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*rianne_ (~rianne@qhduu73fcjmdn.irc) has joined #boycottnovellOct 01 00:36
schestowitz 01 00:37
-TechrightsBN/ | scops: " SoftMaker Office…" - MastodonOct 01 00:37
schestowitz"SoftMaker Office is missing!"Oct 01 00:37
schestowitz 01 00:37
-TechrightsBN/ | leszek: " also e-mail prov…" - MastodonOct 01 00:37
schestowitz"also e-mail provider block it relatively quickly if you sent too many mails after one another"Oct 01 00:37
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schestowitz 01 00:37
-TechrightsBN/ | scops: " i hope the next …" - MastodonOct 01 00:37
schestowitz" i hope the next release(s) focuses more on (optional) touch screen input. still stock gnome 40 on debian is much more useable than Odin on a tablet device..."Oct 01 00:37
schestowitz 01 00:40
-TechrightsBN/ | [Meme] ‘Linux’ Foundation is Greenwashing Microsoft Again, Misusing the Linux Brand Like Nobody’s Business | TechrightsOct 01 00:41
schestowitz 01 01:32
schestowitz"Oct 01 01:32
-TechrightsBN/ | How to Use the Sleep and Wait Commands on LinuxOct 01 01:32
schestowitzThe Linux sleep and wait commands "allow you to run commands at a chosen pace or capture and display the exit status of a task after waiting for it to finish," explains Sandra Henry-Stocker. Oct 01 01:32
schestowitzIn this article, you’ll learn the difference between these commands and when and how to use them through simple examples.Oct 01 01:32
schestowitz"Oct 01 01:32
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schestowitz-TRpersonal view: getting ill twice in a few months, when they already tell you it'll happen a third time and don't show very convincing results (efficacy a lot lower than advertised) if no way to convince the spouse/partner to follow suit just yetOct 01 09:06
schestowitz-TR*isOct 01 09:06
schestowitz-TRI monitor the results here (also elsewhere) on a daily basis and speak to family a lot about this...rianne and I noticed that many people here are BACK to masks and distancing, which I think can help explain some improvementsOct 01 09:11
schestowitz-TRsocial control media showing its true fact this year, cracking down on "foreign agents" (media) not for politics or elections but "safety"Oct 01 09:12
schestowitz-TR*faceOct 01 09:12
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schestowitzx 01 11:20
schestowitz# why no advancements are made in making development processes produce moreOct 01 11:20
-TechrightsBN/ | Democratizing cybersecurity, IT News, ET CIOOct 01 11:20
schestowitz# secure resultsOct 01 11:20
schestowitz 01 11:21
-TechrightsBN/ Deb Nicholson is leaving same year as Bully de Blanc, but damage was done: Oct 01 11:21
schestowitz# will the replacements be worse?Oct 01 11:21
-TechrightsBN/#boycottnovell--> | Open Source is a Relay Race: Reflections from our Outgoing Interim General Manager | Open Source InitiativeOct 01 11:21
schestowitzThe ones they're hired to lead is a lot less bad than I imaginedOct 01 11:21
-TechrightsBN/#boycottnovell--> | GNOME Foundation and OSI Move on to ‘Extend’ Phase Against the Free Software Definition (or Against Software Freedom) | TechrightsOct 01 11:21
Techrights-secGood.Oct 01 11:41
Techrights-secBut it would be nice if there were beneficial people brought in for a change.Oct 01 11:41
schestowitz-TRvery unlikely, but at least some of the very worst are out, so we have less 'firefighting' to worry about. GNOME Fdn. has also been quiet lately.Oct 01 11:42
Techrights-secIt's probably a mistake but I've been ignoring GNOME for ages, sinceOct 01 11:45
Techrights-secit became IMHO unviable.  Oct 01 11:45
Techrights-secssh: connect to host port 22: No route to hostOct 01 14:30
schestowitz-TRlooking into itOct 01 14:30
Techrights-secalso: Oct 01 14:37
Techrights-sec$ ping -c 5  gemini.techrights.orgOct 01 14:37
Techrights-secPING ( 56(84) bytes of data.Oct 01 14:37
Techrights-sec--- ping statistics ---Oct 01 14:37
Techrights-sec5 packets transmitted, 0 received, 100% packet loss, time 4047msOct 01 14:37
Techrights-sec(from TR)Oct 01 14:37
schestowitz-TRyes, two of my machines went offline and cannot connect for some reason. Router reboot worth trying?Oct 01 14:37
Techrights-secNot really, if you are able to connect outbound through it.  Did it change IPv4Oct 01 14:38
Techrights-secaddress on you just now?Oct 01 14:38
schestowitz-TRno, no firmware upgrades, IP address the same, I just cannot connect from two laptop at all, very oddOct 01 14:38
Techrights-secCan you connect to it via the LAN at all?Oct 01 14:39
schestowitz-TRNo, even with the GUIs it cannot establish a connection to the router. That started about 3 hours ago.Oct 01 14:39
Techrights-secWell if it does not change the IPv4 number you might powercycle the router, butOct 01 14:42
Techrights-secthat's just cargo culting and may not help as much as it disrupts/Oct 01 14:42
schestowitz-TRthe other computers were not affected at all and reboots don't tell what went wrong.Oct 01 14:42
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Techrights-secWhat about restarting the networking services on just the systems affected?Oct 01 14:45
schestowitz-TRI doubt it is in any way relatede to 30 Sept bugOct 01 14:45
Techrights-secno ideaOct 01 14:46
schestowitz-TR"DHCP look-up failed"Oct 01 14:47
Techrights-secHow long are the leases on the machines which still work?Oct 01 14:53
Techrights-sec^DHCP leasesOct 01 14:53
schestowitz-TRI am not sure what leases means in this context, but on router settings I toggled off "always use this IP address" and it still doesn't helpOct 01 14:53
schestowitz-TRone is raspi OS and the other crouton Oct 01 14:54
Techrights-secWhich distros are on the disfunctional machines?Oct 01 14:55
Techrights-secI'm not sure of crouton but raspberry pi OS should be:Oct 01 14:55
Techrights-sec sudo systemctl restart networkingOct 01 14:55
Techrights-secAlso do the ports on the modem show any lights + blinking when that is run?Oct 01 14:56
schestowitz-TRI am looking at router logsOct 01 15:01
schestowitz-TRit just names the devices and show they were disconnectedOct 01 15:01
Techrights-secThere should be lights on the Ethernet ports. There should be one lightOct 01 15:12
Techrights-secwhen the physical connection is established and another as packets areOct 01 15:12
Techrights-sectransmitted.  Are either LED on each Ethernet port shining at all?Oct 01 15:12
Techrights-secsudo journalctl -u networkingOct 01 15:12
Techrights-sec?Oct 01 15:12
Techrights-sectail -n 100 -f /var/log/daemon.log | awk '$5~/^avahi-daemon/||$5~/^dhcpcd/'Oct 01 15:12
schestowitz-TR"timed out waiting for DHCP lease"Oct 01 15:17
Techrights-secThen it might be the connection, is it Ethernet or WiFi?Oct 01 15:18
schestowitz-TRwifiOct 01 15:18
Techrights-sec:(Oct 01 15:19
Techrights-secMaybe it is time to try restarting the router?Oct 01 15:19
schestowitz-TRwill tryOct 01 15:19
*Disconnected (Connection reset by peer).Oct 01 15:22
*Now talking on #boycottnovellOct 01 15:23
*Topic for #boycottnovell is: | Channel #boycottnovell for | Free Software Sentry – watching and reporting maneuvers of those who oppose software freedom :: please also join channels #techrights and #boycottnovell-socialOct 01 15:23
*Topic for #boycottnovell set by schestowitz!~roy@haii6za73zabc.irc at Tue Jun 1 20:22:10 2021Oct 01 15:23
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schestowitz-TRthe reboot seems to have 'fixed' it (both computers), but now I have lots of tasksOct 01 15:35
Techrights-secreboot is a very disruptive approachOct 01 15:36
schestowitz-TRalso taught me nothing about why it happenedOct 01 15:37
Techrights-secindeed but it was a proprietary router?Oct 01 15:40
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schestowitz-TRthe process that logs to ~/gemini/logs stopped working after the outage and i've checked but cannot remember how to get it fixed. iirc, it needs root to get running and is a daemonOct 01 18:04
Techrights-sec:)Oct 01 18:08
Techrights-secackOct 01 18:08
Techrights-secsudo systemctl restart gemini-tcpdump-logger.serviceOct 01 18:08
Techrights-secgemini-tcpdump-logger.service should have started automatically butOct 01 18:09
Techrights-secsystemd is so deceptively complicatedOct 01 18:09
Techrights-sec Obviously something is missingOct 01 18:10
Techrights-secfrom the service file, but what?  It currently complies with the documentatOct 01 18:10
Techrights-secas far as I can tell.  Oct 01 18:10
Techrights-secsee also:Oct 01 18:11
Techrights-secsudo journalctl -xe -u gemini-tcpdump-logger.serviceOct 01 18:11
schestowitz-TRI could not fathom a reason why merely having no connection for a few hours can cause this, except maybe IP address change, but it's LANOct 01 18:12
schestowitz-TRlogging works ok now :-D I have added this to my "if connection goes down" notes/cheatsheet, which is already very long, maybe 40 linesOct 01 18:13
Techrights-secI am suspecting in other cases too that systemd does not handle changesOct 01 18:13
Techrights-secto the network gracefully.  Changing either IP or Network seems to causeOct 01 18:13
Techrights-seca fatal, irrecoverable error.Oct 01 18:13
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schestowitz-TRfile a bug repo... I mean "ISSUE" in ShitHubOct 01 18:14
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schestowitz-TRbefore IBM fires a developer who can fix itOct 01 18:14
Techrights-secEWONTFIXOct 01 18:17
Techrights-secIt doesn't have to work, it just has to decommoditize GNU/Linux and lockOct 01 18:17
Techrights-secpeople into IBM's subscription "products".  Oct 01 18:17
schestowitz-TRI am furious an LF et alOct 01 18:17
schestowitz-TRMy older machines started shouting yesterday about root cert (you know the issue). Those are rather obsolete machines, but those stupid cert mills do little for ACTUAL cicurity while creating a pile of e-waste... perfectly fine products that won't work anymore. I found a workaround, but "DEVICES" lack access for fixes. CRIMINAL sending billions of devices to landfills.Oct 01 18:18
Techrights-secyes, I read about that.  It causes problems in many areas.Oct 01 18:20
schestowitz-TRnot the first such controversies, with some older android phones unable to even access any sites for "security" reasons... and no workarounds. who benefits? some of the companies that bankroll these cert mills, putting padlocks on everything, even read-only stuffOct 01 18:21
Techrights-secCerts have been one giant pyramid scheme.  Oct 01 18:22
schestowitz-TRliterall a pyramidOct 01 18:22
Techrights-secTR could start selling certificatesOct 01 18:22
Techrights-secas a side activity for income.  :/  Yes, literally a pyramid.Oct 01 18:22
schestowitz-TRyou might say ubuntu was started by MLM scam artist from SAOct 01 18:22
Techrights-sec Yes, literally a pyramid.  It's just a Oct 01 18:23
Techrights-seckey signed by another key x n.Oct 01 18:23
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schestowitzFwd: Are software patents evil? #askbastianOct 01 18:25
schestowitzIf you’ve been following me for some time, you’ll probably guess my answer:Oct 01 18:25
schestowitzAre software patents evil? #askbastianOct 01 18:25
schestowitzAre software patents evil? #askbastianOct 01 18:25
schestowitzWhat’s your burning question about patents for the digital future? Hit reply and ask away.Oct 01 18:25
schestowitzFwd: Patents for the digital future (presentation slides in German)Oct 01 18:26
schestowitz Bastian Best Oct 01 18:26
schestowitzBastian BestOct 01 18:26
schestowitz@ 01 18:26
-TechrightsBN/#boycottnovell- ( status 400 @ )Oct 01 18:26
schestowitzI recently had the pleasure to speak about my favorite topic in front of 50 attorneys-at-law (online) at the 11th NRW IT-Rechtstag 2021.Oct 01 18:26
schestowitzMeanwhile, I uploaded the slide deck to Slideshare (it’s in German):Oct 01 18:26
schestowitzPatente für die digitale Zukunft (Bastian Best, 2021-09-16)Oct 01 18:26
schestowitzPatente für die digitale Zukunft (Bastian Best, 2021-09-16)Oct 01 18:26
schestowitzDie Folien meines Vortrags auf dem 11. NRW IT-Rechtstag 2021 am 16. September 2021Oct 01 18:26
schestowitzwww.slideshare.netOct 01 18:26
schestowitzI recorded myself on video while I was giving the talk, and I’m thinking about turning the raw recording and the slides into a nice video for YouTube. Since this was a one hour long talk, I’m somewhat shying away from the effort, though.Oct 01 18:26
schestowitzQuestion to you: Would you watch a one hour long conference talk recording about Patente für die digitale Zukunft?Oct 01 18:26
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schestowitzRe: APP(LE) AssociationOct 01 18:26
schestowitz> 01 18:26
schestowitz> 01 18:26
schestowitz> Oct 01 18:26
-TechrightsBN/ | On Deceptive Apps and Practices: Unmasking the ACT App(le) Association - KIDON IPOct 01 18:26
-TechrightsBN/ | FOSS Patents: Not a class ACT: the so-called App Association is simply an Apple Association and does NOT represent app developers' interests in fair distribution termsOct 01 18:26
schestowitzZuck's crap. Another laundry cycle.Oct 01 18:27
schestowitzFwd: US-style AI patent claim drafting tipsOct 01 18:32
schestowitzI came across an interesting article by DLA Piper’s Joseph Wolfe titled “Claim drafting strategies for artificial intelligence innovations”.Oct 01 18:32
schestowitzThe article mostly addresses patent-eligibility issues with AI inventions in the US. What caught my attention was that describing the training process appears to be helpful to overcome the eligibility challenge:Oct 01 18:32
schestowitzOne way to avoid the subject matter groupings is to describe a training process for the prediction model.  The USPTO has provided that such training process falls outside of the mathematical concepts and mental processes groupings.  For example, in the Subject Matter Eligibility Examples published simultaneously with the January 2019 Patent Eligibility Guidance, the USPTO included a machine learning based claim for consideration.  The USPTO Oct 01 18:32
schestowitzprovided that such training functionality falls outside of the mathematical concept and metal processes grouping.Oct 01 18:32
schestowitzHere’s the link to the full article (thanks to ML4Patents):Oct 01 18:32
Techrights-secSee commit e18edf970645431b736e8af231e9ea07fc7a8d53Oct 01 18:39
schestowitz-TRI see nowOct 01 18:40
Techrights-secGoes in /lib/systemd/system/Oct 01 18:41
Techrights-secfollowed by       Oct 01 18:41
Techrights-secsudo systemctl daemon-reloadOct 01 18:41
Techrights-secsudo systemctl restart gemini-tcpdump-logger.serviceOct 01 18:41
schestowitz-TRI am going to take a nap and when I wake up I will improve my gemini monitoring for downtimes, as today we had a long one that was possible to avoidOct 01 18:41
Techrights-secThough the correct location is /etc/systemd/system since it is a localOct 01 18:42
Techrights-secmodification and not provided by a packaged.  Oct 01 18:42
Techrights-secOk.  I may power down for a while soon.  It depends.Oct 01 18:42
schestowitz-TRI will catch up with things during the weekend; today had some annoyances, did not manage to write muchOct 01 18:42
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schestowitz> We need your help to file a former complaint that should make theOct 01 22:53
schestowitz> whole thing collapse.Oct 01 22:53
schestowitz> Oct 01 22:53
schestowitz> We need to list and find the 4 impact assessments that the EuropeanOct 01 22:53
schestowitz> Commission had to provide when it makes proposals:Oct 01 22:53
schestowitz> Oct 01 22:53
schestowitz> 2009: the IA is the Harhoff study???Oct 01 22:53
schestowitz> 2011: this IA is covering the 2 regulations but not the UPCAOct 01 22:53
schestowitz> 01 22:54
schestowitz> 2011: I am looking for the Impact Assessment covering the UPCAOct 01 22:54
schestowitzI will ask around.Oct 01 22:54
schestowitz 01 23:06
-TechrightsBN/ | Germany and Slovenia ratify Protocol on Provisional Application Unified Patent Court - Kluwer Patent BlogOct 01 23:06
schestowitz"Oct 01 23:06
schestowitzAndre FransOct 01 23:06
schestowitzSEPTEMBER 29, 2021 AT 1:52 AMOct 01 23:06
schestowitzBrexit implications suddenly vaporized, why this question is not addressed in the Council document?Oct 01 23:06
schestowitzREPLYOct 01 23:06
schestowitzPatent robotOct 01 23:06
schestowitzSEPTEMBER 29, 2021 AT 9:48 AMOct 01 23:06
schestowitzCopied from the EU Council website today:Oct 01 23:06
schestowitzAgreement on a Unified Patent Court (UPC)Oct 01 23:06
schestowitzUnited Kingdom: Withdrawal of ratification received on, and effective as from, 20/07/2020Oct 01 23:06
schestowitzREPLYOct 01 23:06
schestowitzCampinosOct 01 23:06
schestowitzSEPTEMBER 29, 2021 AT 10:36 AMOct 01 23:06
schestowitz“This also applies to small and medium-sized companies that make a significant contribution to the innovative potential of our country.”Oct 01 23:06
schestowitzCourt fees of the UPC for cancelling a patent are 20.000EUR. In Czech Republic, they are 80EUR.Oct 01 23:06
schestowitzLawyers fees will also be on the rise, due to the tight agenda of 12 months imposed by the UPC.Oct 01 23:06
schestowitzRefundable amounts are too low, so even if you are in yoru own right, you won’t be fully refunded.Oct 01 23:07
schestowitzSo much the “it’s also good for SMEs”.Oct 01 23:07
schestowitzMdme Lamberts has a different calculator than mine.Oct 01 23:07
schestowitzREPLYOct 01 23:07
schestowitzConcerned observerOct 01 23:07
schestowitzSEPTEMBER 29, 2021 AT 12:58 PMOct 01 23:07
schestowitzAn interesting question will apply to judges that might be recruited during the provisional application period. That is, will they be prepared to accept employment from a court that, strictly speaking, does not have any legal basis (and hence is not a bona fide legal entity)?Oct 01 23:07
schestowitzOf course, accepting an offer of employment by the UPC under these circumstances would (or at least should) disqualify the judges concerned from hearing any cases that challenge the basis (under international law) for the UPC. This is because any party raising such a challenge would be able to point to the judge’s acceptance of employment by the UPC as providing objective justification for a fear of partiality on the point of law in question.Oct 01 23:07
schestowitzThus, it will be impossible for any judge of the UPC to handle, in an objectively unbiased manner, any challenges to the legitimacy of the UPC.Oct 01 23:07
schestowitzPray tell, which courts and judges would be able to handle such challenges in an unbiased manner? There is absolutely no doubt that such challenges will be raised. So is this another reason to conclude that, as currently constructed, the UPC suffers from fundamental and irredeemable flaws … including an impossibility of demonstrating compliance with the Art 6 ECHR rights of litigants to an “independent and impartial tribunal established by Oct 01 23:07
schestowitzlaw”?Oct 01 23:07
schestowitzREPLYOct 01 23:07
schestowitzAttentive ObserverOct 01 23:07
schestowitzSEPTEMBER 29, 2021 AT 8:03 PMOct 01 23:07
schestowitzYour comment is very interesting and you raise a real problem.Oct 01 23:07
schestowitzWhen do you state that the UPC “does not have any legal basis” are you aiming at Art 7(2)UPCA?Oct 01 23:07
schestowitzAnother way of looking at it, is it possible, without amendment of Art 7(2)UPCA, to consider that the notion of legal judge is not respected should the duties of the London Section be “provisionally”transferred to Paris and/or Munich?Oct 01 23:07
schestowitzAs far as judges are concerned there are quite a few of them jumping at the bit to get a post at the UPC.Oct 01 23:07
schestowitzSome of them openly complain that the delayed opening of the UPC costs them a lot of money in view of the higher wages they could get at the UPC in comparison to their national wages.Oct 01 23:07
schestowitzIt is not difficult to understand why the promoters of the UPC ignore all the legal problems which the UPC faces. The only legally correct way to amend Art 7(2) UPCA is to renegotiate the location of the section of the central division. This means a new round of ratifications.Oct 01 23:07
schestowitzUPC promoters know too well that the interest for the UPC would vanish. After all, 45+ years have passed since the Luxembourg conference and it does not appear that the few supranational litigations in the EU need such a complicated thing as the UPC.Oct 01 23:07
schestowitzNot only the British legal profession has already lost out due to Brexit, but the same fate would occur to the legal profession on the continent.Oct 01 23:07
schestowitzAll the efforts put into the setting up of the UPC would have been in vain and there would be no return on investment.Oct 01 23:07
schestowitzBut wanting to go through the wall for the sake of a return on investment will end up with a similar result.Oct 01 23:07
schestowitzREPLYOct 01 23:07
schestowitzConcerned observerOct 01 23:07
schestowitzSEPTEMBER 30, 2021 AT 11:32 AMOct 01 23:07
schestowitzAttentive,Oct 01 23:07
schestowitzThere are many problems with the purported legal basis for the UPC (and its Protocols). However, I was thinking mostly of Article 3(1) of the PAP.Oct 01 23:07
schestowitzUnless and until the PAP comes into force, the UPC will not have any legal personality, and will therefore be legally incapable of employing any judges. Thus, for any judge who accepts employment by “the UPC” during the provisional application phase, an objectively justifiable fear of partiality would arise on questions that will be crucial to determining whether the current UPCA provides sound legal basis for the UPC.Oct 01 23:07
schestowitzFor example, an objectively justifiable fear would arise that any such judges had already made up their minds with regard to either the legal effect of the withdrawal of a ratification, or the possibility of “rescuing” (under international law) an instrument that has not been ratified by the relevant contracting parties specified in that instrument. Both of these questions will be highly relevant to determination of the validity of the Oct 01 23:07
schestowitzcurrent UPCA. Further, the same objective fear of partiality would apply to any judges recruited after the end of the provisional application phase. Which would leave precisely no judges of the UPC who would fit the criterion of an unbiased adjudicator on the question of the legal validity of the UPCA.Oct 01 23:07
schestowitzThus, if things go to plan for the UPC’s promoters, the UPC will launch in circumstances where it will be impossible for any of its judges to provide an impartial hearing on crucial questions that WILL be raised by certain litigants. This would hardly inspire confidence in the UPC. Further, the serious deficiencies regarding the governance of the UPC are, over time, pretty much certain to make things even worse. So much for the supposed rule Oct 01 23:07
schestowitzof law.Oct 01 23:07
schestowitzREPLYOct 01 23:07
schestowitzAttentive ObserverOct 01 23:07
schestowitzSEPTEMBER 30, 2021 AT 7:16 PMOct 01 23:07
schestowitzIf I understand you well you are of the opinion that any judge recruited under the PAP, or thereafter, cannot exercise his duties correctly due to a justifiable fear of partiality on questions that will be crucial to determining whether the current UPCA provides sound legal basis for the UPC.Oct 01 23:07
schestowitzWith reference to Art 3(1) PAP you consider that, since the UK is still mandatory signatory of the PAP, any recruitment during the PAP is void ab initio as the recruited judge cannot decide that the PAP has a legal basis.Oct 01 23:07
schestowitzAm I correct?Oct 01 23:08
schestowitzREPLYOct 01 23:08
schestowitzConcerned observerOct 01 23:08
schestowitzOCTOBER 1, 2021 AT 12:36 PMOct 01 23:08
schestowitzAttentive,Oct 01 23:08
schestowitzIf the UPC were to operate without a valid legal basis (under the PAP and/or the UPCA), then it would not be a valid legal entity.Oct 01 23:08
schestowitzAt least the references in the PAP to the UK, and in the UPCA to London, provide prima facie reasons to believe that there is no valid basis under international law to bring either instrument into force. In other words, it would seem that the only valid way to proceed would be to draft (and separately ratify) new instruments that exclude references to the UK and London.Oct 01 23:08
schestowitzIf the UPC is not a valid legal entity, then this would call into question the legitimacy of any UPC judge’s contract of employment (and hence whether they were appointed in a manner according to the law).Oct 01 23:08
schestowitzThus, a UPC judge would not be able to reach a negative conclusion regarding the legal basis for the UPC (under the PAP or the UPCA) without calling into question his or her own legitimacy. Under these circumstances, which judge of the UPC could ever be seen as an impartial arbiter of the question of the legal basis for the UPC?Oct 01 23:08
schestowitzAttentive ObserverOct 01 23:08
schestowitzSEPTEMBER 29, 2021 AT 5:56 PMOct 01 23:08
schestowitzThe civil servants in the Ministry of Justice have had their hands guided all along by external lobbyists.Oct 01 23:08
schestowitzIf you compare the content of the explanatory note for the second ratification with an article published by Mr Tillman (from Hogan Lowells) in GRUR Int a few months before the resemblance is baffling.Oct 01 23:08
schestowitzThe whole waffling about the provisional allocation of the duties of the London Section to Munich is to be found in the article in GRUR Int.Oct 01 23:08
schestowitzDoes anybody think that the countries having claimed the reallocation of the London Section (IT, NL, IR) will simply acquiesce to such a crude manoeuvre?Oct 01 23:08
schestowitzSuch an absence of sense of the realities is flabbergasting.Oct 01 23:08
schestowitzIt give the feeling that the promoters of the UPC think that the more fake information is repeated the more they hope it will become true.Oct 01 23:08
schestowitzIn the explanatory it is also said that it will be cheaper for a German SME to go to´ the UPC rather than to a German court. Hard to believe, but true.Oct 01 23:08
schestowitzMrs Lamberts has definitely a different calculator, but we know where it comes from.Oct 01 23:08
schestowitzWithout amendment of Art 7(2)UPCA it is a fallacy to think that the UPCA is in conformity with Union law.Oct 01 23:08
schestowitzREPLYOct 01 23:08
schestowitzMax DreiOct 01 23:08
schestowitzSEPTEMBER 29, 2021 AT 7:47 PMOct 01 23:08
schestowitz“Never mind the (lack of) quality; feel the width” as the legendary seller of poor quality carpets used to say. All these worthy but legalistic objections are powerless in the face of a political will at the level of the EU, to have the UPC succeed.Oct 01 23:08
schestowitzRecall the time when the Editor of the London Times was exasperated by his journalist embedded with the British forces in the Boer War in South Africa. The war was not going well. The journalist filed a succession of reports of British defeats in battle. The readership of the newspaper was not happy at all. The Editor telegraphed his employee at the Front with a short message, namely “Send news of victories”Oct 01 23:08
schestowitzThose pushing the UPC operate in a world where the axiom “Fake it till you make it” is usually successful. As somebody on another blog thread pointed out, it will be pressure from the global titans, the bulk accumulators of portfolios of unitary patents, the so-called “national champions”, who will apply irresistible force on courts and governments, to force the UPC to work.Oct 01 23:08
schestowitzThat irresistible pressure on the politicians and jurists, applied by lobbyists, will result in a political mindset that the UPC must be made to succeed. After all, as everybody knows: “Where there is a will, there is always a way”. The Little Countries will presumably be bought off, in successive rounds of the usual EU horse-trading. The SME’s are mostly not even aware what is at stake and those few who understand have no lobbying muscle.Oct 01 23:08
schestowitzFor those pushing the UPC, harm to our precious Rule of Law is mere “collateral damage”.Oct 01 23:08
schestowitzREPLYOct 01 23:08
schestowitzConcerned observerOct 01 23:08
schestowitzSEPTEMBER 30, 2021 AT 11:37 AMOct 01 23:08
schestowitzMax,Oct 01 23:08
schestowitzAll hard to deny. The most galling part of the political support for the UPC is that it seems that the intention is to raise the current legislation from the dead merely for the sake of political convenience. This will create a Frankenstein’s monster of a court. The ultimate fate of Frankenstein should be a cautionary tale for those politicians intent upon ramming this court down all of our throats.Oct 01 23:08
schestowitzREPLYOct 01 23:08
schestowitzAttentive ObserverOct 01 23:08
schestowitzSEPTEMBER 30, 2021 AT 9:03 AMOct 01 23:08
schestowitzDear Max Drei,Oct 01 23:08
schestowitzI understand and share your anger at the way the UPC is pushed down our throats for the benefit of very few which want to make the big buck. The usefulness of the UPC for SMEs is also one of the fake news which helped as a fig leaf to lure politicians in accepting that the UPC is something which is absolutely necessary for the benefit of Europe.Oct 01 23:08
schestowitzThe contrary is true and the big beneficiaries are the big industry, but even more internationally active lawyer firms specialised in litigation.Oct 01 23:08
schestowitzPortugal and Slovenia have been bought off as an arbitration chamber was offered to them.Oct 01 23:08
schestowitzA training centre for judges has been promised to Hungary, but in view of the constitutional problems to be solved before it cannot ratify the UPCA and the centre will have to be transferred somewhere else. Here we have another problem which should be settled before the PPA enters into force and the judges are trained.Oct 01 23:08
schestowitzI cannot accept that the Rule of Law is mere “collateral damage”.Oct 01 23:09
schestowitzIf the EU accepts that the UPC enters into force as it stands, then it should refrain from requesting Poland to restore the independence of justice. By accepting that the duties of the London Section of the central division is pushed around as suggested, it behaves exactly as Poland.Oct 01 23:09
schestowitzI have not yet given up the hope that in the end the rule of law will prevail.Oct 01 23:09
schestowitzREPLYOct 01 23:09
schestowitzDonna MontannaOct 01 23:09
schestowitzSEPTEMBER 30, 2021 AT 9:59 AMOct 01 23:09
schestowitzThe UPC has no backing by the people. Just the like EU.Oct 01 23:09
schestowitzREPLYOct 01 23:09
schestowitzAttentive ObserverOct 01 23:09
schestowitzSEPTEMBER 30, 2021 AT 7:20 PMOct 01 23:09
schestowitzI would not go as far for the EU. There are lots of criticisms, but I do not think that any referendum deciding to leave the EU would have any chance of success, even in countries which are at odds with the Commission.Oct 01 23:09
schestowitzThey would lose a lot of money.Oct 01 23:09
schestowitzREPLYOct 01 23:09
schestowitzPatent robotOct 01 23:09
schestowitzSEPTEMBER 30, 2021 AT 11:48 AMOct 01 23:09
schestowitzCan someone please explain how the Protocol and the UPC can enter into force soon when the UK has withdrawn its ratification in 2020?Oct 01 23:09
schestowitzREPLYOct 01 23:09
schestowitzDavid FosterOct 01 23:09
schestowitzSEPTEMBER 30, 2021 AT 1:35 PMOct 01 23:09
schestowitzThe European Commission has cheated the Impact Assessment of the UPC.Oct 01 23:09
schestowitzThe Harhoff 2009 study was about the “Community Patent”, not the “Unitary Patent”.Oct 01 23:09
schestowitzIt was done to hide the controversial changes made in between, such as the “self-financed” aspect of the UPC, which explains why it is so expensive for SMEs.Oct 01 23:09
schestowitzThis is a intentional fraud.Oct 01 23:09
schestowitzREPLYOct 01 23:09
schestowitzJan VerbistOct 01 23:09
schestowitzOCTOBER 1, 2021 AT 10:12 PMOct 01 23:09
schestowitzDoes anybody know where is the UPCA Impact Assessment (IA)?Oct 01 23:09
schestowitzIn the IA on the 2 regulations, you can find this curious statement:Oct 01 23:09
schestowitz 01 23:09
schestowitz“Finally, this IA does not address the unified patent litigation system that follows a parallel work stream and will be subject to different legal instrument.”Oct 01 23:09
schestowitzFFII has also published some allegations in June:Oct 01 23:09
schestowitz 01 23:09
schestowitz“according to a testimony we received [Margot Frohlinger] did not want to “redo the impact assessment because it would attract critics”.”Oct 01 23:09
schestowitzThe Commission is obliged to ship Impact Assessments attached to each of their proposals (which was correctly done for the 2 regulations), why was it not done with the UPCA?Oct 01 23:09
-TechrightsBN/ | European Commission cheated Unitary Patent’s Impact Assessment to hide its high costs for SMEs | FFIIOct 01 23:09
schestowitzREPLYOct 01 23:09
schestowitzAttentive ObserverOct 01 23:09
schestowitzSEPTEMBER 30, 2021 AT 7:44 PMOct 01 23:09
schestowitzThose who claim that the UPC is good for European industry in general and SMEs in particular cannot believe what they are saying.Oct 01 23:09
schestowitzThe simply use the SMEs as fig leaf.Oct 01 23:09
schestowitzThere have been studies showing clearly that the UPC will have a deleterious effect on SMEs.Oct 01 23:09
schestowitzI refer here at the study of Mr Dimitris Xenos “The Impact of the European Patent system on SMEs and National States and the Advent of Unitary Patent” available at 01 23:10
-TechrightsBN/ | The Impact of the European Patent System on SMEs and National States and the Advent of Unitary Patent by Dimitris Xenos :: SSRNOct 01 23:10
schestowitzWhy have countries like Poland and the Czech Republic refused to ratify the UPC? Because it will have a deleterious effect on their industry.Oct 01 23:10
schestowitzREPLYOct 01 23:10
schestowitzAttentive ObserverOct 01 23:10
schestowitzOCTOBER 1, 2021 AT 6:44 PMOct 01 23:10
schestowitzDear Concerned Observer,Oct 01 23:10
schestowitzI can fully subscribe to your view as far as the position of a judge acting under the UPC as it stands.Oct 01 23:10
schestowitzBut would it not be easy for such a judge to say that the subject-matter of the debate before the UPC is an infringement or nullity action and hence challenging the legality of the UPC is a not-admissible question?Oct 01 23:10
schestowitzI fear that this might be the position of all judges also hoping to make the big buck at the UPC. They would not be so stupid as to saw the branch on which they are sitting?Oct 01 23:10
schestowitzBefore the entry in force of the UPC, its conformity with Union law has to be checked. It is not enough for its promoters to claim that it is conform.Oct 01 23:10
schestowitz"Oct 01 23:10
schestowitz 01 23:17
-TechrightsBN/ | Tab auto-refresh - githubmemoryOct 01 23:17
schestowitzsee in 01 23:44

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