…
  7. EPOLeaks on Misleading the Bundestag -- Part 7: Ms Voßhoff Alerts the Bundestag…
  8. EPOLeaks on Misleading the Bundestag -- Part 8: The EPO's Tweedledum, Raimund Lutz
  9. You are here ☞ A Veritable Virtuoso of Legal Sophistry


Lutz - Breakfast in Beijing
Breakfast in Beijing: Lutz together with his master Battistelli at an IP junket in the Nuo Hotel (November 2017).



Summary: "Lutz is also reputed to be closely linked to the German branch of the influential UPC lobby group centred around Prof. Winfried Tilmann."

As head of the German delegation on the EPO's Administrative Council, Lutz is reputed to have been a key mover-and-shaker in the secretive backroom political machinations which took place during the controversial and protracted procedure (copy here [PDF]) to find a successor to EPO President Alison Brimelow in 2009/2010.



"During his time as Vice-President of the EPO's Directorate of Legal and International Affairs (DG5), Lutz gained notoriety for being one of Battistelli's most faithful and devoted lapdogs."Lutz is believed to have been instrumental in securing the deal which led to Battistelli's election as EPO President in March 2010.

It is also rumoured that an element of this deal included the understanding that Battistelli would subsequently see to it that Lutz was rewarded with a cushy sinecure as a Vice-President of the EPO.

Such upper management positions at the EPO are greatly coveted by senior German civil servants because they provide a lot of perks, including a generous tax-free salary and a convenient pre-retirement opportunity for the lucky winners to beef up their pension entitlements using the disproportionately generous compensation arrangements for EPO managers.

During his time as Vice-President of the EPO's Directorate of Legal and International Affairs (DG5), Lutz gained notoriety for being one of Battistelli's most faithful and devoted lapdogs.

"...whenever Battistelli had any dubious undertaking in mind, his standard modus operandi at meetings of the Council was to wheel out Lutz who could be counted upon to brush aside any reservations expressed by sceptical or dissenting Council delegates."EPO insiders reckon that his role was even more sinister and corrosive than that of Željko Topić.

Topić basically played the part of a "placeholder" or "stub" Vice-President providing cover for Batistelli's HR dompteuse, Elodie Bergot, who ruled the roost as the de facto "prima donna" of the EPO's personnel department.

Lutz, on the other hand, was entrusted with the far more consequential task of ensuring that the EPO's Administrative Council was supplied with the right kind of legal advice.

Thus, whenever Battistelli had any dubious undertaking in mind, his standard modus operandi at meetings of the Council was to wheel out Lutz who could be counted upon to brush aside any reservations expressed by sceptical or dissenting Council delegates.

By means of a carefully deployed smokescreen of bluff, bluster and legal sophistry, the Council delegates were repeatedly conned into rubber-stamping all sorts of questionable measures and at the same time dissuaded from asking too many awkward questions.

EPO insiders confirm that the catastrophic erosion of legal standards and the rule of law at the EPO during the Battistelli era was largely attributable to the intellectually corruptive influence of Lutz as the provider of phony "legal advice" to a gullible and naïve Administrative Council.

Lutz the Klutz
Lutz is reputed to be the author of the "legal fiction" of EPO compliance with the standards and requirements of European data protection law.



Of particular relevance to the present series is Lutz's reputed role as the author of the "legal fiction" of EPO compliance with the standards of European data protection law.

For example at the 155th meeting of the Administrative Council in March 2018, Lutz made a statement about the impending entry into force of the GDPR in which he assured the Council delegates that "[t]he Office had its own data protection guidelines, at a level comparable to the new regulation" and that national offices could transmit their data to the EPO "without breaching the GDPR".

Lutz also referred the Council to the "public interest" derogation under Article 49(1)(d) GDPR as a legal basis for data transfers to the EPO.

However, such reliance on Article 49 (1) (d) GDPR is at odds with the position of the European Data Protection Board (EDPB).

The relevant guidelines published by the EDPB (copy here [PDF]) state that Article 49(1)(d) GDPR should not be relied upon as a basis for data transfers which take place on a large scale and in a systematic manner. According to the EDPB, the derogations set out in Article 49 should not become “the rule” in practice. On the contrary, all data exporters (in particular public bodies) are encouraged to put in place appropriate safeguards in accordance with Article 46 GDPR rather than relying on the derogation as per Article 49(1) (d).

The EPOnian myth of GDPR-compliance created by Lutz has formed the basis a whole host of self-congratulatory EPO puff pieces such as "Linked data, secure data" (warning: epo.org link; copy here [PDF]), published by Battistelli in his presidential blog on 25 May 2018 - the day on which the GDPR entered into force - and carefully designed to pull the wool over the eyes of the public about the true state of the EPO's data protection framework.

Lutz UPC marketing
Lutz at a UPC promotion event in Munich (November 2017)



Lutz is also reputed to be closely linked to the German branch of the influential UPC lobby group centred around Prof. Winfried Tilmann. In this connection he is said to have been responsible for recruiting Margot Fröhlinger to act as the EPO's "Mrs UPC" in charge of unitary patent "marketing activities" at the EPO.

In the next part we shall see how Battistelli's virtuoso of legal sophistry was almost universally despised and reviled among the rank and file of EPO staff.

Recent Techrights' Posts

Who Asked Software in the Public Interest (SPI) for a Refund? ($100,000, Resulting in Losses of $267,201 in 12 Months, Highest-Ever Losses)
The IRS does not reveal who or what's tied to this refund (or the cause/reason)
"Cloud Computing" Was Always a Joke, But This Week Was the Punchline
Maybe stop following tech trends and fashions
 
They've Already Spent Close to a Million Dollars on Lawyers and Sent Us About 50 KG of Legal Papers (Sponsored by Mysterious Third Party) to Try to Censor Techrights, Without Success
They try to overcompensate with sheer volume for a lack of solid, clear arguments (we are the victims here)
Trouble in Red Hat/IBM and a Retreat to Ponzi Economics in Search of Wall Street Market Heist
Would you invest your life savings in this kind of crap?
12 Months Ago the 'Hulk Hogan of UEFI' Officially Went 'Tag-Team'
We're actually sort of flattered or proud that such despicable people are so desperate to censor us
"Cloud Computing" Does Not Mean Safety
Fault tolerance is related to the notion of software freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 21, 2025
IRC logs for Tuesday, October 21, 2025
The Fall of Windows: From Something to Nothing
Of course Microsoft will pretend everything is fine and "just trust the hey hi" (AI)
Sounds Like Fedora is Ready to Become Less of a Slave of Microsoft (GitHub)
This seems like a belated move in a positive direction
XBox is a Dead Microsoft Product in a Dying Industry
It's probable that another wave of XBox layoffs is just over the horizon (maybe even before month's end)
Progress on Techrights Site Search
Fun times
IBM's Bluewashing of Red Hat Means the Layoffs Are Silent, Barely Reported
Don't wait to hear about "Red Hat layoffs"
Gemini Links 21/10/2025: Happy Disconnection, AWS Falling Apart, Closing of Gemlog Blue
Links for the day
Full Audio of Today's Richard Stallman Talk in the Technical University of Munich
Free/Libre software and freedom in the digital society
Microsoft XBox is Just Vapourware (Promises of Hardware That Doesn't Exist), Real Products Perish
just as developers lose interest in developing for XBox Microsoft is increasing the costs imposed upon them
Slopwatch: Fake Articles (Slop) in "Linux" Clothing in Google News (Noise)
all about what Google does
Links 21/10/2025: Even "Inventor of Vibe Coding" Rejects Vibe Coding, USPTO Experiments With Slop in Examination
Links for the day
Richard Stallman Talk Now Available for Viewing (Archived Copy, Not Live-streamed)
This recording is over 2 hours old
Links 21/10/2025: AWS-Induced Chaos and Social Control Media Curbs
Links for the day
Gemini Links 21/10/2025: Programming, StarGrid, Brand-New Palm OS Strategy Game in 2025, and Chatbot as Addiction Mechanisms
Links for the day
The African Lion and the American Cowards
Safaris exist for people to watch and enjoy animals
Amazon Web Shenanigans Perfectly Timed for Today's Talk by Richard Stallman
Maybe listen to him instead of looking for excuses to ridicule the messenger
Mission:Libre Has Taken Off (Project by Carmen Maris)
there will be a lot more to report on next month (after the event)
Techrights to Publish More EPO Leaks Next Week
We're meanwhile also doing lots of work on search, whose interface now looks better
Links 21/10/2025: 'The Lost Art' of Neon Signs and Twitter (X) to Enable Identity Theft (or Handle Theft) as a Service
Links for the day
Plagiarism With LLM Slop: Hindustan Times (HT Digital Streams Limited) Has Become a Slop Factory/Hub
What a disgrace
A radical proposal to keep your personal data safe, by Richard Stallman
"The surveillance imposed on us today is worse than in the Soviet Union. We need laws to stop this data being collected in the first place"
Next Week We Launch Search at Techrights
We're planning to launch it some time next week. Maybe Tuesday, maybe Thursday.
Talk by Richard Stallman Will be Live-streamed in Less Than 10 Hours
Happy hacking
"No Kings" in the Software World (GAFAM Should Not Exist, Either)
"No Kings" is a good slogan. Let's start by ridding ourselves of masters, not only those who reside in DC or visit DC
Every Morning
Bugs/edge cases combined with automation can spell disaster
Insane, Deliberately Dishonest, or Just Another Bigot?
very intellectually-dishonest human being
A Lot of Techrights is Built on Perl
Perl also runs the sister site
The Register MS Selling Slop for Microsoft (Vapourware, Ponzi Scheme, False Claims)
What will be left of The Register MS if it keeps repeating falsehoods and looking to profit from Ponzi schemes?
analytics.usa.gov Says Less Than 14% of Web Requests (to Government Sites) Come From Vista 11
Vista 11 was released more than 4 years ago!
People Who Attempt to Take Down Correct Information Need a Doctor a Day
“Journalism is printing something that someone does not want printed. Everything else is public relations.” ― George Orwell
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 20, 2025
IRC logs for Monday, October 20, 2025
Vista 11 is Sinking While Microsoft is PIPing (Mass Layoffs But Silent Layoffs)
We're witnessing a shift in platform dominance
Richard Stallman is Having a Good Week Already (Stallman Was Right About 'Clown Computing')
That alone is worth bringing up in his talk
An Update About Soylent News, With Jan Rinok "Back in the Saddle"
Burnout or "near burnout" a possibility when having to curate abuse
When Prominent GNU/Linux Distros Are Run by Spies
What has Microsoft Canonical become?
More Publishers and Companies Nowadays Say "GNU/Linux", Not "Linux"
It's not to see InstallAware saying GNU/Linux this week
Google News is Now Promoting a Parasitic Slopfarm Called "findarticles.com", Where Plagiarism of "Linux" Articles is Rampant
Does Google even care about the slop epidemic? Google itself is a vendor of slop now (and it calls it "Gemini")
Gemini Links 20/10/2025: Pumpkin Carving, "Hey Hi", and Other Buzzwords
Links for the day
Slopwatch: Google News Promoting Fear, Uncertainty, Doubt (FUD)
What is the value of Google News if so many results in it are fake 'articles?
Rejecting 'Snoop-Phones' and Turning "Old" Phones (or Tablets) Into Freedom-Respecting Appliances
Paul Fernhout (pdfernhout.net) wrote back to Akira Urushibatathis this past weekend
Our Uptime This Year Was Better Than AWS (Also a Lot Cheaper)
We never used "the cloud"
Amazon Web Shenanigans
An ongoing, experimental endeavour
Death of Elias Diem: FSFE mailing list archives hidden
Reprinted with permission from Daniel Pocock
Links 20/10/2025: Louvre Museum Reveals Weakness, About 7 Million Protest US Turning Into Oligarchy/Monarchy
Links for the day
They Should Have Listened to Techrights Over a Month Earlier (Xubuntu Site Compromised)
we reported this issue about 40 days earlier and nobody did anything about it
Richard Stallman to Give Another Talk Today in Bavaria (Bavarian Academy of Science)
Tomorrow at 6 PM he speaks in Munich
Apple is the Company of Dictators and Worse
Apple is just another greedy corporation in search of sweatshops and even pedophiles (especially the high-profile ones)
Counting Unhatched Eggs Is Not Counting Chickens
Everything here will persist as normal
Barry Kauler Explains That Puppy Linux and EasyOS Exclude Systemd to Keep Things Simple
Barry Kauler's Puppy Linux is in the community's hands. He now focuses on EasyOS and more.
The "Infinite Bread"
The biblical story of Jesus feeding the 5,000 has software parallels
Half a Year After Brian Fagioli Got Kicked Out of BetaNews for Slop He's Still Doing LLM Slop and Slop Images Targeting 'Linux' (Plagiarising Original Works)
If the Web gets polluted or flooded by slopfarms such as these, and Slashdot then sends traffic so these slopfarms (Slashdot probably doesn't do this intentionally), then real writers with real knowledge of GNU/Linux will lose the spark for publishing
In Many Cases and in Many Different Ways, Technology Became Less Durable and Less Reliable Over Time
The "modern" things are more complex. And complexity is a foe or reliability and repair-ability.
Microsoft's LinkedIn is Losing Money, Traffic, and Hope; Now It Wants to Sell Its Users' Lifeblood (and Data)
Let this be a reminder of what social control media really is about
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 19, 2025
IRC logs for Sunday, October 19, 2025
Campaign of FUD Against Framework Laptops and GNU/Linux (Using Microsoft's Attack on Linux, 'Secure Boot')
Ritual Defamation Cult has turned its attention over to Framework
Microsoft Lunduke: Freedom of Speech Means Spreading What I Have to Say and Banning People I Disagree With
4Chan is one he aims for and he is siccing 4Chan trolls at people he doesn't like
Liberation From 'The Feed'
They rank things based on the editor's choice/ideology (he or she knows the sponsors, hence the masters)
Microsoft's Killing of Vista 10 Seems to Have Resulted in More Articles About GNU/Linux (But Also FUD)
We not only saw a rise in traffic, we also saw a remarkable rise in the number of articles