Bonum Certa Men Certa

Source: EPO's Administrative Council Not Pursuing Battistelli's Witch-hunt Against a Judge Anymore

Killing the messenger?

Killing the messenger
When the system which protects its own power deals with those who report abuses as the cause of all problems and the sole instance of abuse



Summary: The efforts to undermine communication of internal issues inside the EPO are no longer assisted by the Administrative Council, unlike several months ago

THE Administrative Council of the Organisation is finally growing a pair. It is willing to say "No" to Battistelli, so it's not just the Enlarged Board of Appeal saying "No" to the Administrative Council after the Council had said "Yes" to Battistelli. It's an important sign of progress which may also mean that the suspended judge has his job secured (at least until cutoff/nomination stage). After all, allegedly blowing the whistle on abuses by Team Battistelli shouldn't be a crime, should it? Based on what we know about the story (which is quite a lot), the judge is likely a whistleblower. This is why Battistelli and his inner circle felt so afraid, even intimidated. Knowledge or information is a great danger to them.



As pointed out this morning, the latest rumour is that Battistelli might be on his way out and only the details are up for (private) negotiation at this stage or at some later stage (some say in a March meeting). We hear several different stories from different people, but rarely do these stories contradict one another, so while no single story is necessarily 100% accurate, the truth is probably somewhere in the middle. These rumours don't come from a vacuum and it's possible for Battistelli to try hard to change course of action to 'prove' (by intervention) the rumours 'wrong', though not totally unsubstantiated at the time they were spread.

“Presumably, since the President's immunity as recited in A.13, Protocol on Privileges and Immunities, refers to privileges accorded to diplomatic agents, he is not subject to immunity in his home country and so the innocent judge could sue him there for defamation.”
      --Anonymous
According to this new comment: "At the protest held this Wednesday in Munich, it was announced that the Administrative Counsel [sic] had recently withdrawn its second request to the Enlarged Board of Appeal that a patent judge be dismissed. The AC seems to have finally understood that the accusations brought forward by the President and his minions were unsubstantiated, as had been ruled by the EBA in relation the first request, and that it had been manipulated by the President. Not good for him."

Another person later chimed in with: "I'm sceptical about words like "announced" and "withdrawn" but, if there is substance to this, it could be the moment (had to discern) when the tide turns. But as we all know, if the tide has actually turned, what a momentous event that can be."

Some believe that the judge might later wish to pursue defamation claims against Battistelli et al, in particular because of October's attacks through German and Dutch media, including Süddeutsche Zeitung with its baseless personal attack.

"This time around it might be Battistelli and Željko Topić -- not Croatian journalists -- who need to issue a public apology.""Presumably," said this person, "since the President's immunity as recited in A.13, Protocol on Privileges and Immunities, refers to privileges accorded to diplomatic agents, he is not subject to immunity in his home country and so the innocent judge could sue him there for defamation."

Another person clarifies that "the EBA's [Enlarged Board of Appeal] response to the first request. They didn't make a decision either way about the accusations. They just ruled that the request was inadmissible, because there was no proper statement of case setting out the grounds. This says nothing about the guilt or innocence of the accused board member, but it does say something about the competence of those making the request."

One way or another, one day the public may find out the truth. This time around it might be Battistelli and Željko Topić -- not Croatian journalists -- who need to issue a public apology.

Recent Techrights' Posts

Microsoft OSI Uses Its Money to Hire PR Agencies That Spy and Spread Mindless Openwashing of GPL-Violating Microsoft Ploy
`We're under attack. But the attackers smile at us and hire PR firms to spy, mislead etc.
In Nigeria, Africa's (by Far) Largest Population, Microsoft Bing is the 0%
To Microsoft, Africa is just "someplace" to get intensive, hard-working human 'resources' (tech labour) at 2 dollars 'apiece' as in per person per hour
 
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
[Video] Richard Stallman, "I Saw You Playing Your Recorder in Paris" (Due to Proprietary Software Only)
Corporate autocrats do not want counterparts or alternatives to even exist
Five Years After the Extensive Campaign of Defamation Against Richard Stallman He's Still Giving Public Talks
"Richard Stallman will give a talk, in French, Free Software and Freedom in a Digital Society at Centrale Supelec in Saclay, on May 15."
Microsoft Is Rebranding Its 'Chatbot' Search for the Third Time Because It Fails to Gain Adoption
it always means that something has failed - not that they'll openly admit it
Richard Stallman Gives a Talk in Paris Next Week (in French) and It's About Freedom
another talk, which he has only just announced
Pace Up, Distractions Down
We've made our curation process faster and more efficient
In Algeria, GNU/Linux Estimated to Have Grown Tenfold in a Decade
a sharp rise in GNU/Linux usage
[Meme] Red Hat Diversity
Red Hat: don't mention Haghighi
Our Sister Site Turns 20 in Exactly One Month
twentieth anniversary of the site
Corporate Media Focuses on Who's Suing Red Hat, Not What It's Sued For
The unfortunate thing is, anybody who has an opinion on this lawsuit will inevitably be framed as "pro-Trump" or "anti-Trump"
Links 10/05/2024: Many More Microsoft Layoffs on the Way
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 09, 2024
IRC logs for Thursday, May 09, 2024
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
Links 09/05/2024: Journalists in Detention, China Banning Songs or Anthems
Links for the day
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter