Bonum Certa Men Certa

The EPO's War on Justice and Assault on the Law -- Part 15: The EBA Letter of 8 December 2014

Previously in this series:



EPO IU Surveillance
Internal documents show that the EPO's Investigative Unit was active in monitoring "TechRights" and its IRC Channels in the hope of identifying "leakers".



Summary: The illegal surveillance by Europe's second-largest institution was a culmination of dictatorial despotism by the institution entrusted to grant patents correctly while respecting the independence of judges

It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of incredulity, it was the season of Light, it was the season of Darkness, it was the spring of hope, it was the winter of despair…



"In the middle of an ongoing social conflict that had been festering since at least 2012, the suspension of a Board of Appeal member by the EPO President, under the guise of a "house ban", generated enormous disquiet, not only among bloggers, attorneys and EPO staff union officials, but also within the Enlarged Board of Appeal itself."Readers may recall that back in December 2014 the EPO was in a dreadful state of turmoil.

In the middle of an ongoing social conflict that had been festering since at least 2012, the suspension of a Board of Appeal member by the EPO President, under the guise of a "house ban", generated enormous disquiet, not only among bloggers, attorneys and EPO staff union officials, but also within the Enlarged Board of Appeal itself.

As a matter of fact, the members of the Enlarged Board were so incensed by Benoît Battistelli's actions that they sent a letter of complaint to the governing body of the EPO, the Administrative Council.

"Never before had an internal dispute of this kind spilled out into the public domain with such vehemence."As IPKat correctly noted, this was an extraordinary event which was unprecedented in the 40 year history of the EPO. Never before had an internal dispute of this kind spilled out into the public domain with such vehemence.

The letter of 8 December 2014 from the Enlarged Board protested that Battistelli's "house ban" amounted to a suspension which was not lawfully imposed.

According to the Enlarged Board, neither the President nor his Investigative Unit had the required authority to suspend a Board member. It was also noted that the computer belonging to the Board member was confiscated, thereby potentially giving office staff unauthorised access to confidential information about ongoing appeal cases.

"It was also noted that the computer belonging to the Board member was confiscated, thereby potentially giving office staff unauthorised access to confidential information about ongoing appeal cases."The Enlarged Board summarised its concerns in the following terms:

"The actions of the investigation unit on the orders of the President also appear to be a clear challenge to the judicial independence of the Boards of Appeal."

The Administrative Council was urged to take action to bring Mr Battistelli into line:

"What is needed is a clear limitation on the executive power, as far as the Boards of Appeal are concerned, in situations like the present, so as to avoid any impression of undue influence on their judicial work, contrary to the independence requirements of Article 6 of the European Convention on human rights."

Shortly afterwards, the Enlarged Board's letter of protest was endorsed by no less than eight external members from the national judiciaries of the EPO's contracting states.



The dramatic and unprecedented events of December 2014 were widely covered on various IP news channels.

"The dramatic and unprecedented events of December 2014 were widely covered on various IP news channels."In the midst of this turmoil, some members of the Enlarged Board leaked copies of the letter of 8 December 2014 to IP Kat and Techrights in an attempt to gain publicity for their protest and draw attention to Battistelli's outrageous and unprecedented encroachment on judicial independence at the EPO.

Shortly afterwards - presumably under pressure from "Team Battistelli" - IPKat removed the link on its website to the copy of the letter which it had received

However, the original document can still be viewed online on Techrights.

The leaking of this document was not without risk for the Enlarged Board members involved.

It was subsequently revealed in June 2015 that, at the time in question, the EPO's Investigative Unit had been unlawfully using covert surveillance measures against perceived "internal enemies" of the Battistelli régime.

In fact, it is known that Battistelli's IU invested a significant amount of effort into monitoring "TechRights" and its IRC channels in the hope of gathering information that would assist in identifying the so-called "leakers".

Internal documents indicate that EPO management was in a state of "blue funk" when it realised that "[P]eople appear to be flocking to Schestowitz' cause".

According to the EPO's internal "Stasi": "People that were clearly not in contact with him [i.e. Schestowitz] before appear to be mailing him now."

"As far as the letter itself is concerned, it can be seen that there are 35 signatures appended at the end."As it turns out, none of the Enlarged Board members involved in leaking the letter of 8 December 2014 were ever apprehended by Battistelli and his goons.

As far as the letter itself is concerned, it can be seen that there are 35 signatures appended at the end.

At first glance it might appear that the letter was unanimously approved and signed by all members of the Enlarged Board.

However, the fact of the matter is that two members did not sign the letter.

In the next part we shall consider the potential implications of these "missing signatures" for case no. G 1 /21.

Recent Techrights' Posts

Microsoft GitHub: A Hair Salon Where You Get Awards for Nothing (NFT Vanity)
People aren't defined by some private (proprietary) database and Microsoft does not universally "score" developers
On Character Assassination Tactics
The people who leverage these dirty politics typically champion projection tactics
United States Entering the $100 Trillion Debt Trap, We Compare GAFAM Debt
Google's debt is about 6 times less than Amazon's
Software Freedom Conservancy (SFC), Inc. vs. Vizio, Inc. Is Costing the Free Software Foundation Money
FSF subpoena and deposition
 
Southern Asia is All Android (Majority) Now
It's looking better (almost) every month
Windows Already Down to 1% "Market Share" in Some Countries
it is a dying breed
Tesla Has Become a Ponzi Scheme or a 'Meme Stock'
They tell us Tesla is "worth" almost twice as much as a company that sold about 30 times more cars
For People at Red Hat "Job is at Risk"
Red Hat is consulting some notorious firms to implement cuts
Linux.com Became Mostly Dead, de Facto Marketing Site of "Linux" Foundation Products (Unrelated to Linux)
what has happened to the authoritative domain Linux.com
In Europe, Android is Bigger Than Windows (Android Now Measured at 45.1% Worldwide)
Right now in statCounter...
Links 06/05/2024: Al Jazeera Raided, Wildfire Season Coming
Links for the day
Links 06/05/2024: Scams and Politics
Links for the day
Gemini Links 06/05/2024: Reading and Computers
Links for the day
GitLab's Losses Grew From $172,311,000 to $424,174,000 Per Annum
Letting this company have control over your (or your company's) development/code forge may cost you a lot in the future
statCounter's Latest: Android Bouncing to New All-Time Highs, Windows Down to Unprecedented Lows
Android rising
Can't Bear the Thought We're Happy and Productive
If someone is now harassing online friends, attacking the wife, attacking my family (not just attacking and defaming people I know online) there are legal ramifications
IRC Proceedings: Sunday, May 05, 2024
IRC logs for Sunday, May 05, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Erinn Clark & Debian: Justice or another Open Source vendetta?
Reprinted with permission from disguised.work
Death of Michael Anthony Bordlee, New Orleans, Louisiana
Reprinted with permission from disguised.work
The Revolution Continues
Today we've published over 20 pages and tomorrow we expect more or less the same
Death of Dr Alex Blewitt, UK
Reprinted with permission from disguised.work
Following the Herd (or HURD)
Society advances owing to people who think differently and promote positive change, not corporate shills
They Try to Replace the Creators of GNU/Linux and Hijack Their Word, Work, and Reputation
gnu.org is down at the moment; now I'm told it's back but very slow. DDoS?
Thiemo Seufer & Debian deaths: examining accidents and suicides
Reprinted with permission from disguised.work
Links 05/05/2024: Political Cyberattacks From Russia and Google Getting a Lot Worse
Links for the day
Gemini Links 05/05/2024: Infobesity and Profectus Beta 1.0
Links for the day
Running This Site Mostly a Joyful Activity
The real problem or the thing that we need to cancel is this "Cancel Culture"
Australia Has Finally Joined the "4% Club" (ChromeOS+GNU/Linux)
statCounter stats
Debian as a Hazardous Workplace Where No Accountability Exists (Nor Salaries)
systematic exploitation of skilled developers by free 'riders' (or freeloaders) like Google, IBM, and Microsoft
Clownflare Isn't Free and Its CEO Openly Boasted They'd Start Charging Everyone to Offset the Considerable Losses (It's a Trap, It's Just Bait)
Clownflare has collapsed
Apple Delivered Very Disappointing Results, Said It Would Buy Its Own Shares (Nobody Will Check This), Company's Debt Now Exceeds Its Monetary Assets
US debt is now 99.98 trillion dollars
FSFE Still Boasts About Working Underage People for No Pay
without even paying them
IRC Proceedings: Saturday, May 04, 2024
IRC logs for Saturday, May 04, 2024
Over at Tux Machines...
GNU/Linux news for the past day
The Persecution of Richard Stallman
WebM version of a new video
Molly de Blanc has been terminated, Magdalen Berns' knockout punch and the Wizard of Oz
Reprinted with permission from disguised.work
[Meme] IBM's Idea of Sharing (to IBM)
the so-called founder of IBM worshiped and saluted Adolf Hitler himself
Neil McGovern & Debian: GNOME and Mollygate
Reprinted with permission from disguised.work
[Meme] People Who Don't Write Code Demanding the Removal of Those Who Do
She has blue hair and she sleeps with the Debian Project Leader
Jaminy Prabaharan & Debian: the GSoC admin who failed GSoC
Reprinted with permission from disguised.work
Jonathan Carter, Matthew Miller & Debian, Fedora: Community, Cult, Fraud
Reprinted with permission from disguised.work
Techrights This May
We strive to keep it lean and fast
Links 04/05/2024: Attacks on Workers and the Press
Links for the day
Gemini Links 04/05/2024: Abstractions in Development Considered Harmful
Links for the day
Links 04/05/2024: Tesla a "Tech-Bubble", YouTube Ads When Pausing
Links for the day
Free Software Community/Volunteers Aren't Circus Animals of GAFAM, IBM, Canonical and So On...
Playing with people's lives for capital gain or "entertainment" isn't acceptable
[Meme] The Cancer Culture
Mission accomplished?
Germany Transitioning to GNU/Linux
Why aren't more German federal states following the footsteps of Schleswig-Holstein?
IRC Proceedings: Friday, May 03, 2024
IRC logs for Friday, May 03, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Alexander Wirt, Bucha executions & Debian political prisoners
Reprinted with permission from disguised.work
Links 03/05/2024: Clownflare Collapses and China Deploys Homegrown Aircraft Carrier
Links for the day
IBM's Decision to Acquire HashiCorp is Bad News for Red Hat
IBM acquired functionality that it had already acquired before
Apparently Mass Layoffs at Microsoft Again (Late Friday), Meaning Mass Layoffs Every Month This Year Including May
not familiar with the source site though