Join us now at the IRC channel.
| schestowitz | http://ipkitten.blogspot.com/2016/03/trunki-judgment.html?showComment=1591619518439#c958280384638348199 | Jun 14 00:18 |
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| -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Kiddee case evades Trunki's horned animal - The IPKat | Jun 14 00:18 | |
| schestowitz | " | Jun 14 00:18 |
| schestowitz | Community Registered Design ("CRD") for the Trunki suitcase | Jun 14 00:18 |
| schestowitz | Presumably RCD was obtained on novelty based on a new shape, and, the new use of a suitcase also gives it individual character as the suitcase now becomes a fun suitcase whereas the new shape does the travelling for the child. | Jun 14 00:18 |
| schestowitz | Presumably the uniqueness of the new shape warrants a greater protection penumbra. | Jun 14 00:18 |
| schestowitz | Question: does a change of ornaments on a shape change the shape or the concept related to the new function of a suitcase (fun shape on wheels) which can contain clothing and be pulled like a wheelie suitcase or sat on as a toy? | Jun 14 00:18 |
| schestowitz | What are immaterial details when it comes to the protection of a new design shape concept? | Jun 14 00:18 |
| schestowitz | Is it more important to protect small ornamentation or is it more important to protect a new design shape concept? | Jun 14 00:18 |
| schestowitz | Does the ornamentation not depend on the overall shape corpus? Should someone who wants to use such a novel design shape not have to pay for the use of such a shape? And, if they want to change the ornamentation take separate RCDs to individuate their new ornamentation under class 32? Novelty can then be attributed to changes in ornamentation whereas the entitlement of the design corpus for novelty/individual character rights can | Jun 14 00:18 |
| schestowitz | rightfully be preserved for the prior art shape? | Jun 14 00:19 |
| schestowitz | In more common parlance, if one buys meat from a butcher and serves it with parsley, does the parsley change the shape of the piece of meat. Does meat need parsley to make it different. Surely it would make sense if those who want parsley and also want meat realise that they must pay for the meat and for the parsley. When I go to a shop to buy parsley surely I also have to buy the meat (or a vegetarian burger) if I want to eat the | Jun 14 00:19 |
| schestowitz | parley with it. I cannot just take the meat from the shop and say that I am entitled to it because I want to eat it with parsley or buy parley so as to be able to eat meat with it for free? | Jun 14 00:19 |
| schestowitz | Looking forward to hearing from you | Jun 14 00:19 |
| schestowitz | Yours truly, | Jun 14 00:19 |
| schestowitz | N.B. This is a personal comment. I am not a lawyer. | Jun 14 00:19 |
| schestowitz | " | Jun 14 00:19 |
| schestowitz | http://ipkitten.blogspot.com/2020/06/the-inexorable-rise-of-streaming-and.html?showComment=1591781017806#c3482135564269621087 | Jun 14 00:19 |
| schestowitz | " | Jun 14 00:19 |
| -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | The inexorable rise of streaming and the sunset of the cinema: celebration or sorrow? - The IPKat | Jun 14 00:19 | |
| schestowitz | The following is being reported by New York Times today-- | Jun 14 00:19 |
| schestowitz | "Movie theaters around the world are reopening, with AMC Theaters, the world’s largest cineplex operator, announcing on Tuesday that “almost all” of its locations in the United States and Britain would reopen next month. Over all, theaters in 90 percent of overseas markets will be running again by mid-July, according to the National Association of Theater Owners, a trade organization for movie exhibitors in 98 countries." | Jun 14 00:19 |
| schestowitz | " | Jun 14 00:19 |
| schestowitz | http://ipkitten.blogspot.com/2020/06/doh-may-be-female-deer-and-re-drop-of.html?showComment=1591799420587#c7209522581894572729 | Jun 14 00:20 |
| schestowitz | "I find these copyright cases fascinating. As Aleksandra says, the jury should be told how original the chord progression is. I can think of I-III-IV-V featuring in Midnight Train To Georgia (written about the same time) and True Love Ways and Three Little Fishes (both written many years before), to name but three. " | Jun 14 00:20 |
| -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Doh” may be a female deer and “re” a drop of golden sun, but "me" harmony be the basis for copyright infringement? - The IPKat | Jun 14 00:20 | |
| schestowitz | http://ipkitten.blogspot.com/2020/06/breaking-cjeu-rules-that-functional.html?showComment=1591871174003#c8080766770988628899 | Jun 14 00:20 |
| schestowitz | "This judgment is deficient in that it avoids addressing the second condition "because the bicycle appears to be identifiable with sufficient precision and objectivity". This misunderstands what the second condition is. The second condition isn't that the object (the bicycle) should be identifiable with sufficient precision and objectivity, but that the subject matter should be. This means the creative subject matter which forms | Jun 14 00:20 |
| schestowitz | part of the bicycle should be dissociable (in the sense that you can identify it separately) from the non-creative subject matter. It's not sufficient that the bicycle simply exists! As later noted in para 32 of the judgment, it is for the national court to apply this criterion, and I hope they ignore the CJEU's dismissal of it and apply it properly." | Jun 14 00:20 |
| -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | BREAKING: CJEU rules that a functional shape may be protected by copyright in so far as it is original - The IPKat | Jun 14 00:20 | |
| schestowitz | > Writing a press release on this...CHEERS! Send me a link as I'm not on Twitter anymore (just shadow) | Jun 14 00:49 |
| schestowitz | > I notice this post: | Jun 14 00:55 |
| schestowitz | > http://techrights.org/2020/06/11/techrights-daily-links/ | Jun 14 00:55 |
| schestowitz | > | Jun 14 00:55 |
| schestowitz | > There aren't that high or even medium-yield tech-related sites to check. | Jun 14 00:55 |
| schestowitz | > There aren't even that many tech-related sites to check. Yes, there | Jun 14 00:55 |
| schestowitz | > are a handful of crap M$ infomercials like Ars, Wired, and PCWorld. NO, | Jun 14 00:55 |
| schestowitz | > there is not much else dedicated to ICT. Although while many of the | Jun 14 00:55 |
| schestowitz | > more mainstream sites cover more ICT than years past, they are all more | Jun 14 00:55 |
| -TechrightsBN/#boycottnovell-techrights.org | Daily Links Could Use Readers’ Help | Techrights | Jun 14 00:55 | |
| schestowitz | > or less clue-free in regards to policy and strategy issues. | Jun 14 00:55 |
| schestowitz | > | Jun 14 00:55 |
| schestowitz | > So while there are plenty of human-rights related articles around the | Jun 14 00:55 |
| schestowitz | > world, there are almost none except original content from TR any more. | Jun 14 00:55 |
| schestowitz | > Maybe that is something for an intern to cover. It'd be boring but it | Jun 14 00:55 |
| schestowitz | > would be feasible to do a quantitative study on how tech sites have | Jun 14 00:55 |
| schestowitz | > vanished from the net over the years TR has posted link summaries. Is | Jun 14 00:55 |
| schestowitz | > there an easy way to extract all the Daily Links posts in one go? | Jun 14 00:55 |
| schestowitz | Yes, there is. | Jun 14 00:55 |
| schestowitz | How are your SQL skills? What I have in mind is something like SELECT from wp_posts.... WHERE category=[whatever daily links is] and then dump the lot locally. IIRC, you already have a script for sorting by domain, then sort by frequency. | Jun 14 00:55 |
| schestowitz | Do you still have a recent DB and does your machine have mysql server installed? | Jun 14 00:55 |
| schestowitz | I think that the output of such a thing can inspire a bunch of articles, maybe I can add graphs with gnuplot. | Jun 14 00:55 |
| schestowitz | > brewster kahle was supposed to be the keynote speaker at libreplanet. | Jun 14 01:02 |
| schestowitz | > now hes promoting new drm on books-- how long has it been since | Jun 14 01:02 |
| schestowitz | > libreplanet-- 2 or 3 months? | Jun 14 01:02 |
| schestowitz | > | Jun 14 01:02 |
| schestowitz | > libreplanet-- drmplanet? | Jun 14 01:02 |
| schestowitz | > | Jun 14 01:02 |
| schestowitz | > i think the coup was successful. my opinion is that you should be the | Jun 14 01:02 |
| schestowitz | > real head of the gnu project-- instead, oliva is the head of the fsf | Jun 14 01:02 |
| schestowitz | > like the queen of england runs britain (not at all really-- just a | Jun 14 01:02 |
| schestowitz | > figurehead) and you seem to have no real authority over gnu anymore. | Jun 14 01:02 |
| schestowitz | > | Jun 14 01:02 |
| schestowitz | > i dont think this is going to change. the fsf promotes sponsors, more | Jun 14 01:03 |
| schestowitz | > than it promotes freedom. | Jun 14 01:03 |
| schestowitz | > | Jun 14 01:03 |
| schestowitz | > i still believe in software freedom (per the free software definition) | Jun 14 01:03 |
| schestowitz | > but i dont believe in the fsf. its gone. | Jun 14 01:03 |
| schestowitz | > | Jun 14 01:03 |
| schestowitz | > non-profit orgs dont turn around once theyve gone this way. take | Jun 14 01:03 |
| schestowitz | > "listener supported" npr-- its run by their biggest sponsor (the bill | Jun 14 01:03 |
| schestowitz | > and melinda gates foundation). | Jun 14 01:03 |
| schestowitz | > | Jun 14 01:03 |
| schestowitz | > they already took over gnu, and they defaced your website to make it | Jun 14 01:03 |
| schestowitz | > look like you endorsed them. theyre still trying to "vote" against you | Jun 14 01:03 |
| schestowitz | > running it. and 2/3 of the people supporting that, also support moving | Jun 14 01:03 |
| schestowitz | > to microsoft github. | Jun 14 01:03 |
| schestowitz | > | Jun 14 01:03 |
| schestowitz | > i cant, and wont, sign my name to any of this. i wont support a corrupt | Jun 14 01:03 |
| schestowitz | > fsf-- even if rms tells me to. | Jun 14 01:03 |
| schestowitz | > | Jun 14 01:03 |
| schestowitz | > you ought to start a grassroots free software movement. otherwise, there | Jun 14 01:03 |
| schestowitz | > wont be a free software movement. there will just be this corporate | Jun 14 01:03 |
| schestowitz | > mockery of one. | Jun 14 01:03 |
| schestowitz | > | Jun 14 01:03 |
| schestowitz | > i know we wont agree on that. but i wish you good luck regardless. that | Jun 14 01:03 |
| schestowitz | > is, assuming this email even finds you. i dont trust @gnu.org at this | Jun 14 01:03 |
| schestowitz | > point either. | Jun 14 01:03 |
| schestowitz | Based on the above text, it's reused from something you sent someone else, maybe RMS included. | Jun 14 01:03 |
| schestowitz | > i just send email to rms for the first time in ages, but i didnt get the | Jun 14 01:03 |
| schestowitz | > autoresponse. | Jun 14 01:03 |
| schestowitz | > | Jun 14 01:03 |
| schestowitz | > this is new-- its a first in literally years. | Jun 14 01:03 |
| schestowitz | > | Jun 14 01:03 |
| schestowitz | > it was not a reply to an existing conversation. it SHOULD trigger the | Jun 14 01:03 |
| schestowitz | > autoresponse. maybe its nothing, but its definitely new. | Jun 14 01:03 |
| schestowitz | If you send several messages days apart it won't send it again. I don't know the intervals. | Jun 14 01:03 |
| schestowitz | > wanna forward an email to rms for me? | Jun 14 01:03 |
| schestowitz | No. | Jun 14 01:03 |
| schestowitz | > sigh... | Jun 14 01:04 |
| schestowitz | > | Jun 14 01:04 |
| schestowitz | > stand down. the autoresponder finally responded. i know it isnt always | Jun 14 01:04 |
| schestowitz | > immediate, but i had already accounted for that. | Jun 14 01:04 |
| schestowitz | > | Jun 14 01:04 |
| schestowitz | > i dont think theres much point in emailing him at this point-- nothings | Jun 14 01:04 |
| schestowitz | > going to change. but its news if the autoresponder goes down. its not | Jun 14 01:04 |
| schestowitz | > quite a warrant canary, but its something. | Jun 14 01:04 |
| schestowitz | >> wanna forward an email to rms for me? | Jun 14 01:04 |
| schestowitz | > | Jun 14 01:04 |
| schestowitz | > i just sent it to you. dont click fwd, copy and paste it if you want to | Jun 14 01:04 |
| schestowitz | > help it go through. | Jun 14 01:04 |
| schestowitz | > | Jun 14 01:04 |
| schestowitz | > i smell something fishy. but its probably just fish. | Jun 14 01:04 |
| schestowitz | Daily Links perl part seems to be missing from today's batch. Maybe a bug in the software or no "merged"? | Jun 14 08:48 |
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| schestowitz | x https://developer-tech.com/news/2020/may/27/veracode-open-source-libraries-security-flaws-apps/ | Jun 14 10:34 |
| schestowitz | = | Jun 14 10:34 |
| -TechrightsBN/#boycottnovell-developer-tech.com | Veracode: Open-source libraries cause security flaws in 70% of apps | Jun 14 10:34 | |
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| schestowitz | " | Jun 14 15:21 |
| schestowitz | University of Nottingham has announced an online talk by Prof. Maurizio Borghi onthe topic of “User rights in copyright law – and why they really matter”. The talk will be held on June 17th at 4 pm (GMT). | Jun 14 15:21 |
| schestowitz | On June 18th, Cleveland Scott York will be conducting a webinar “Intellectual property in the fashion industry – how to build, use and defend a portfolio for growth”. The webinar will examine some of the brand challenges faced by the fashion sector. | Jun 14 15:21 |
| schestowitz | OxFirst is organising a webinar on June 23rd, to be delivered by Prof. Thomas Cotter. The topic of the webinar is “Damages for noneconomic harm in intellectual property law”. | Jun 14 15:21 |
| schestowitz | University College of London is conducting a 6-hour virtual course on “Drafting and negotiating IP terms in research contracts”, to be held in two separate instalments, on June 23rd and 24tth and on August 11th and 12th. | Jun 14 15:21 |
| schestowitz | On June 24th, the Chartered Institute of Patent Attorneys and Dr. Rhiannon Turner will be holding an online event to discuss the recent EPO EBA decision in G3/19 [the decision was covered by the IPKat here and here]. | Jun 14 15:21 |
| schestowitz | " | Jun 14 15:21 |
| schestowitz | http://ipkitten.blogspot.com/2020/06/sunday-surprises_14.html | Jun 14 15:21 |
| -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Sunday Surprises - The IPKat | Jun 14 15:22 | |
| schestowitz | " | Jun 14 15:23 |
| schestowitz | The SpicyIP is conducting the first edition of the Shamnad Basheer Essay Competition on Intellectual Property Law [see here for more on the late Professor Basheer]. The competition is open to students who are currently enrolled in an LL.B. or J.D. programme world-wide. Submissions on any IP-related topic and up to 5000 words, may be made until June 30. | Jun 14 15:23 |
| schestowitz | EUIPO is looking for IP pro bono providers to help SMEs in coping with the consequences of the COVID-19 crisis. The EUIPO COVID-19 pro bono hub assists SMEs in finding a free-of-charge provider of intellectual property legal representation and advice. | Jun 14 15:23 |
| schestowitz | " | Jun 14 15:23 |
| schestowitz | https://www.twincities.com/2020/06/10/letters-progressives-have-controlled-minneapolis-for-40-years-hold-them-accountable/ | Jun 14 15:41 |
| schestowitz | " | Jun 14 15:41 |
| schestowitz | Minneapolis has been controlled entirely by liberal progressives for 40 years, yet inequality and racism have not been reduced and the small number of bad police officers are not dealt with. The Minneapolis school system graduation rates for minorities is among the worst in the nation while funding is at record levels. Gov. Walz’s response to the pandemic has resulted in Minnesota leading the nation with nursing home deaths | Jun 14 15:41 |
| schestowitz | accounting for over 80 percent of total COVID-19 deaths in the state. The restaurant and personal care businesses and much of our medical system have been devastated by Gov. Walz’s emergency orders forcing closures and placing restrictions on elective medical procedures. It is clear the governor’s response to the rioting was late, ineffectual and led to needless injury and property destruction. | Jun 14 15:41 |
| -TechrightsBN/#boycottnovell-www.twincities.com | Letters: Progressives have controlled Minneapolis for 40 years. Hold them accountable – Twin Cities | Jun 14 15:41 | |
| schestowitz | If the liberal progressives actually wanted to or had real answers to eliminating inequality and racism, or to keep us safe, they would have done it. Liberal progressives have one “solution” for every issue: grow government and expand their personal power over others. They try to benefit politically from inequality, racism and fear. Turn down the volume on their happy talk promising nirvana and hold them accountable for what | Jun 14 15:41 |
| schestowitz | they have actually done. They have failed us and have nothing to offer but talk. Don’t reward them with your votes. | Jun 14 15:41 |
| schestowitz | " | Jun 14 15:41 |
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| schestowitz | https://twitter.com/Flavia0847/status/1272181178196357121 | Jun 14 23:15 |
| -TechrightsBN/#boycottnovell-@Flavia0847: I'll bet there are a large number of people who haven't read Steven King. https://t.co/hGvs4z8kWm | Jun 14 23:15 | |
| -TechrightsBN/#boycottnovell-@schestowitz: Bloody hell! This headline is everywhere: "Elijah Wood has never read Stephen King" So for every book/author someon… https://t.co/B4PHdApfhF | Jun 14 23:15 | |
| schestowitz | https://twitter.com/hishnash/status/1272086602085326849 | Jun 14 23:15 |
| -TechrightsBN/#boycottnovell-@hishnash: @schestowitz The fact is it being ARM has nothing to do with it being good. what will make it good it the ridiculou… https://t.co/FvOMVmr53l | Jun 14 23:15 | |
| -TechrightsBN/#boycottnovell-@hishnash: @schestowitz The fact is it being ARM has nothing to do with it being good. what will make it good it the ridiculou… https://t.co/FvOMVmr53l | Jun 14 23:15 | |
| schestowitz | "The fact is it being ARM has nothing to do with it being good. what will make it good it the ridiculous amounts of R&D spend that apple is putting into it." | Jun 14 23:15 |
| schestowitz | https://twitter.com/dewy1tree/status/1272070696500203520 | Jun 14 23:15 |
| -TechrightsBN/#boycottnovell-@dewy1tree: Interesting! https://t.co/8DGqpSva6l | Jun 14 23:15 | |
| -TechrightsBN/#boycottnovell-@schestowitz: I'll soon be a week since going W-O in #twitter (checking only replies; only once a day); the decision is unregrett… https://t.co/i7EziTV0Kx | Jun 14 23:15 | |
| schestowitz | https://twitter.com/realDonaldPP/status/1271993405422305280 | Jun 14 23:15 |
| -TechrightsBN/#boycottnovell-@realDonaldPP: @schestowitz #MAGA? #DonaldTrumpIsRuiningOurCountry! | Jun 14 23:15 | |
| schestowitz | https://twitter.com/ra_na_fiz81/status/1271965119157874688 | Jun 14 23:16 |
| -TechrightsBN/#boycottnovell-@ra_na_fiz81: @schestowitz You are correct. | Jun 14 23:16 | |
| schestowitz | https://twitter.com/Guenter__/status/1271960271691579392 | Jun 14 23:16 |
| -TechrightsBN/#boycottnovell-@Guenter__: @schestowitz #cleansing | Jun 14 23:16 | |
| schestowitz | https://twitter.com/WillowWyse/status/1271953335118151682 | Jun 14 23:16 |
| -TechrightsBN/#boycottnovell-@WillowWyse: @schestowitz RSS? | Jun 14 23:16 | |
| schestowitz | https://twitter.com/MoreSocialism/status/1271949728633294853 | Jun 14 23:16 |
| -TechrightsBN/#boycottnovell-@MoreSocialism: @schestowitz You get a lot of news by being on left Twitter. | Jun 14 23:16 | |
| schestowitz | https://twitter.com/WulfKhan/status/1271946274799902720 | Jun 14 23:16 |
| -TechrightsBN/#boycottnovell-@WulfKhan: @schestowitz Really?! He was forgiven for his Microsoft shenanigans by one of the angriest geeks on the planet. Me.… https://t.co/dVULX2bX7a | Jun 14 23:16 | |
| -TechrightsBN/#boycottnovell-@WulfKhan: @schestowitz Really?! He was forgiven for his Microsoft shenanigans by one of the angriest geeks on the planet. Me.… https://t.co/dVULX2bX7a | Jun 14 23:16 | |
| schestowitz | " | Jun 14 23:17 |
| schestowitz | Really?! | Jun 14 23:17 |
| schestowitz | He was forgiven for his Microsoft shenanigans by one of the angriest geeks on the planet. | Jun 14 23:17 |
| schestowitz | Me. | Jun 14 23:17 |
| schestowitz | Oh...you mean the "evil", India, "vaccine" conspiracy? | Jun 14 23:17 |
| schestowitz | Carry on. | Jun 14 23:17 |
| schestowitz | " | Jun 14 23:17 |
| schestowitz | https://twitter.com/gillesMioni/status/1271945721130909697 | Jun 14 23:17 |
| -TechrightsBN/#boycottnovell-@gillesMioni: @schestowitz But sex a fact, race a forgery! Racism & xenophobia the hateful madness which target any foreigner who… https://t.co/Jdwv6UZjtI | Jun 14 23:17 | |
| -TechrightsBN/#boycottnovell-@gillesMioni: @schestowitz But sex a fact, race a forgery! Racism & xenophobia the hateful madness which target any foreigner who… https://t.co/Jdwv6UZjtI | Jun 14 23:17 | |
| schestowitz | " | Jun 14 23:17 |
| schestowitz | But sex a fact, race a forgery! | Jun 14 23:17 |
| schestowitz | Racism & xenophobia the hateful madness which target any foreigner who is seen inescapably to be so disturbing. | Jun 14 23:17 |
| schestowitz | I'm just a minority person. | Jun 14 23:17 |
| schestowitz | " | Jun 14 23:17 |
| schestowitz | https://twitter.com/Emilinehope/status/1271938735895203841 | Jun 14 23:17 |
| -TechrightsBN/#boycottnovell-@Emilinehope: @schestowitz trump and Putin’s White House, next the orange one will be wanting to paint it red... | Jun 14 23:17 | |
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