IRC: #boycottnovell @ Techrights IRC Network: Friday, October 01, 2021

-TechrightsBN/#boycottnovell-social.tchncs.de | scops: "@tuxmachines@mastodon.technology SoftMaker Office…" - Mastodon

schestowitz

"SoftMaker Office is missing!"

https://mastodon.social/@leszek/106838269971025162

schestowitz

-TechrightsBN/#boycottnovell-mastodon.social | leszek: "@tuxmachines@mastodon.technology also e-mail prov…" - Mastodon

schestowitz

"also e-mail provider block it relatively quickly if you sent too many mails after one another"

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https://social.tchncs.de/@scops/106821040517611657

schestowitz

-TechrightsBN/#boycottnovell-social.tchncs.de | scops: "@tuxmachines@mastodon.technology i hope the next …" - Mastodon

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..."

http://techrights.org/2021/09/24/spamnil-zdnet-lf-greenwashing-microsoft/

schestowitz

Oct 01 00:40

-TechrightsBN/#boycottnovell-techrights.org | [Meme] ‘Linux’ Foundation is Greenwashing Microsoft Again, Misusing the Linux Brand Like Nobody’s Business | Techrights

Oct 01 00:41

schestowitz

https://www.fosslife.org/how-use-sleep-and-wait-commands-linux

schestowitz

-TechrightsBN/#boycottnovell-www.fosslife.org | How to Use the Sleep and Wait Commands on Linux

schestowitz

The 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.

schestowitz

In this article, you’ll learn the difference between these commands and when and how to use them through simple examples.

schestowitz

x https://cio.economictimes.indiatimes.com/news/digital-security/democratizing-cybersecurity/86670732

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Oct 01 03:04

schestowitz-TR

personal 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 yet

Oct 01 09:06

schestowitz-TR

*is

Oct 01 09:06

schestowitz-TR

I 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 improvements

Oct 01 09:11

schestowitz-TR

social 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

*face

Oct 01 09:12

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Oct 01 10:38

schestowitz

schestowitz

# why no advancements are made in making development processes produce more

-TechrightsBN/#boycottnovell-cio.economictimes.indiatimes.com | Democratizing cybersecurity, IT News, ET CIO

schestowitz

# secure results

https://joindiaspora.com/posts/21674650

schestowitz

-TechrightsBN/#boycottnovell-@schestowitz@joindiaspora.com: Deb Nicholson is leaving https://opensource.org/OutgoingGMReflections same year as Bully de Blanc, but damage was done: http://techrights.org/2021/02/09/freesw-license-redefined/

schestowitz

# will the replacements be worse?

-TechrightsBN/#boycottnovell--> opensource.org | Open Source is a Relay Race: Reflections from our Outgoing Interim General Manager | Open Source Initiative

schestowitz

The ones they're hired to lead is a lot less bad than I imagined

-TechrightsBN/#boycottnovell--> techrights.org | GNOME Foundation and OSI Move on to ‘Extend’ Phase Against the Free Software Definition (or Against Software Freedom) | Techrights

Techrights-sec

Good.

Oct 01 11:41

Techrights-sec

But it would be nice if there were beneficial people brought in for a change.

Oct 01 11:41

schestowitz-TR

very 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-sec

It's probably a mistake but I've been ignoring GNOME for ages, since

Oct 01 11:45

Techrights-sec

it became IMHO unviable.

Oct 01 11:45

Techrights-sec

ssh: connect to host gemini.techrights.org port 22: No route to host

Oct 01 14:30

schestowitz-TR

looking into it

Oct 01 14:30

Techrights-sec

also:

Techrights-sec

$ ping -c 5 gemini.techrights.org

Techrights-sec

PING home.techrights.org (81.154.172.85) 56(84) bytes of data.

Techrights-sec

--- home.techrights.org ping statistics ---

Techrights-sec

5 packets transmitted, 0 received, 100% packet loss, time 4047ms

Techrights-sec

(from TR)

schestowitz-TR

yes, two of my machines went offline and cannot connect for some reason. Router reboot worth trying?

Techrights-sec

Not really, if you are able to connect outbound through it. Did it change IPv4

Oct 01 14:38

Techrights-sec

address on you just now?

Oct 01 14:38

schestowitz-TR

no, no firmware upgrades, IP address the same, I just cannot connect from two laptop at all, very odd

Oct 01 14:38

Techrights-sec

Can you connect to it via the LAN at all?

Oct 01 14:39

schestowitz-TR

No, even with the GUIs it cannot establish a connection to the router. That started about 3 hours ago.

Oct 01 14:39

Techrights-sec

Well if it does not change the IPv4 number you might powercycle the router, but

Oct 01 14:42

Techrights-sec

that's just cargo culting and may not help as much as it disrupts/

Oct 01 14:42

schestowitz-TR

the other computers were not affected at all and reboots don't tell what went wrong.

Oct 01 14:42

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Oct 01 14:44

Techrights-sec

What about restarting the networking services on just the systems affected?

Oct 01 14:45

schestowitz-TR

I doubt it is in any way relatede to 30 Sept bug

Oct 01 14:45

Techrights-sec

no idea

Oct 01 14:46

schestowitz-TR

"DHCP look-up failed"

Oct 01 14:47

Techrights-sec

How long are the leases on the machines which still work?

Oct 01 14:53

Techrights-sec

^DHCP leases

Oct 01 14:53

schestowitz-TR

I 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 help

Oct 01 14:53

schestowitz-TR

one is raspi OS and the other crouton

Oct 01 14:54

Techrights-sec

Which distros are on the disfunctional machines?

Oct 01 14:55

Techrights-sec

I'm not sure of crouton but raspberry pi OS should be:

Oct 01 14:55

Techrights-sec

sudo systemctl restart networking

Oct 01 14:55

Techrights-sec

Also do the ports on the modem show any lights + blinking when that is run?

Oct 01 14:56

schestowitz-TR

I am looking at router logs

Oct 01 15:01

schestowitz-TR

it just names the devices and show they were disconnected

Oct 01 15:01

Techrights-sec

There should be lights on the Ethernet ports. There should be one light

Techrights-sec

when the physical connection is established and another as packets are

Techrights-sec

transmitted. Are either LED on each Ethernet port shining at all?

Techrights-sec

sudo journalctl -u networking

Techrights-sec

Techrights-sec

tail -n 100 -f /var/log/daemon.log | awk '$5~/^avahi-daemon/||$5~/^dhcpcd/'

schestowitz-TR

"timed out waiting for DHCP lease"

Oct 01 15:17

Techrights-sec

Then it might be the connection, is it Ethernet or WiFi?

Oct 01 15:18

schestowitz-TR

wifi

Oct 01 15:18

Techrights-sec

Oct 01 15:19

Techrights-sec

Maybe it is time to try restarting the router?

Oct 01 15:19

schestowitz-TR

will try

Oct 01 15:19

*Disconnected (Connection reset by peer).

Oct 01 15:22

*Now talking on #boycottnovell

Oct 01 15:23

*Topic for #boycottnovell is: TechRights.org | Channel #boycottnovell for http://TechRights.org | Free Software Sentry – watching and reporting maneuvers of those who oppose software freedom :: please also join channels #techrights and #boycottnovell-social

Oct 01 15:23

*Topic for #boycottnovell set by schestowitz!~roy@haii6za73zabc.irc at Tue Jun 1 20:22:10 2021

Oct 01 15:23

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Oct 01 15:33

schestowitz-TR

the reboot seems to have 'fixed' it (both computers), but now I have lots of tasks

Oct 01 15:35

Techrights-sec

reboot is a very disruptive approach

Oct 01 15:36

schestowitz-TR

also taught me nothing about why it happened

Oct 01 15:37

Techrights-sec

indeed but it was a proprietary router?

Oct 01 15:40

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Oct 01 16:31

schestowitz-TR

the 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 daemon

Oct 01 18:04

Techrights-sec

Oct 01 18:08

Techrights-sec

ack

Oct 01 18:08

Techrights-sec

sudo systemctl restart gemini-tcpdump-logger.service

Oct 01 18:08

Techrights-sec

gemini-tcpdump-logger.service should have started automatically but

Oct 01 18:09

Techrights-sec

systemd is so deceptively complicated

Oct 01 18:09

Techrights-sec

Obviously something is missing

Oct 01 18:10

Techrights-sec

from the service file, but what? It currently complies with the documentat

Oct 01 18:10

Techrights-sec

as far as I can tell.

Oct 01 18:10

Techrights-sec

see also:

Oct 01 18:11

Techrights-sec

sudo journalctl -xe -u gemini-tcpdump-logger.service

Oct 01 18:11

schestowitz-TR

I 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 LAN

Oct 01 18:12

schestowitz-TR

logging works ok now :-D I have added this to my "if connection goes down" notes/cheatsheet, which is already very long, maybe 40 lines

Techrights-sec

I am suspecting in other cases too that systemd does not handle changes

Techrights-sec

to the network gracefully. Changing either IP or Network seems to cause

Techrights-sec

a fatal, irrecoverable error.

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schestowitz-TR

file a bug repo... I mean "ISSUE" in ShitHub

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schestowitz-TR

before IBM fires a developer who can fix it

Techrights-sec

EWONTFIX

Techrights-sec

It doesn't have to work, it just has to decommoditize GNU/Linux and lock

Techrights-sec

people into IBM's subscription "products".

schestowitz-TR

I am furious an LF et al

schestowitz-TR

My 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-sec

yes, I read about that. It causes problems in many areas.

Oct 01 18:20

schestowitz-TR

not 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 stuff

Oct 01 18:21

Techrights-sec

Certs have been one giant pyramid scheme.

schestowitz-TR

literall a pyramid

Techrights-sec

TR could start selling certificates

Techrights-sec

as a side activity for income. :/ Yes, literally a pyramid.

schestowitz-TR

you might say ubuntu was started by MLM scam artist from SA

Techrights-sec

Yes, literally a pyramid. It's just a

Oct 01 18:23

Techrights-sec

key signed by another key x n.

Oct 01 18:23

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schestowitz

Fwd: Are software patents evil? #askbastian

schestowitz

If you’ve been following me for some time, you’ll probably guess my answer:

schestowitz

Are software patents evil? #askbastian

schestowitz

Are software patents evil? #askbastian

schestowitz

What’s your burning question about patents for the digital future? Hit reply and ask away.

schestowitz

Fwd: Patents for the digital future (presentation slides in German)

schestowitz

Bastian Best

schestowitz

Bastian Best

@https://twitter.com/bastianbest

schestowitz

-TechrightsBN/#boycottnovell- ( status 400 @ https://mobile.twitter.com/bastianbest )

schestowitz

I 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.

schestowitz

Meanwhile, I uploaded the slide deck to Slideshare (it’s in German):

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Patente für die digitale Zukunft (Bastian Best, 2021-09-16)

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Patente für die digitale Zukunft (Bastian Best, 2021-09-16)

schestowitz

Die Folien meines Vortrags auf dem 11. NRW IT-Rechtstag 2021 am 16. September 2021

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www.slideshare.net

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I 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.

schestowitz

Question to you: Would you watch a one hour long conference talk recording about Patente für die digitale Zukunft?

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schestowitz

Re: APP(LE) Association

> https://www.kidonip.com/frightful-five/on-deceptive-apps-and-practices-unmasking-the-act-apple-association/

schestowitz

> http://www.fosspatents.com/2021/10/not-class-act-so-called-app-association.html

schestowitz

schestowitz

-TechrightsBN/#boycottnovell-www.kidonip.com | On Deceptive Apps and Practices: Unmasking the ACT App(le) Association - KIDON IP

-TechrightsBN/#boycottnovell-www.fosspatents.com | 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 terms

schestowitz

Zuck's crap. Another laundry cycle.

Oct 01 18:27

schestowitz

Fwd: US-style AI patent claim drafting tips

schestowitz

I came across an interesting article by DLA Piper’s Joseph Wolfe titled “Claim drafting strategies for artificial intelligence innovations”.

schestowitz

The 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:

schestowitz

One 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

schestowitz

provided that such training functionality falls outside of the mathematical concept and metal processes grouping.

schestowitz

Here’s the link to the full article (thanks to ML4Patents):

Techrights-sec

See commit e18edf970645431b736e8af231e9ea07fc7a8d53

Oct 01 18:39

schestowitz-TR

I see now

Oct 01 18:40

Techrights-sec

Goes in /lib/systemd/system/

Techrights-sec

followed by

Techrights-sec

sudo systemctl daemon-reload

Techrights-sec

sudo systemctl restart gemini-tcpdump-logger.service

schestowitz-TR

I 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 avoid

Techrights-sec

Though the correct location is /etc/systemd/system since it is a local

Techrights-sec

modification and not provided by a packaged.

Techrights-sec

Ok. I may power down for a while soon. It depends.

schestowitz-TR

I will catch up with things during the weekend; today had some annoyances, did not manage to write much

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Oct 01 22:27

schestowitz

> We need your help to file a former complaint that should make the

schestowitz

> whole thing collapse.

schestowitz

schestowitz

> We need to list and find the 4 impact assessments that the European

schestowitz

> Commission had to provide when it makes proposals:

schestowitz

schestowitz

> 2009: the IA is the Harhoff study???

schestowitz

> 2011: this IA is covering the 2 regulations but not the UPCA

> https://web.archive.org/web/20120813053300/https://ec.europa.eu/internal_market/indprop/docs/patent/sec2011-482-final_en.pdf

schestowitz

Oct 01 22:54

schestowitz

> 2011: I am looking for the Impact Assessment covering the UPCA

Oct 01 22:54

schestowitz

I will ask around.

Oct 01 22:54

schestowitz

http://patentblog.kluweriplaw.com/2021/09/28/germany-and-slovenia-ratify-protocol-on-provisional-application-unified-patent-court/#comments

-TechrightsBN/#boycottnovell-patentblog.kluweriplaw.com | Germany and Slovenia ratify Protocol on Provisional Application Unified Patent Court - Kluwer Patent Blog

schestowitz

schestowitz

Andre Frans

schestowitz

SEPTEMBER 29, 2021 AT 1:52 AM

schestowitz

Brexit implications suddenly vaporized, why this question is not addressed in the Council document?

schestowitz

schestowitz

Patent robot

schestowitz

SEPTEMBER 29, 2021 AT 9:48 AM

schestowitz

Copied from the EU Council website today:

schestowitz

Agreement on a Unified Patent Court (UPC)

schestowitz

United Kingdom: Withdrawal of ratification received on, and effective as from, 20/07/2020

schestowitz

schestowitz

Campinos

schestowitz

SEPTEMBER 29, 2021 AT 10:36 AM

schestowitz

“This also applies to small and medium-sized companies that make a significant contribution to the innovative potential of our country.”

schestowitz

Court fees of the UPC for cancelling a patent are 20.000EUR. In Czech Republic, they are 80EUR.

schestowitz

Lawyers fees will also be on the rise, due to the tight agenda of 12 months imposed by the UPC.

schestowitz

Refundable amounts are too low, so even if you are in yoru own right, you won’t be fully refunded.

schestowitz

So much the “it’s also good for SMEs”.

schestowitz

Mdme Lamberts has a different calculator than mine.

schestowitz

schestowitz

Concerned observer

schestowitz

SEPTEMBER 29, 2021 AT 12:58 PM

schestowitz

An 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)?

schestowitz

Of 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.

schestowitz

Thus, 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.

schestowitz

Pray 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

schestowitz

law”?

schestowitz

schestowitz

Attentive Observer

schestowitz

SEPTEMBER 29, 2021 AT 8:03 PM

schestowitz

Your comment is very interesting and you raise a real problem.

schestowitz

When do you state that the UPC “does not have any legal basis” are you aiming at Art 7(2)UPCA?

schestowitz

Another 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?

schestowitz

As far as judges are concerned there are quite a few of them jumping at the bit to get a post at the UPC.

schestowitz

Some 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.

schestowitz

It 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.

schestowitz

UPC 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.

schestowitz

Not 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.

schestowitz

All the efforts put into the setting up of the UPC would have been in vain and there would be no return on investment.

schestowitz

But wanting to go through the wall for the sake of a return on investment will end up with a similar result.

schestowitz

schestowitz

Concerned observer

schestowitz

SEPTEMBER 30, 2021 AT 11:32 AM

schestowitz

Attentive,

schestowitz

There 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.

schestowitz

Unless 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.

schestowitz

For 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

schestowitz

current 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.

schestowitz

Thus, 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

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of law.

schestowitz

schestowitz

Attentive Observer

schestowitz

SEPTEMBER 30, 2021 AT 7:16 PM

schestowitz

If 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.

schestowitz

With 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.

schestowitz

Am I correct?

schestowitz

schestowitz

Concerned observer

schestowitz

OCTOBER 1, 2021 AT 12:36 PM

schestowitz

Attentive,

schestowitz

If 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.

schestowitz

At 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.

schestowitz

If 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).

schestowitz

Thus, 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?

schestowitz

Attentive Observer

schestowitz

SEPTEMBER 29, 2021 AT 5:56 PM

schestowitz

The civil servants in the Ministry of Justice have had their hands guided all along by external lobbyists.

schestowitz

If 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.

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The 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.

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Does anybody think that the countries having claimed the reallocation of the London Section (IT, NL, IR) will simply acquiesce to such a crude manoeuvre?

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Such an absence of sense of the realities is flabbergasting.

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It 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.

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In 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.

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Mrs Lamberts has definitely a different calculator, but we know where it comes from.

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Without amendment of Art 7(2)UPCA it is a fallacy to think that the UPCA is in conformity with Union law.

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Max Drei

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SEPTEMBER 29, 2021 AT 7:47 PM

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“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.

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Recall 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”

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Those 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.

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That 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.

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For those pushing the UPC, harm to our precious Rule of Law is mere “collateral damage”.

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Concerned observer

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SEPTEMBER 30, 2021 AT 11:37 AM

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Max,

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All 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.

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Attentive Observer

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SEPTEMBER 30, 2021 AT 9:03 AM

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Dear Max Drei,

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I 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.

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The contrary is true and the big beneficiaries are the big industry, but even more internationally active lawyer firms specialised in litigation.

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Portugal and Slovenia have been bought off as an arbitration chamber was offered to them.

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A 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.

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I cannot accept that the Rule of Law is mere “collateral damage”.

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If 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.

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I have not yet given up the hope that in the end the rule of law will prevail.

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Donna Montanna

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SEPTEMBER 30, 2021 AT 9:59 AM

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The UPC has no backing by the people. Just the like EU.

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Attentive Observer

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SEPTEMBER 30, 2021 AT 7:20 PM

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I 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.

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They would lose a lot of money.

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Patent robot

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SEPTEMBER 30, 2021 AT 11:48 AM

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Can someone please explain how the Protocol and the UPC can enter into force soon when the UK has withdrawn its ratification in 2020?

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David Foster

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SEPTEMBER 30, 2021 AT 1:35 PM

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The European Commission has cheated the Impact Assessment of the UPC.

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The Harhoff 2009 study was about the “Community Patent”, not the “Unitary Patent”.

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It 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.

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This is a intentional fraud.

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Jan Verbist

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OCTOBER 1, 2021 AT 10:12 PM

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Does anybody know where is the UPCA Impact Assessment (IA)?

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In the IA on the 2 regulations, you can find this curious statement:

https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SEC:2011:0483:FIN:EN:PDF

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“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.”

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FFII has also published some allegations in June:

https://ffii.org/european-commission-cheated-unified-patent-courts-impact-assessment-to-hide-the-high-costs-for-smes/

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“according to a testimony we received [Margot Frohlinger] did not want to “redo the impact assessment because it would attract critics”.”

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The 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?

-TechrightsBN/#boycottnovell-ffii.org | European Commission cheated Unitary Patent’s Impact Assessment to hide its high costs for SMEs | FFII

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Attentive Observer

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SEPTEMBER 30, 2021 AT 7:44 PM

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Those who claim that the UPC is good for European industry in general and SMEs in particular cannot believe what they are saying.

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The simply use the SMEs as fig leaf.

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There have been studies showing clearly that the UPC will have a deleterious effect on SMEs.

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I 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 https://ssrn.com/abstract=3600384

-TechrightsBN/#boycottnovell-papers.ssrn.com | The Impact of the European Patent System on SMEs and National States and the Advent of Unitary Patent by Dimitris Xenos :: SSRN

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Why have countries like Poland and the Czech Republic refused to ratify the UPC? Because it will have a deleterious effect on their industry.

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Attentive Observer

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OCTOBER 1, 2021 AT 6:44 PM

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Dear Concerned Observer,

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I can fully subscribe to your view as far as the position of a judge acting under the UPC as it stands.

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But 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?

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I 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?

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Before 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.

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