09.01.21

Gemini version available ♊︎

Response to Daniel X. Thomas, Former Director at the European Patent Office (EPO)

Posted in Europe, Patents at 8:47 pm by Dr. Roy Schestowitz

The original was posted in a Microsoft site that spies on millions (not that the EPO can ever understand that), hence it is reproduced here without sending traffic to Microsoft, along with our response in-line (fair use doctrine)

G 1/21 – The RPEBA2015 - How to deal with the president’s comments and the amicus curiaeSummary: Techrights takes a moment to respond to Daniel X. Thomas, who worries that his criticism of the way António Campinos handled G 1/21 can get him in trouble

THE Benoît Battistelli regime totally obliterated the independence of the Boards of Appeal at the EPO, including that of the highest boards (TBA, EBA/EBoA etc. not exempted from the bollocking and stacking). While it is true that over a decade ago our main critique of the EPO was its practice of granting European software patents “as such”, we’ve since then covered so many other aspects. Until the EPO’s management started bribing and blackmailing the media (even blogs like IP Kat) there was an opportunity to see lots of abuses; but then, the EPO’s PR budget and legal budget (for lawyers who intimidate bloggers/blogs like IP Kat, Techrights and maybe even Daniel X. Thomas) squashed a lot of that coverage, except here. So now the EPO’s head honcho du jour can focus on just ad hominem attacks on one person (yours truly).

“They constantly defame journalists and staff representatives (sometimes even judges!) and then they accuse them of “defamation”…”It’s worth taking a moment to respond to a public post from Daniel X. Thomas, “Former Director at European Patent Office” (in his own words; this is how he identifies himself, first and foremost). A lot of the ad hominem attacks happen in private, behind my back, and are then used to justify (secret decisions by EPO management) to go as far as blocking IP Kat and blocking all Internet (Web and beyond) access to Techrights — basically an utterly desperate effort to prevent people finding out about crimes of EPO management (they don’t refute articles/accusations, they just attack the messengers; yes, just like in China…) and then they have the audacity to accuse others of what they’re guilty of (projection/hypocrisy). They constantly defame journalists and staff representatives (sometimes even judges!) and then they accuse them of “defamation”…

Chilling.

By the way, now that we use Gemini (gemini:// protocol) people can access all Techrights articles from work, using any of the many Web proxies (there are dozens). Unless the EPO blocks all Gemini Web proxies (i.e. EPO blocks access to literally thousands of different sites!), these dictators cannot block Techrights, except by direct access. They play a game of whack-a-mole. Over gemini:// protocol we serve over 20,000 pages a day.

Before we proceed to the response, which is well overdue, it would be worth pointing out how amusing it is to see EPO managers (even directors!) past and present referring to software patents as “HEY HI” (AI) or “4IR” (along with other buzzwords/nonsense). Well, they clearly never coded or hacked on code, they just push software patents to fill their dirty pockets… and maybe not too shockingly those managers (even directors!) use Microsoft’s proprietary software as their ‘blogging’ platform. Yes, Microsoft — a top proponent of software patents, including the motor behind many of the European front/lobby/pressure groups that influence the EPO on these matters. We wrote about that countless times in the past. We named the culprits and proxies.

To be clear, Daniel X. Thomas seems like a nice person, but he is deeply misguided. The fact that he so openly supports software patents does not surprise me. In fact, what’s the likelihood of an opponent of software patents rising to a director/top-level position at the EPO? I’m not sure why he decided to write this post, but he’s probably just worrying about his pension (he did not retire so long ago) because right now his own words are used against his colleagues, who can retaliate against him. They already attack other EPO pensioners as well. There’s that old saying, “[i]t is difficult to get a man to understand something, when his salary depends on his not understanding it.” (Upton Sinclair)

Since he comes from EPO management and he has made tons of money at the management tier there (without having to pay tax) maybe he prefers to think everything is rosy. Also, harm to the EPO’s management puts his own pension at risk.

Thomas:

I have got the “honour” of being quoted in Techrights.

http://techrights.org/2021/06/18/superficial-epo-coverage/

I have again had the “honour” of being quoted in Techrights.

http://techrights.org/2021/06/20/the-epo-games/

Mr Schestowitz takes every opportunity to attack the EPO, and his methods are abject to say the least.

What do you mean by “methods”?

What do you mean by “attack”?

Let’s roll back and clarify the intent of this false narrative.

My profession is under a constant attack from patents, granted by patent offices that ignore caselaw in order to cheat the system, usually for financial gain (and as a favour to “large clients”, i.e. multinational monopolies).

Who is attacking whom?

And what does the word “methods” mean in this context? Reporting the facts? Yeah, some methods…

As we shall see in a moment, he relies on the utterly false premise that my sole criticism of the EPO is for software patents; initially it was the sole issue I was aware of, but about 3,500 articles later I’ve written about so many other issues. It seems like he’s lying and oversimplifying the matter, wrongly implying that the sole problem I have with the EPO is patent scope; as if all is well at EPOnia and, as we shall see in a moment, he insists that it’s OK to grant software patents. He ignores so many other things, such as the constant lying about the UPC after Brexit. We’ll write more about that some time later in the week…

12 hours after we had published this communication a lot of useful comments (3 so far) started showing up here (response to face-saving spin). They cannot keep up with the lies. They try…

Thomas:

It is an “honour” I can do without as I do not agree to see my freedom of opinion repeatedly misused for a campaign against the EPO which I cannot support.

No, Sir. Your freedom to express yourself is protected by the law, but that does not extend to “freedom to have an audience” or “freedom not to be criticised”. You might want to look up the very basics of free speech — something that EPO management never managed to grasp. Heck, it has been blocking this Web site (without explanation/justification) for about 7 years already. It also blocked some other sites and it’s constantly gagging its union, its staff representatives, judge, etc. Yes, even this year

Thomas:

Lots of things might not be optimal at the EPO, but constant slanting it is not a way to help resolving the difficulties the EPO is going through.

“Lots of things might not be optimal” is an understatement — probably one of the (full) decade if not (half) century in the context of the EPO. Why belittle this crisis? Even the EPO itself called it a crisis some years ago (behind closed doors, but somebody leaked it to us).

Thomas:

I have said certain things about the way the first OP in G 1/21 went along, as my concern is the respect of existing legal rules.

It is important to show that even EPO insiders of a very high level (albeit with lower risks of reprisal) admit these issues.

That’s the whole point.

Thomas:

I am convinced that without respect of legal rules we go back to the jungle and the right of the strongest prevails. This is not what I wish for myself, my children and grandchildren.

He keeps bringing up his children (more on that in a moment), which is a bit strange (as if to make it seem like I’m attacking children or something).

Thomas:

What I have said has actually nothing to do with my former quality as EPO staff.

It is not something that just vanishes overnight. The former status is relevant. It’s also what pays the pension (still).

Thomas:

It was the view of somebody interested in the topic as it concerns an institution is am still loyal to. Any objective observer could come to similar conclusions.

Good people concede their loyalty when they become witnesses to bad things.

Thomas:

In view of the constant misuse of my honest opinion, I will now refrain from any statement relating to G 1/21.

How was it misused? It was not. It was quoted (and not out of context). What he wants is selective audiences/mentions.

Thomas:

I do not want to help this person to constantly attack the EPO.

I do not attack the EPO; the reason so many EPO workers read Techrights is that we’re trying to actually save the EPO from those who attack it from the inside.

Thomas:

It should also be kept in mind that beyond the personal attacks against some members of staff, the pet peeve of this person is the possibility of patenting programmes CII or even AI.

“CII” and “AI” is meaningless nonsense. The fact that he’s repeating such meaningless nonsense reaffirms my belief that too many incompetent people make it into top roles at the EPO.

Thomas:

I said it many times, and repeat it once more, contrary to what Mr Schestowitz thinks, CII or even AI are not forbidden by the EPC.

The EPC says nothing about “CII” and “AI”, so quit using buzzwords, which you likely don’t even understand (nobody is meant to understand such lingo).

Thomas:

The simple considerations as to why CII are well patentable under the EPC is apparently too complicated for Mr Schestowitz to enter in his brain. The doctrinal blindness and hatred of this person against the EPO is indeed flabbergasting.

The typical accusation of “hatred” is an old tactic, suggestive of emotion and irrational feelings. We use simple logic and we observe facts, not financial interest (which is all that matters to EPO management — that’s why it breaks the law).

Thomas:

Last but not least, attacking persons for their supposed likeness with other ones or for their hair colour is absolutely abject.

This is false. I am guessing he alludes to the Willy Wonka thing. It’s alluding to “FUDGE” (as in legal fudge), nothing to do with hair colours…

Thomas:

My son and my two grandchildren have red hair, and attacking a person for its hair colour is also attacking my family.

So now he’s trying to make it seem like I personally attacked him and his children. I attacked neither.

Now we’ve entered “crybully” territories.

Thomas:

In view of this turn of events provoked by Mr Schestowitz I have to conclude that this person has managed to silence me due to my status of former staff of the EPO.

Someone from Red Hat once tried the same tactics, basically saying in public that I had “silenced” by merely quoting someone. They try to incite colleagues that way, shifting blame for their own choices/actions.

Did I silence him?

No, someone choosing to not talk anymore is silencing oneself. You know who silences people and sites? The EPO’s management. To the point of blocking them and siccing lawyers at them. They did it to me countless times and I’m not alone.

Thomas:

This does not withhold myself to have my idea about the topic and the procedure used to come to a decision. Some of the amicus curiae are quite eloquent in this respect.

We’ve cited them a lot more than anything from Mr. Thomas. We didn’t even say anything negative about him; quite the contrary!

Moreover, we already know (and proved) that the EPO hid some amicus curiae from the public. It only selectively showed what people had to say. That’s known as censorship.

From the comment, Thomas:

I had to react. No opportunity to bash the EPO is missed by this person. And I do not want to contribute to this!

You did not contribute. You expressed an opinion in public. Now you want to control who can read it?

Thomas:

The more so since it appears that the only drive for this person is to bash the EPO because it grants patents on CII.

Again, totally false! Straw man argument.

Thomas:

I rarely came across such stubbornness and stupidity.

Now we see insults too. I never insulted him. But here he is using swear words.

Thomas:

I feel a deep loyalty to the organisation and I will not support such a behaviour against it.

It seems sad to me that he has “deep loyalty” to Battistelli’s den of corruption.

Update: As it turns out, Mr. Thomas still works for Battistelli.

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Microsoft “Defender” Pretender Attacks Random Software That Uses NSIS for installation; “Super Duper Secure Mode” for Edge is a Laugh

    Guest post by Ryan, reprinted with permission



  2. Links 6/12/2021: LibreOffice Maintenance Releases, Firefox 95 Finalised

    Links for the day



  3. “Wintel” “Secure” uEFI Firmware Used to Store Persistent Malware, and Security Theater Boot is Worthless

    Guest post by Ryan, reprinted with permission



  4. No Linux Foundation IRS Disclosures Since 2018

    The publicly-available records or IRS information about the Linux Foundation is suspiciously behind; compared to other organisations with a "tax-exempt" status the Linux Foundation is one year behind already



  5. Jim Zemlin Has Deleted All of His Tweets

    The Linux Foundation‘s Jim Zemlin seems to have become rather publicity-shy (screenshots above are self-explanatory; latest snapshot), but years ago he could not contain his excitement about Microsoft, which he said was "loved" by what it was attacking. Days ago it became apparent that Microsoft’s patent troll is still attacking Linux with patents and Zemlin’s decision to appoint Microsoft as the At-Large Director (in effect bossing Linus Torvalds) at the ‘Linux’ Foundation’s Board of Directors is already backfiring. She not only gets her whole salary from Microsoft but also allegedly protects sexual predators who assault women… by hiring them despite repeated warnings; if the leadership of the ‘Linux’ Foundation protects sexual predators who strangle women (even paying them a salary and giving them management positions), how can the ‘Linux’ Foundation ever claim to represent inclusion and diversity?



  6. Microsoft GitHub Exposé — Part IX — Microsoft's Chief Architect of GitHub Copilot Sought to be Arrested One Day After Techrights Article About Him

    Balabhadra (Alex) Graveley has warrant for his arrest, albeit only after a lot of harm and damage had already been done (to multiple people) and Microsoft started paying him



  7. The Committee on Patent Law (PLC) Informed About Overlooked Issues “Which Might Have a Bearing on the Validity of EPO Patents.”

    In a publication circulated or prepared last week the Central Staff Committee (CSC) of the EPO explains a situation never explored in so-called 'media' (the very little that's left of it)



  8. Links 6/12/2021: HowTos and Patents

    Links for the day



  9. IRC Proceedings: Sunday, December 05, 2021

    IRC logs for Sunday, December 05, 2021



  10. Gemini Space/Protocol: Taking IRC Logs to the Next Level

    Tonight we begin the migration to GemText for our daily IRC logs, having already made them available over gemini://



  11. Links 6/12/2021: Gnuastro 0.16 and Linux 5.16 RC4

    Links for the day



  12. Links 5/12/2021: Touchpad Gestures in XWayland

    Links for the day



  13. Society Needs to Take Back Computing, Data, and Networks

    Why GemText needs to become 'the new HTML' (but remain very simple) in order for cyberspace to be taken away from state-connected and military-funded corporations that spy on people and abuse society at large



  14. [Meme] Meanwhile in Austria...

    With lobbyists-led leadership one might be led to believe that a treaty strictly requiring ratification by the UK is somehow feasible (even if technically and legally it's moot already)



  15. The EPO's Web Site is a Parade of Endless Lies and Celebration of Gross Violations of the Law

    The EPO's noise site (formerly it had a "news" section, but it has not been honest for about a decade) is a torrent of lies, cover-up, and promotion of crimes; maybe the lies are obvious for everybody to see (at least EPO insiders), but nevertheless a rebuttal seems necessary



  16. The Letter EPO Management Does Not Want Applicants to See (or Respond to)

    A letter from the Munich Staff Committee at the EPO highlights the worrying extent of neglect of patent quality under Benoît Battistelli and António Campinos; the management of the EPO did not even bother replying to that letter (instead it was busy outsourcing the EPO to Microsoft)



  17. IRC Proceedings: Saturday, December 04, 2021

    IRC logs for Saturday, December 04, 2021



  18. EPO-Bribed IAM 'Media' Has Praised Quality, Which Even EPO Staff (Examiners) Does Not Praise

    It's easy to see something is terribly wrong when the people who do the actual work do not agree with the media's praise of their work (a praise motivated by a nefarious, alternate agenda)



  19. Tux Machines is 17.5 Years Old Today

    Tux Machines -- our 'sister site' for GNU/Linux news -- started in 2004. We're soon entering 2022.



  20. Approaching 100

    We'll soon have 100 files in Git; if that matters at all...



  21. Improving Gemini by Posting IRC Logs (and Scrollback) as GemText

    Our adoption of Gemini and of GemText increases; with nearly 100,000 page requests in the first 3 days of Decembe (over gemini://) it’s clear that the growing potential of the protocol is realised, hence the rapid growth too; Gemini is great for self-hosting, which is in turn essential when publishing suppressed and controversial information (subject to censorship through blackmail and other ‘creative’ means)



  22. Links 4/12/2021: IPFire 2.27 Core Update 162 and Genode OS Framework 21.11

    Links for the day



  23. Links 4/12/2021: Gedit Plans and More

    Links for the day



  24. Links 4/12/2021: Turnip Becomes Vulkan 1.1 Conformant

    Links for the day



  25. IRC Proceedings: Friday, December 03, 2021

    IRC logs for Friday, December 03, 2021



  26. Links 4/12/2021: EndeavourOS Atlantis, Krita 5.0.0 Beta 5, Istio 1.11.5, and Wine 6.23; International Day Against DRM (IDAD) on December 10th

    Links for the day



  27. Another Gemini Milestone: 1,500 Active Capsules

    This page from Balázs Botond plots a graph, based on these statistics that now (as of minutes ago) say: “We successfully connected recently to 1500 of them.” Less than a fortnight ago more than 1,800 capsules overall were registered by Lupa, almost quadrupling in a single year



  28. [Meme] António Campinos and Socialist Posturing

    Staff of the EPO isn’t as gullible as António Campinos needs it to be



  29. António Campinos as EPO President is Considered Worse Than Benoît Battistelli (in Some Regards) After 3.5 Years in Europe's Second-Largest Institution

    The EPO's demise at the hands of people who don't understand patents and don't care what the EPO exists for is a real crisis which European media is unwilling to even speak about; today we share some internal publications and comment on them



  30. Media Coverage for Sale

    Today we're highlighting a couple of new examples (there are many other examples which can be found any day of the year) demonstrating that the World Wide Web is like a corporate spamfarm in "news" clothing


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