Bonum Certa Men Certa

Lawyers' Response to Incredible Accusations From EPO Management and Its Praetorian Guard

Historically familiar situations...

Lyndon Johnson and Richard Nixon
Edited public domain photograph



Summary: The sordid mess inside the EPO -- or the management's attempts to use smears and witch-hunts to sedate whistleblowers (leading to an ever-exacerbating cycle of crises) -- is now being properly tackled by a staff representative's legal representative

THE previous post gave just a taste of how the EPO's abusive management, along with its praetorian guard, is trying to frame the whole crisis. Naïve or impressionable outsiders are supposed (if the expensive media strategy succeeds) to think that what we have here are poor, victimised men in suits (management) against armed Nazis and snipers, or something ludicrous along these lines. Those highly-paid managers are, in our view, dealing with something that's akin to whistleblowers, not staff representatives (whistleblowers' lawyers should not be needed here because it's not clear who, if anyone among staff representatives, actually blows a whistle). The 'dirty laundry' is coming out and the management is trying to punish the perceived bringer of the laundry rather than actually clean this laundry. How foolish do they think staff will be? Are there actually enough people smart enough to be recruited by the EPO who are also, at the same time, this gullible? It's not as though EPO management sticks to facts. Not even the almighty President sticks to facts.



As far as we're aware, we never ever spoke to a staff representative at the EPO. Ever. Unless someone was using a fake identity. But this is of course detrimental to the dossier served by or to the management (Team Battistelli and its praetorian guard), failing to actually provide any evidence of staff representatives sending anything to the media. The thugs' incredulous smiles wouldn't satisfy an honest judge.

Anyway, a short response was provided by the accused and there is also a more detailed response from the lawyers (who Team Battistelli probably hopes will help drain all the savings of the accused). It's a 4-page response:

Letter from lawyers - page 1



Letter from lawyers - page 2



Letter from lawyers - page 3



Letter from lawyers - page 4



We haven't highlighted anything in the above because we don't want to tamper with the text.

Meanwhile, over at SUEPO, it has just been stated that there is an issue with the discussion about "Workload and effectiveness of the ILO Tribunal". As SUEPO puts it:

In a recent document, the ILO Legal Advisor and the ILO Administrative Tribunal blame the number of complaints coming from the EPO for the Tribunal’s current workload and effectiveness problems. CA/21/15,  a report by the external auditors of the EPO, confirms problems in the internal justice system of the EPO (see in particular points 13-15 and 59-61). In response the Governing Body of the ILO requested its Director-General “to initiate without delay discussions with the European Patent Organisation … in order to identify a solution to the difficulties …” (point 33 of the above mentioned document). Staff representatives are only to be “consulted”, and that only afterwards.



ILO defines its mission and objectives as “to promote rights at work, encourage decent employment opportunities, enhance social protection and strengthen dialogue on work-related issues” (emphasis added).



SUEPO was therefore shocked and dismayed to see that the governing body of ILO (International Labour Organisation) proposed discussions with representatives of the President without involving representatives of the staff. On behalf of SUEPO and the other staff associations that rely on the Tribunal for justice, SUEPO’s lawyer, Ed Flaherty, has requested to involve staff representatives from the outset. Click here to access the letter of Mr Flaherty.



We covered this on a couple of occasions before [1, 2].

Here is the letter from Mr Flaherty as images (people don't tend to bother with PDF files on the Web).

ILO letter- page 1



ILO letter- page 2



There is a lot more coming. If we have been writing a lot (and more frequently) as of late, it's because a lot is happening a lot needs to be shown. The EPO's attempts to gag Techrights (with censorship and threats) truly backfired; these only led more people to choosing Techrights as their reporter. It also led to a lot more sources coming to us (so a lot of the breaking news and exclusive coverage now happen in Techrights).

Recent Techrights' Posts

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
 
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day