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| schestowitz__ | https://twitter.com/SqueriDoris/status/1393273573561667588 | May 15 00:53 |
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| -TechrightsBN/#boycottnovell-@SqueriDoris: @schestowitz They already have. | May 15 00:53 | |
| schestowitz__ | https://twitter.com/SoulHomeStudio/status/1393253533617696783 | May 15 00:53 |
| -TechrightsBN/#boycottnovell-@SoulHomeStudio: @schestowitz Talk about stretching for an analogy! 🤣 | May 15 00:53 | |
| schestowitz__ | http://patentblog.kluweriplaw.com/2021/05/11/a-few-more-thoughts-on-normality/ | May 15 02:24 |
| -TechrightsBN/#boycottnovell-patentblog.kluweriplaw.com | A Few More Thoughts on Normality - Kluwer Patent Blog | May 15 02:24 | |
| schestowitz__ | " | May 15 02:24 |
| schestowitz__ | MAY 11, 2021 AT 4:20 PM | May 15 02:24 |
| schestowitz__ | Thanks Thorsten for once again putting the finger where it hurts. | May 15 02:24 |
| schestowitz__ | OP by ViCo are not under dispute as such. What is not acceptable is that they are summoned without the consent of the parties and that it should stay like this after the pandemic. And that in fine the BA are de-localised contrary to what was said in G 2/19, cf. the last § before the order. | May 15 02:24 |
| schestowitz__ | The whole attitude of the chair of the BA in G 1/21 is unnecessarily provocative. | May 15 02:24 |
| schestowitz__ | For a start, Art 15a has been introduced and came into force in order to give a legal basis to a practice which was manifestly lacking one. See Point 20 of the document BOAC/16/20 presented by the chair of the BA: “Article 15a RPBA clarifies the practice of the Boards of Appeal since May 2020 of conducting oral proceedings by videoconference. Therefore, the Boards of Appeal may adapt their practice before the date of entry into | May 15 02:24 |
| schestowitz__ | force…….” | May 15 02:24 |
| schestowitz__ | Then by rushing the OP on case G 1/21 by barely respecting the two months’ notice and summoning to OP by ViCo without the consent of the parties, all in the absence of a corresponding legal basis in the RPEBA, the chair of the BA showed again its disdain for legal mechanisms he should the first be in charge of requiring their respect. | May 15 02:24 |
| schestowitz__ | One aspect at stake here is the concept of party disposition, and it is highly surprising that a former national judge has simply thrown this concept over board. For the chair of a board it is a bit much! Sorry for the pun. | May 15 02:24 |
| schestowitz__ | One wonders why the chair of the BA behaves as he does. By behaving as he does chair of the BA gives full support to the adventures the present president of the EPO wants to introduce at the EPO. | May 15 02:24 |
| schestowitz__ | The present president of the EPO wants to impose OP by ViCo and de-localise the staff to wherever they want to be, so that he can save on salaries and buildings. He actually wants an EPO 2.0. | May 15 02:24 |
| schestowitz__ | Deciding bodies of the EPO, be it divisions or the BA can be scattered all around the contracting states and even further away. Without the active support of the BA he is well aware that those ideas cannot be implemented as they are not possible under the EPC as it stands. One can turn the EPC around, but neither Art 6 or 7, Art 10(2,a) which goes on a par with Art 10(2,b) nor Art 116 support the fantasy of the present president | May 15 02:24 |
| schestowitz__ | of the EPO helped by some members of the BA. | May 15 02:24 |
| schestowitz__ | It is only possible if the EBA delivers him a “dynamic interpretation” of the EPC as it was the case in G 3/19 He will then be the king of Eponia like his predecessor. | May 15 02:24 |
| schestowitz__ | Being re-appointed after 5 years needs to show a given performance. The criteria for re-appointment are not known, but I suspect that an excellent flexibility of the spine is an asset. It is tragic to see that the management of the BA follows the same line with 5 years contracts for examiners. | May 15 02:24 |
| schestowitz__ | It was actually the fact that members of the BA were only appointed for 5 years which led to the application of the same rule first to principal directors, than to directors and now to newly recruited examiners. When the rule was introduced for PDs, no member of the BA had never been re-appointed. This was not to the liking of “Napoleon 4th” which pushed the BA to adopt R 12a-d. | May 15 02:24 |
| schestowitz__ | As far as Mr Michel and Mr Minnoye are concerned, I personally think that they have missed an opportunity to keep quiet. I think that someone else, I dare say someone more competent, held the hands of the two VPs. | May 15 02:24 |
| schestowitz__ | I do not say that BEST is bad, but it was introduced to cover up the pharaonic IT expenses of Mr Michel. The statistics that were supposed to show to the AC the production gain achievable with BEST were, let’s say, improved, because the raw data were far from the huge gains announced. The examiners had to pay the bill, because they had to show, willingly or not, that the hypothetical gains announced to the AC were achieved. And | May 15 02:24 |
| schestowitz__ | there Willy Minnoye was in the game, first as IT manager (PD) and then later as VP. | May 15 02:25 |
| schestowitz__ | Mr Minnoye now claims that the law should be respected, but at the height of the dispute between staff and management, when a Dutch court ruled that staff rights had to be respected, he claimed publicly on Dutch TV that the EPO will never abide by such a decision. EPO enjoys immunity (but not impunity). Thanks for him, a higher Dutch court ruled that everything is honky dory at the EPO. | May 15 02:25 |
| schestowitz__ | Both have a lot to apologise for, but the document also shows that ingrained hatreds can lead people to take positions that are surprising, to say the least. Strictly speaking, however, they are on the right side. | May 15 02:25 |
| schestowitz__ | What the current President wants is an EPO 2.0, but without wanting to use the necessary means. If he wants an EPO 2.0, why not, but then there are mechanisms to be followed. | May 15 02:25 |
| schestowitz__ | To start with, is to convene a conference of ministers of the Contracting States responsible for patent matters, cf. Art 4a. This conference could be the beginning of a further revision of the EPC. After the Diplomatic Conference of 2000 there was a second basket to be looked at. It also concerned substantive patent law. | May 15 02:25 |
| schestowitz__ | If at the end of the revision, the national parliaments ratify the amended EPC and create an EPO 2.0 according to the wishes of a president, which is actually just passing by, then the correct mechanisms will have been applied. | May 15 02:25 |
| schestowitz__ | What is not acceptable is the underhand creation of an EPO 2.0 with the help of the BA. | May 15 02:25 |
| schestowitz__ | REPLY | May 15 02:25 |
| schestowitz__ | One of those... | May 15 02:25 |
| schestowitz__ | MAY 13, 2021 AT 9:57 AM | May 15 02:25 |
| schestowitz__ | I wonder what if pending complaints before the German BVerG will point to this case. | May 15 02:25 |
| schestowitz__ | They already complain about a lack of independency, and this case shows that all the reforms of DG3 were never about “independency” of the “courts” and “judges”, but really only about “perception” thereof. | May 15 02:25 |
| schestowitz__ | REPLY | May 15 02:25 |
| schestowitz__ | MaxDrei | May 15 02:25 |
| schestowitz__ | MAY 12, 2021 AT 11:27 AM | May 15 02:25 |
| schestowitz__ | Thanks, Thorsten, for pulling the threads together. I’m asking myself, how can anybody who considers themselves to be a lawyer, an officer of the court and a guardian of the precious “Rule of Law” acquiesce in this shameful trashing and betrayal of what we all thought were fundamentals of the signature “separation of powers” which distinguishes a democracy from an autocracy or totalitarian State. I guess that for them | May 15 02:25 |
| schestowitz__ | there is no worry about any of this being “the thin end of the wedge” because business at the EPO is qualitatively different from justice at a court of law (and so remains untouched by any pious whingeing about a breakdown in the Rule of Law). | May 15 02:25 |
| schestowitz__ | The USPTO just issued its eleven millionth patent, its eleven millionth restraint of trade. Business at the EPO is confined to deciding whether to allow or cancel just another such restraint of trade, one of millions of the things. Many would see that as a mere administrative act, as opposed to anything to do with “justice”, the “Rule of Law” or the vital separation of powers. If one European patent or application goes | May 15 02:25 |
| schestowitz__ | down after a TBA ViCo, which might have survived had the patent owner been given in full their “right to be heard”, then so what? We are not talking here of any denial of universal human rights, are we? | May 15 02:25 |
| schestowitz__ | If its perpetrators do not see it as the thin end of the wedge, perhaps that it is because their mission, of which this is a part, is to strip the EPO of any judicial function whatsoever. We European patent attorneys care about that, but does anybody else? | May 15 02:25 |
| schestowitz__ | It matters, what lead the USA gives. That has suddenly changed. Until this year, the USA was hell-bent on trashing anything supra-national and multi-lateral, imposing in its place exclusively bilateral understandings. But under the lead of its new President, the USA has changed its lead, and that makes a big difference. Those here in Europe still seeking to blow away the EPO’s supra-national judicial function might indeed be | May 15 02:25 |
| schestowitz__ | yesterday’s men, but unfortunately they continue to sit in positions of power where they can continue to do great damage. | May 15 02:25 |
| schestowitz__ | REPLY | May 15 02:25 |
| schestowitz__ | Concerned observer | May 15 02:25 |
| schestowitz__ | MAY 12, 2021 AT 1:19 PM | May 15 02:25 |
| schestowitz__ | With just over two weeks to go before the oral proceedings in G 1/21, it is somewhat surprising to note the complete absence in the public record of any indications that the EBA has, or will soon be, initiating proceedings under Art 24(4) EPC. | May 15 02:25 |
| schestowitz__ | Indeed, this is quite astounding for a number of reasons. | May 15 02:25 |
| schestowitz__ | Firstly, a party to the proceedings has (more than two weeks ago) raised formal objections under Art 24(3) EPC. This means that, under Art 24(4) EPC, the EBA has no option but to take a decision on the objections without the participation of the members concerned. Such an important decision cannot be taken lightly, or without seeking comments from the members concerned. Sorting all of this out takes time … which, if oral | May 15 02:25 |
| schestowitz__ | proceedings are to go ahead as planned, is now running very short. | May 15 02:25 |
| schestowitz__ | Secondly, it is difficult (though sadly not impossible) to conceive that the EBA will concoct a reason to dismiss the objections against its current Chairman. Thus, a change in the composition of the EBA is likely and needs to be announced to the parties in advance of the oral proceedings. | May 15 02:25 |
| schestowitz__ | Thirdly, objections to members of the EBA were first formally raised in an amicus filed (by epi) precisely a month ago today. The EBA has therefore had plenty of time to consider how it should go about dealing with the points raised in that amicus brief. | May 15 02:25 |
| schestowitz__ | Lastly, it is possible that wheels are in motion behind the scenes, and that a decision on objections to certain members will issue very soon. However, if the first that the public learns of the EBA’s deliberation on the objections is their final decision, then, unless the slate is wiped clean (i.e. if all decisions taken by the current Chair are rescinded and proceedings in G 1/21 are re-started with a new composition of the | May 15 02:25 |
| schestowitz__ | EBA determined by a new Chair), this would hardly be the kind of transparency that would help to ensure that justice is seen to be done … especially when there are so many objectively well-founded reasons to doubt the independence and impartiality of the EBA in its current composition. | May 15 02:25 |
| schestowitz__ | REPLY | May 15 02:25 |
| schestowitz__ | LightBlue | May 15 02:25 |
| schestowitz__ | MAY 13, 2021 AT 8:58 AM | May 15 02:25 |
| schestowitz__ | If any members of the EBA are going to consider the objection of partiality, I would expect that the external members would be the most likely candidates to do so. The question then arises as to what information is being disseminated to them. Are the formalities officers being kept on a short leash and only forwarding submissions which do not raise this issue? | May 15 02:25 |
| schestowitz__ | " | May 15 02:25 |
| schestowitz__ | https://stallmansupport.org/debunking-false-accusations-against-richard-stallman.html#running-jokes | May 15 03:55 |
| -TechrightsBN/#boycottnovell-stallmansupport.org | In Support of Richard Stallman - Debunking False Accusation Against Richard Stallman | May 15 03:55 | |
| schestowitz__ | " | May 15 03:55 |
| schestowitz__ | I recall being told early in my freshman year “If RMS hits on you, just say ‘I’m a vi user’” even if it’s not true. | May 15 03:55 |
| schestowitz__ | That sounds much as part of a series of running jokes at MIT to mock Stallman for his unpopularity among women. Such jocular remarks included things like: | May 15 03:55 |
| schestowitz__ | Tell him you are a vi user. | May 15 03:55 |
| schestowitz__ | Put plants in your office to keep him away (it's known that RMS doesn't like plants around him.) | May 15 03:55 |
| schestowitz__ | Don't ride in the elevator with him. | May 15 03:55 |
| schestowitz__ | And probably others that we don't know. Stallman was unpopular not because he was some sort of a monster harassing women, but because he was seen as unattractive, clueless, and bizarre. | May 15 03:55 |
| schestowitz__ | Update April 11, 2021: A reader who wishes to remain anonymous tells us that he saw back in the days at MIT how people—both women and men—would avoid Stallman because they were annoyed by his constant preaching about free software. | May 15 03:55 |
| schestowitz__ | We came across an example of this. A woman tweeted that Stallman gave her a “stuffed animal” while riding the elevator with him (it was probably a gnu, to tell her about GNU and free software.) But it sounds like she did not appreciate the gift. Here's the tweet[5]: | May 15 03:55 |
| schestowitz__ | A photo of Renata Avila | May 15 03:55 |
| schestowitz__ | That was posted on September 13, 2019, three days before Stallman's resignation. In those days, people were spreading misinformation and desperately trying to find “evidence” of his alleged misbehavior. Did the woman who received the unwanted gift hope her testimony would count as “evidence”? The intention is not clear, but her tweet was a reply to someone who was accusing Stallman of defending rape while backing the claim | May 15 03:55 |
| schestowitz__ | with a picture of the sign on the door. | May 15 03:55 |
| schestowitz__ | The tweet does sound somewhat scornful, and it seems it was meant to add something against Stallman. But at least the poster was honest enough not to equate the incident with “sexual harassment,” which would have been easy in the absence of witnesses inside the elevator. #running-jokes | May 15 03:55 |
| schestowitz__ | " | May 15 03:55 |
| Techrights-sec | https://nitter.cc/fcassia/status/1393407134310797313#m | May 15 04:33 |
| -TechrightsBN/#boycottnovell-nitter.cc | Fernando Cassia 💚🧡 (@fcassia): "Gmail Labs' "save (GMail) thread to Google docs" was superb, yet it was killed overnight. Must have been someones' promotion package. https://mtlynch.io/why-i-quit-google/" | nitter | May 15 04:33 | |
| Techrights-sec | https://nitter.cc/fcassia/status/1393397841259794432#m | May 15 04:33 |
| -TechrightsBN/#boycottnovell-nitter.cc | Fernando Cassia 💚🧡 (@fcassia): "También explica esa lógica interna aberraciones cómo el #NewCompose de #GMail. O por que tantos features (GMail labs) desaparecen de un día para otro sin explicacion convincente." | nitter | May 15 04:33 | |
| Techrights-sec | https://nitter.cc/marcan42/status/1393460811847278593#m | May 15 08:53 |
| -TechrightsBN/#boycottnovell-nitter.cc | Hector Martin (@marcan42): "I don't know what's going on with freenode, but whatever is going on is... definitely not healthy. https://news.ycombinator.com/item?id=27153338 http://techrights.org/2021/05/14/how-freenode-works/" | nitter | May 15 08:53 | |
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| Techrights-sec | https://nitter.cc/DaveAirlie/status/1393494822137204737#m | May 15 10:28 |
| -TechrightsBN/#boycottnovell-nitter.cc | David Airlie (@DaveAirlie): "It's a techrights article, so take it with a lake of salt" | nitter | May 15 10:28 | |
| Techrights-sec | https://nitter.cc/marcan42/status/1393461819138744320#m | May 15 10:29 |
| -TechrightsBN/#boycottnovell-nitter.cc | Hector Martin (@marcan42): "But really, even just the *tone* of that chat... I'm not sure I want these people running the major FOSS-adjacent IRC network. :/" | nitter | May 15 10:29 | |
| Techrights-sec | https://nitter.cc/ariadneconill/status/1393462637103620098#m | May 15 10:29 |
| -TechrightsBN/#boycottnovell-nitter.cc | Ariadne Conill (@ariadneconill): "oh, the point i was making with that mention is that these people are having a [whatever this is] when the real point all of this is about is FOSS. or in other words, freenode as the network of FOSS, is bigger than one person." | nitter | May 15 10:29 | |
| Techrights-sec | https://nitter.cc/marcan42/status/1393463601206226944#m | May 15 10:30 |
| -TechrightsBN/#boycottnovell-nitter.cc | Hector Martin (@marcan42): "Aaand I just made the connection between your IRC nickname and your Twitter account. But yes, I agree. Freenode should be run with open governance, while right now it just looks like a giant dick-waving contest." | nitter | May 15 10:30 | |
| Techrights-sec | https://nitter.cc/ariadneconill/status/1393467822509072386#m | May 15 10:31 |
| -TechrightsBN/#boycottnovell-nitter.cc | Ariadne Conill (@ariadneconill): "at any rate, i felt it quite alarming that the answer to asking legitimate questions of freenode's domain owner was offers of financial donations to alpine and IRCop privileges. to me that seems like there are no real answers to the questions i asked." | nitter | May 15 10:31 | |
| Techrights-sec | https://nitter.cc/marcan42/status/1393468542150791169#m | May 15 10:31 |
| -TechrightsBN/#boycottnovell-nitter.cc | Hector Martin (@marcan42): "Yes, "do you want ops?" is not how you get people on your side in any kind of healthy discussion. That just speak of low moral integrity and begs the question of who was bribed that way and accepted it." | nitter | May 15 10:31 | |
| Techrights-sec | https://nitter.cc/ariadneconill/status/1393468884838195204#m | May 15 10:31 |
| -TechrightsBN/#boycottnovell-nitter.cc | Ariadne Conill (@ariadneconill): "heh, the other reason i published the logs is because i have heard that they tend to publish edited logs which do not paint the people who refuse to cooperate in a positive light. so it was also a kind of "cover my own ass" move :)" | nitter | May 15 10:31 | |
| Techrights-sec | https://nitter.cc/sirocyl/status/1393480235513962500#m | May 15 10:32 |
| -TechrightsBN/#boycottnovell-nitter.cc | sirocyl (@sirocyl): "It's not just the "you want ops?? how about money???" that set me ill with that, but also the whole attempt at prying into your personal life. The "shit you're on there too?" bit gave me the Bad Chills. 🤢" | nitter | May 15 10:32 | |
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| schestowitz__ | x https://broadbandbreakfast.com/2021/05/facebook-and-utah-valley-university-fund-tech-training-program-for-utah-elementary-schools/ | May 15 11:36 |
| -TechrightsBN/#boycottnovell-broadbandbreakfast.com | Facebook and Utah Valley University Fund Tech Training Program for Utah Elementary Schools : Broadband Breakfast | May 15 11:36 | |
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| Techrights-sec | https://nitter.cc/refi_64/status/1393581385152180228#m | May 15 16:43 |
| -TechrightsBN/#boycottnovell-nitter.cc | re:fi.64 (@refi_64): "One thing worth noting (you probably know this but for anyone else reading the link), techrights has a tendency to massively exaggerate claims and use sketch sources, so any conclusions they draw *outside* of the IRC logs should be taken with a grain of salt" | nitter | May 15 16:43 | |
| Techrights-sec | https://news.ycombinator.com/item?id=27153338\: | May 15 16:49 |
| -TechrightsBN/#boycottnovell-news.ycombinator.com | NO TITLE | May 15 16:49 | |
| Techrights-sec | " | May 15 16:49 |
| Techrights-sec | The current staff is very different. Christel is apparently gone. Only kloeri remains. | May 15 16:49 |
| Techrights-sec | https://freenode.net/people | May 15 16:49 |
| Techrights-sec | Edit: Also compare to the staff listed in this deleted freenode blog linked by @gwd below. | May 15 16:49 |
| Techrights-sec | https://web.archive.org/web/20210423231439/https://freenode.... | May 15 16:49 |
| -TechrightsBN/#boycottnovell-freenode.net | The People - freenode | May 15 16:49 | |
| Techrights-sec | Edit 2: Who is OFTC and how do they fit in?" | May 15 16:49 |
| -TechrightsBN/#boycottnovell- ( status 404 @ https://web.archive.org/web/20210423231439/https://freenode ) | May 15 16:49 | |
| Techrights-sec | https://news.ycombinator.com/item?id=27153338 | May 15 16:49 |
| -TechrightsBN/#boycottnovell-news.ycombinator.com | I am resigning along with most other Freenode staff | Hacker News | May 15 16:49 | |
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| schestowitz__ | https://twitter.com/stautistic/status/1393640418890313728 | May 15 21:47 |
| -TechrightsBN/#boycottnovell-@stautistic: Hell of a documentary. https://t.co/Px6T3uqtZg | May 15 21:47 | |
| -TechrightsBN/#boycottnovell-@schestowitz: "he opening scene of the film sets the tone with a long-shot of an isolated fishing trawler at sea as the voice-ove… https://t.co/Qn0dMcHg5C | May 15 21:47 | |
| schestowitz__ | https://twitter.com/jnvrro/status/1393382777698009090 | May 15 21:48 |
| -TechrightsBN/#boycottnovell-@jnvrro: @fcassia @schestowitz @njrabit @lproven muy bueno la comparacion con las apps de chat... | May 15 21:48 | |
| schestowitz__ | https://twitter.com/fcassia/status/1393373351196954625 | May 15 21:48 |
| -TechrightsBN/#boycottnovell-@fcassia: Everything that is #wrong with #Google 's corporate culture and its software mess condensed in a single Reddit post… https://t.co/AM9YVos9ME | May 15 21:48 | |
| -TechrightsBN/#boycottnovell-@fcassia: Everything that is #wrong with #Google 's corporate culture and its software mess condensed in a single Reddit post… https://t.co/AM9YVos9ME | May 15 21:48 | |
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