Join us now at the IRC channel.
| schestowitz | https://twitter.com/bap47/status/1327971026064576515 | Nov 16 01:02 |
|---|---|---|
| -TechrightsBN/#boycottnovell-@bap47: Really encouraging to read this. #environment https://t.co/sMEnJWb2fM | Nov 16 01:02 | |
| -TechrightsBN/#boycottnovell-@schestowitz: ● NEWS ● #TruthOut ☞ To Protect the Great Lakes, #Michigan Governor Moves to Shut Down Pipeline https://t.co/jdtg65Fcgh | Nov 16 01:02 | |
| schestowitz | https://twitter.com/0xFreak71/status/1327961780728029184 | Nov 16 01:02 |
| -TechrightsBN/#boycottnovell-@0xFreak71: @schestowitz The question is: why to use ftp when I can use easily sftp ? | Nov 16 01:02 | |
| schestowitz | https://pleroma.site/notice/A1DgEITk81mrKo60UC | Nov 16 01:04 |
| schestowitz | "maybe if you are not subscribed to a mailing list, your message need to be moderated, as it is in almost every mailing list. Why thinking to censorship? If it was censorship the message would never have reached the mailing list." | Nov 16 01:04 |
| -TechrightsBN/#boycottnovell-social.linux.pizza | alciregi :fedora:: "@schestowitz@pleroma.site maybe if you are not su…" - Linux.Pizza | Nov 16 01:04 | |
| schestowitz | https://pleroma.site/notice/A1EIMcJa3hgNQijkA4 | Nov 16 01:05 |
| schestowitz | " | Nov 16 01:05 |
| -TechrightsBN/#boycottnovell- ( status 404 @ https://activism.openworlds.info/@dsfgs/105215583534657141 ) | Nov 16 01:05 | |
| schestowitz | Did you see the #IBM #competition going around. Don't quote us but quietly, they want people to design a #cloudservices #gui on freelance website to win $20,000. Two runners up would get $2000 or thereabouts. | Nov 16 01:05 |
| schestowitz | We threw up in our mouth when we saw it. | Nov 16 01:05 |
| schestowitz | " | Nov 16 01:05 |
| schestowitz | >> There's very little there at the moment and the host will mostly be an | Nov 16 01:09 |
| schestowitz | >> access point for VMs or containers. Not sure yet which one... if we're | Nov 16 01:09 |
| schestowitz | >> in a rush, we'll just move over the VMs as they are... but would be nice | Nov 16 01:09 |
| schestowitz | >> to rebuild properly. | Nov 16 01:09 |
| schestowitz | >> | Nov 16 01:09 |
| schestowitz | >> | Nov 16 01:09 |
| schestowitz | >> | Nov 16 01:09 |
| schestowitz | > Ok. I've fumbled around a bit and am in. Looking around a bit, the | Nov 16 01:09 |
| schestowitz | > very idea behind containers seems at first glance to appear clumsy and | Nov 16 01:09 |
| schestowitz | > dangerous. FreeBSD jails would be a safer way to compartmentalize but | Nov 16 01:09 |
| schestowitz | > it would mean switching OS. For the database container, that would not | Nov 16 01:09 |
| schestowitz | > be a big deal though. For other parts it would be more work. | Nov 16 01:09 |
| schestowitz | containers leave around lots of duplicate files | Nov 16 01:09 |
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| schestowitz | > | Nov 16 07:57 |
| schestowitz | > Humanity is saved, at last! | Nov 16 07:57 |
| schestowitz | > | Nov 16 07:57 |
| schestowitz | > | Nov 16 07:57 |
| schestowitz | > mount it on a drone, and maybe you can make people "hear voices" | Nov 16 07:57 |
| schestowitz | >> I don't know what you are trying to say, but it sounds incoherent. | Nov 16 07:58 |
| schestowitz | > | Nov 16 07:58 |
| schestowitz | > translation: I am ignoring what you said, and asking you to present a | Nov 16 07:58 |
| schestowitz | > version that drops the key points of your argument, at which point I | Nov 16 07:58 |
| schestowitz | > will understand. | Nov 16 07:58 |
| schestowitz | > | Nov 16 07:58 |
| schestowitz | >> #rustlang is opensource and free, and have nothing to do with | Nov 16 07:58 |
| schestowitz | > Microsoft, (and rust is cleaning up much of the mess left behind by C++.) | Nov 16 07:58 |
| schestowitz | > | Nov 16 07:58 |
| schestowitz | > translation: Although I supposedly didn't understand your point, I am | Nov 16 07:58 |
| schestowitz | > directly contradicting both facts and your point (purely by coincidence) | Nov 16 07:58 |
| schestowitz | > to reinforce the fact that your point is wrong. | Nov 16 07:58 |
| schestowitz | > mjg59 This is the fundamental problem of a huge amount of free software | Nov 16 07:58 |
| schestowitz | > advocacy | Nov 16 07:58 |
| schestowitz | > | Nov 16 07:58 |
| schestowitz | > mjg59 It's from a position of not understanding what people actually want | Nov 16 07:58 |
| schestowitz | > | Nov 16 07:58 |
| schestowitz | > mjg59 We don't win by telling people that they're wrong to want what | Nov 16 07:58 |
| schestowitz | > they have | Nov 16 07:58 |
| schestowitz | > | Nov 16 07:58 |
| schestowitz | > mjg59 We win by providing something that's more appealing | Nov 16 07:58 |
| schestowitz | > | Nov 16 07:58 |
| schestowitz | > | Nov 16 07:58 |
| schestowitz | > | Nov 16 07:58 |
| schestowitz | > He just described Open Source, which is the idea that you don't tell | Nov 16 07:58 |
| schestowitz | > people to strive for freedom (which isn't always more appealing, because | Nov 16 07:58 |
| schestowitz | > there is work involved) but you "compete" with things like Windows by | Nov 16 07:58 |
| schestowitz | > being more "attractive"-- | Nov 16 07:58 |
| schestowitz | > | Nov 16 07:58 |
| schestowitz | > And then after you've (COLLECTIVELY) sold out to corporations and taken | Nov 16 07:58 |
| schestowitz | > bribes, you blame the people who are more honest for their inferior | Nov 16 07:58 |
| schestowitz | > advocacy. THAT'S what's "wrong" with a huge amount of free software | Nov 16 07:59 |
| schestowitz | > advocacy-- it talks about freedom, not shiny widgets. You just | Nov 16 07:59 |
| schestowitz | > summarised the Open Source swindle. But it's NOT "advocacy" at all. It's | Nov 16 07:59 |
| schestowitz | > marketing-- and bullshit. | Nov 16 07:59 |
| schestowitz | >> Look when you start comparing FUCKING SOFTWARE to PEOPLE BEING ABLE TO | Nov 16 07:59 |
| schestowitz | > ENGAGE IN THEIR BASIC CIVIL LIBERTIES you are not making a strong argument | Nov 16 07:59 |
| schestowitz | > | Nov 16 07:59 |
| schestowitz | > Right to privacy | Nov 16 07:59 |
| schestowitz | > | Nov 16 07:59 |
| schestowitz | > Right to read | Nov 16 07:59 |
| schestowitz | > | Nov 16 07:59 |
| schestowitz | > Right to repair | Nov 16 07:59 |
| schestowitz | > | Nov 16 07:59 |
| schestowitz | > Right to control (and use) your own property | Nov 16 07:59 |
| schestowitz | > | Nov 16 07:59 |
| schestowitz | > Was he taken to an Open Source re-education centre and fed old lines | Nov 16 07:59 |
| schestowitz | > from 2002, or what? | Nov 16 07:59 |
| schestowitz | > | Nov 16 07:59 |
| schestowitz | > It's sad to see how he's just trolling at this point. No, really, he's | Nov 16 07:59 |
| schestowitz | > just being a troll. | Nov 16 07:59 |
| schestowitz | > On Sunday, November 15, 2020 5:59 PM, Timothy <tecosaur@gmail.com> wrote: | Nov 16 08:08 |
| schestowitz | > | Nov 16 08:08 |
| schestowitz | >> Hi All, | Nov 16 08:08 |
| schestowitz | >> | Nov 16 08:08 |
| schestowitz | >> I'm looking to use the second-gen Matrix reference server -- | Nov 16 08:08 |
| schestowitz | >> Dendrite | Nov 16 08:08 |
| schestowitz | >> (https://github.com/matrix-org/dendrite, written in Go). | Nov 16 08:08 |
| -TechrightsBN/#boycottnovell-github.com | GitHub - matrix-org/dendrite: Dendrite is a second-generation Matrix homeserver written in Go! | Nov 16 08:08 | |
| schestowitz | >> I was planning on packaging it ... before I discovered it has ~400 | Nov 16 08:08 |
| schestowitz | >> dependences which I'd need to package most of | Nov 16 08:08 |
| schestowitz | >> (list here: http://ix.io/2E2l). | Nov 16 08:08 |
| schestowitz | >> | Nov 16 08:08 |
| schestowitz | >> If anyone has advice on how to proceed with this (I'd rather not | Nov 16 08:08 |
| schestowitz | >> spend a | Nov 16 08:09 |
| schestowitz | >> weekend packaging dependences) that would be greatly appreciated. | Nov 16 08:09 |
| schestowitz | >> | Nov 16 08:09 |
| schestowitz | >> Thanks, | Nov 16 08:09 |
| schestowitz | >> | Nov 16 08:09 |
| schestowitz | >> Timothy. | Nov 16 08:09 |
| schestowitz | Nov 16 08:09 | |
| schestowitz | > Here is a (sad)laugh for you. I don't know what a Dendrite server is, but this clearly shows the failing state of Free Software: | Nov 16 08:09 |
| schestowitz | > On Sunday, November 15, 2020 11:07 PM, Tobias Geerinckx-Rice <me@tobias.gr> wrote: | Nov 16 08:09 |
| schestowitz | > | Nov 16 08:09 |
| schestowitz | >> Ruben, | Nov 16 08:09 |
| schestowitz | >> | Nov 16 08:09 |
| schestowitz | >> nylxs 写道： | Nov 16 08:09 |
| schestowitz | >> | Nov 16 08:09 |
| schestowitz | >>> On 11/15/20 2:37 AM, Arun Isaac wrote: | Nov 16 08:09 |
| schestowitz | >>> | Nov 16 08:09 |
| schestowitz | >>>> it should probably go in the cookbook. Or even | Nov 16 08:09 |
| schestowitz | >>>> better, our Icecat should be packaged to use a Firefox user >> agent by | Nov 16 08:09 |
| schestowitz | >>>> default. | Nov 16 08:09 |
| schestowitz | >>> | Nov 16 08:09 |
| schestowitz | >>> which is illegal | Nov 16 08:09 |
| schestowitz | >> | Nov 16 08:09 |
| schestowitz | >> Welcome back! Please don't use our lists to spread misinformation. Especially such that might drive people away from free(er) browsers, even though that's not your intention. | Nov 16 08:09 |
| schestowitz | >> | Nov 16 08:09 |
| schestowitz | >> If you believe that adopting Firefox's User Agent string constitutes a trademark violation, consider that of their most notorious competitor: | Nov 16 08:09 |
| schestowitz | >> | Nov 16 08:09 |
| schestowitz | >> Mozilla/5.0 (Windows NT 10.0; Win64; x64) AppleWebKit/537.36 | Nov 16 08:09 |
| schestowitz | >> (KHTML, like Gecko) Chrome/84.0.4147.105 Safari/537.36 | Nov 16 08:09 |
| schestowitz | >> | Nov 16 08:09 |
| schestowitz | >> At least 5 different trademarks with Mozilla's at the very front! And... totally fine. | Nov 16 08:09 |
| schestowitz | >> | Nov 16 08:09 |
| schestowitz | >> (I mean, technically it's a revolting abomination that can't meet its demise[0] soon enough, but it's legally quite uncontroversial. :-) | Nov 16 08:09 |
| schestowitz | >> | Nov 16 08:09 |
| schestowitz | >> Kind regards, | Nov 16 08:09 |
| schestowitz | >> | Nov 16 08:09 |
| schestowitz | >> T G-R | Nov 16 08:09 |
| schestowitz | >> | Nov 16 08:09 |
| schestowitz | >> [0]: https://en.wikipedia.org/wiki/User_agent#Deprecation_of_User-Agent_header | Nov 16 08:09 |
| -TechrightsBN/#boycottnovell-en.wikipedia.org | User agent - Wikipedia | Nov 16 08:09 | |
| schestowitz | > | Nov 16 08:09 |
| schestowitz | > An interesting series of emails here, where they talk about the useragent string in icecat and how websites are filtering it. | Nov 16 08:10 |
| schestowitz | " How much will YOU lose with Mr Campinos' new Salary Adjustment Method? " | Nov 16 09:21 |
| schestowitz | "On 6 May, Mr Campinos will consult the staff representation on his new Salary Adjustment Method in an e-meeting of the General Consultative Committee (GCC). This is the last step before submission to the Council bodies (Budget and Finance Committee on 27 May and Administrative Council on 30 June). For this occasion, we have updated the SUEPO Salary Simulator to estimate your personal financial loss and the Local Staff Committee | Nov 16 09:21 |
| schestowitz | Munich produced a first video looking back at the last months and explaining the impact of the new method on our future salaries and pensions. A second video focuses on the impact of this new method if it had already been implemented in the past 6 years." | Nov 16 09:21 |
| schestowitz | <li> | Nov 16 09:25 |
| schestowitz | <h5><a href="https://www.dedoimedo.com/computers/font-vulnerabilities-noscript.html">Noscript cures font vulnerabilities</a></h5> | Nov 16 09:25 |
| -TechrightsBN/#boycottnovell- ( status 404 @ https://www.dedoimedo.com/computers/font-vulnerabilities-noscript.html">Noscript ) | Nov 16 09:25 | |
| schestowitz | <blockquote> | Nov 16 09:25 |
| schestowitz | <p>In the past month, I've read about a dozen security bulletins involving remote execution exploits due to font parsing vulnerabilities in a range of operating systems, from desktop to mobile. In all these cases, there was a detailed mention of problems, but very little if any mention of possible solutions, other than vendor updates, that is. </p> | Nov 16 09:25 |
| schestowitz | <p> Which is rather intriguing, because there is a tool that can help you with fonts. It's called Noscript, it's a supreme browser extension available in Firefox and more recently in Chrome, and it allows you to govern the loading of fonts in your webpages. A simple and elegant tool that can save - or at the very least, significantly minimize, headache with fonts. But does it get the spotlight it deserves? Of | Nov 16 09:25 |
| schestowitz | course not, drama and fear are far more interesting. Let's see what gives. </p></blockquote></li> | Nov 16 09:25 |
| schestowitz | x https://translate.google.com/translate?depth=1&hl=en&prev=search&rurl=translate.google.co.uk&sl=da&u=https://www.version2.dk/artikel/microsoft-aarets-it-arbejdsplads-alle-medarbejdere-har-medansvar-at-udvikle-kulturen-1091613 | Nov 16 10:42 |
| -TechrightsBN/#boycottnovell-translate.google.com | Google Translate | Nov 16 10:42 | |
| schestowitz | = | Nov 16 10:49 |
| schestowitz | x https://www.consilium.europa.eu/en/press/press-releases/2020/11/13/joint-statement-by-the-eu-home-affairs-ministers-on-the-recent-terrorist-attacks-in-europe/ | Nov 16 10:49 |
| -TechrightsBN/#boycottnovell-www.consilium.europa.eu | Joint statement by the EU home affairs ministers on the recent terrorist attacks in Europe - Consilium | Nov 16 10:49 | |
| schestowitz | Nov 16 10:49 | |
| schestowitz | Nov 16 10:49 | |
| schestowitz | Nov 16 10:49 | |
| schestowitz | Nov 16 10:49 | |
| schestowitz | Nov 16 10:49 | |
| schestowitz | Nov 16 10:49 | |
| schestowitz | = | Nov 16 10:49 |
| schestowitz | x https://translate.google.com/translate?depth=1&hl=en&prev=search&rurl=translate.google.co.uk&sl=no&u=https://www.cw.no/artikkel/cisco/norge-skal-bidra-til-bedre-digitale-ferdigheter-hos-ghanesere | Nov 16 10:49 |
| -TechrightsBN/#boycottnovell-translate.google.com | Google Translate | Nov 16 10:49 | |
| schestowitz | " | Nov 16 21:07 |
| schestowitz | Sheikh it Sheikh it | Nov 16 21:07 |
| schestowitz | @Sheikh_al_Touar | Nov 16 21:07 |
| schestowitz | · | Nov 16 21:07 |
| schestowitz | 35m | Nov 16 21:07 |
| schestowitz | Inside the EPO During Corona: The EPO is Silently Shrinking in Vienna and Dictator António Campinos Defends His Bully and Union Buster, Elodie Bergot #Finance #patents #UnionBusting #Vienna #Austria #Europe | Nov 16 21:07 |
| schestowitz | Inside the EPO During Corona: The EPO is Silently Shrinking in Vienna and Dictator António Campinos... | Nov 16 21:07 |
| schestowitz | The erosion of staff financing and the depletion of staff at the EPO isn't a subject that the European media ever touches; it's almost as if Europe's second-largest institution and the abuses inside... | Nov 16 21:07 |
| schestowitz | techrights.org | Nov 16 21:07 |
| schestowitz | Sheikh it Sheikh it | Nov 16 21:07 |
| schestowitz | @Sheikh_al_Touar | Nov 16 21:07 |
| schestowitz | · | Nov 16 21:07 |
| schestowitz | 38m | Nov 16 21:07 |
| schestowitz | EPO Staff Representatives Explain Why the Appeals Committee is Flawed and Transparency is Lacking #law #patents #Europe | Nov 16 21:07 |
| schestowitz | EPO Staff Representatives Explain Why the Appeals Committee is Flawed and Transparency is Lacking | Nov 16 21:07 |
| schestowitz | The Administrative Tribunal of the International Labour Organisation (ILOAT) is still as toothless as ever, so workers are basically at the mercy of a dictator (António Campinos); EPO staff has been... | Nov 16 21:07 |
| schestowitz | techrights.org | Nov 16 21:07 |
| schestowitz | Sheikh it Sheikh it | Nov 16 21:07 |
| schestowitz | @Sheikh_al_Touar | Nov 16 21:07 |
| schestowitz | · | Nov 16 21:07 |
| schestowitz | 38m | Nov 16 21:08 |
| schestowitz | Inside the EPO During Corona: COVID-in-the-Head António Campinos Acts Like a Maniac and Starts Shouting at Meetings (Refusing to Listen to Anybody or Accept Reality) #COVID19 #dictator #InternationalOrganization #patents #Europe | Nov 16 21:08 |
| schestowitz | Inside the EPO During Corona: COVID-in-the-Head António Campinos Acts Like a Maniac and Starts... | Nov 16 21:08 |
| schestowitz | Jorge Campinos fought what he called dictatorship — the very thing that his son António is nowadays doing in Europe’s second-largest institution (run like a monarchy uncaring about the law and the... | Nov 16 21:08 |
| schestowitz | techrights.org | Nov 16 21:08 |
| schestowitz | Sheikh it Sheikh it | Nov 16 21:08 |
| schestowitz | @Sheikh_al_Touar | Nov 16 21:08 |
| schestowitz | · | Nov 16 21:08 |
| schestowitz | 40m | Nov 16 21:08 |
| schestowitz | Inside the EPO During Corona: Letter to Stephen Rowan About EPO Management Exploiting the Pandemic to Demand Harder Work (Instead of Loosening and Lowering Expectations/Workload) #coronapandemic #Exploit #Management #Health #Workload #patents #law #Europe | Nov 16 21:08 |
| schestowitz | Inside the EPO During Corona: Letter to Stephen Rowan About EPO Management Exploiting the Pandemic... | Nov 16 21:08 |
| schestowitz | The EPO's management is plundering or taking away very basic rights of labourers, capitalising on a crisis that drives many businesses underground to pretend/act as though it's "business as usual"... | Nov 16 21:08 |
| schestowitz | techrights.org | Nov 16 21:08 |
| schestowitz | Sheikh it Sheikh it | Nov 16 21:08 |
| schestowitz | @Sheikh_al_Touar | Nov 16 21:08 |
| schestowitz | · | Nov 16 21:08 |
| schestowitz | 44m | Nov 16 21:08 |
| schestowitz | Nobody Was Ever Punished for Bullying Laurent Prunier (Bergot and Others Kept Their EPO Jobs and They Continue to Oppress and Silence Staff Representatives) #bullying #bullyingawareness #UnionBusting #LaurentPrunier #SUEPO #patents #Europe | Nov 16 21:08 |
| schestowitz | Nobody Was Ever Punished for Bullying Laurent Prunier (Bergot and Others Kept Their EPO Jobs and... | Nov 16 21:08 |
| schestowitz | Europe's most autocratic institution, the EPO, is still muzzling its staff; Mr. Prunier may have reached a settlement after years of unjust suffering, but that settlement does not correct or serve to... | Nov 16 21:08 |
| schestowitz | techrights.org | Nov 16 21:08 |
| schestowitz | " | Nov 16 21:08 |
| schestowitz | https://twitter.com/Sheikh_al_Touar/status/1328431694622371849 | Nov 16 21:08 |
| -TechrightsBN/#boycottnovell-@Sheikh_al_Touar: Inside the EPO During #Corona : The European Patent Office (EPO), in Clear Violation of the Law and the EPC, Forces… https://t.co/DKZdezutdz | Nov 16 21:08 | |
| -TechrightsBN/#boycottnovell-@Sheikh_al_Touar: Inside the EPO During #Corona : The European Patent Office (EPO), in Clear Violation of the Law and the EPC, Forces… https://t.co/DKZdezutdz | Nov 16 21:08 | |
| schestowitz | "Inside the EPO During #Corona : The European Patent Office (EPO), in Clear Violation of the Law and the EPC, Forces Parties to Join Surveillance Sessions (American Spying Companies) to Squash False European #patents #Corona #surveillance #Privacy #law" | Nov 16 21:08 |
| schestowitz | http://patentblog.kluweriplaw.com/2020/05/18/primacy-of-eu-law-over-national-law-german-federal-constitutional-court-judge-comments-on-unified-patent-court-decision/#comments | Nov 16 21:44 |
| -TechrightsBN/#boycottnovell-patentblog.kluweriplaw.com | Primacy of EU Law over National Law – German Federal Constitutional Court Judge Comments On Unified Patent Court Decision - Kluwer Patent Blog | Nov 16 21:44 | |
| schestowitz | " | Nov 16 21:44 |
| schestowitz | The question to the Commission makes it clear that in all probability, the participation of the UK has to be clarified before Germany can ratify the UPC. It would in any case make no sense for Germany to ratify the UPC as long as feat of the London section of the Central Division has not been clarified. | Nov 16 21:44 |
| schestowitz | If the UK decides not to officially withdraw from an agreement it has already ratified, it might indeed blow up the UPC if what is expressed in the question to the Commission is correct. This is the more so since there is no express withdrawal possibility foreseen in the UPCA. | Nov 16 21:44 |
| schestowitz | Blowing up the UPC would be in line with what has been uttered in some UK circles: let’s develop a litigation system which can be more attractive than the UPC, and which is independent from any decision of the CJEU. | Nov 16 21:44 |
| schestowitz | I am curious to hear what Mr Tilmann, Poors, Hoying and consorts will have to say about this threat. | Nov 16 21:44 |
| schestowitz | This is the more so since Mr Hoying has been advocating in IPKat to “try to draft a text that would make it possible for European Economic Area countries and perhaps even other countries to join”. In doing so he seems to have forgotten what Opinion C 1/09 said. | Nov 16 21:44 |
| schestowitz | http://ipkitten.blogspot.com/2020/03/willem-hoyng-todays-decision-sets-back.html | Nov 16 21:44 |
| -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Willem Hoyng: today's decision sets back UPC at least five years - The IPKat | Nov 16 21:44 | |
| schestowitz | But this did not withhold Mr Tilmann to claim that C1/09 is no hindrance to maintain post-Brexit UK in the UPC. One should however not forget that he claimed earlier that the UPC is only open to EU member states. Let’s put it this way. Mr Tilmann adopted a “dynamic” interpretation of C 1/09. Any resemblance….. | Nov 16 21:44 |
| schestowitz | " | Nov 16 21:44 |
| schestowitz | "There are also new problems for the UPC on the EU level. See here: https://www.europarl.europa.eu/doceo/document/E-9-2020-002729_EN.html" | Nov 16 21:44 |
| -TechrightsBN/#boycottnovell-www.europarl.europa.eu | The future of the Unified Patent Court (UPC) | Nov 16 21:44 | |
| schestowitz | " | Nov 16 21:44 |
| schestowitz | If Germany ratifies the UPC now, there will be breach of the AETR jurisprudence. | Nov 16 21:44 |
| schestowitz | The European Commission should intervene, as long as the UK is still signatory of the agreement. | Nov 16 21:44 |
| schestowitz | " | Nov 16 21:44 |
| schestowitz | " | Nov 16 21:44 |
| schestowitz | Most of the proponents of the UPC have tried to ignore the danger lying in § 166 of the decision of the FGCC. The present blog sheds a much more differentiated view on the matter of constitutionality of the UPC in view of the German Basic Law. It is thus to be welcomed. | Nov 16 21:44 |
| schestowitz | All the proponents of the UPC have been touting that the entry into force of the UPC is on the doorstep, and the ratification bill should be presented anew as quickly as possible before the German Parliament. That they ignored the problems brought about by Brexit is just an aside. Some are still in favour of the participation in the UPC of non-EU member states…. | Nov 16 21:44 |
| schestowitz | Should the ratification bill be presented once more before the parliament, it is to be hoped that its members will be informed of the position of Justice Huber. The same applies to the Federal Minister of Justice who published, most probably following intense lobbying, a press release claiming that the bill will be presented again to the parliament during the present legislature. As if the parliament had nothing more urgent to deal | Nov 16 21:44 |
| schestowitz | with at the moment. | Nov 16 21:44 |
| schestowitz | The only worrying aspect is the fact that the new president of the GFCC is a staunch supporter of the UPC. He was member of a large firm of lawyers heavily engaged in litigation, and has constantly lobbied in parliament in favour of the UPC. He apparently earned much more through his job as lawyer than from its wages as MoP. Some groups have contested its nomination as chairman of the GFCC for this reason. | Nov 16 21:44 |
| schestowitz | Should the question of the constitutionality come back before the GFCC, it is to be feared that it waives through the ratification bill. This could particularly be the case should Justice Müller have come to the end of its appointment to the FGCC. | Nov 16 21:44 |
| schestowitz | The GFCC would just have a “dynamic” interpretation of its own case law…. Any resemblance ….. | Nov 16 21:44 |
| schestowitz | " | Nov 16 21:44 |
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| schestowitz | Most of the proponents of the UPC have tried to ignore the danger lying in § 166 of the decision of the FGCC. The present blog sheds a much more differentiated view on the matter of constitutionality of the UPC in view of the German Basic Law. It is thus to be welcomed. | Nov 16 21:44 |
| schestowitz | All the proponents of the UPC have been touting that the entry into force of the UPC is on the doorstep, and the ratification bill should be presented anew as quickly as possible before the German Parliament. That they ignored the problems brought about by Brexit is just an aside. Some are still in favour of the participation in the UPC of non-EU member states…. | Nov 16 21:45 |
| schestowitz | Should the ratification bill be presented once more before the parliament, it is to be hoped that its members will be informed of the position of Justice Huber. The same applies to the Federal Minister of Justice who published, most probably following intense lobbying, a press release claiming that the bill will be presented again to the parliament during the present legislature. As if the parliament had nothing more urgent to deal | Nov 16 21:45 |
| schestowitz | with at the moment. | Nov 16 21:45 |
| schestowitz | The only worrying aspect is the fact that the new president of the GFCC is a staunch supporter of the UPC. He was member of a large firm of lawyers heavily engaged in litigation, and has constantly lobbied in parliament in favour of the UPC. He apparently earned much more through his job as lawyer than from its wages as MoP. Some groups have contested its nomination as chairman of the GFCC for this reason. | Nov 16 21:45 |
| schestowitz | Should the question of the constitutionality come back before the GFCC, it is to be feared that it waives through the ratification bill. This could particularly be the case should Justice Müller have come to the end of its appointment to the FGCC. | Nov 16 21:45 |
| schestowitz | The GFCC would just have a “dynamic” interpretation of its own case law…. Any resemblance ….. | Nov 16 21:45 |
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| schestowitz | Dear Concerned observer, | Nov 16 21:45 |
| schestowitz | re point 1: Bearing in mind that, ultimately, it’s the function of the BVerfG to have the last say on what is (un)constitutional in Germany, do you really think the court would uphold such an amendment as constitutional, thus bowing to the ECJ? Almost certainly not. | Nov 16 21:45 |
| schestowitz | Re point 2: You know the answer to your questions. Masks have long fallen and [they] have no chance other than going ‘all in’, riding a horse that is obviously as dead as it can be. But don’t worry. I would assume that the UPCA will be back on the BVerfG’s table very quickly, should the need arise. | Nov 16 21:45 |
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| schestowitz | It will be interesting to see how the question regarding the unconditional supremacy of EU (case) law is resolved with regard to Germany. One option might be to amend the Basic Law … but that might not help in all cases as it is hard to see how such an amendment could apply retroactively. | Nov 16 21:45 |
| schestowitz | However, perhaps of more immediate interest will be whether, despite the clear views expressed by the FCC, any of the UPC’s supporters will continue to lobby the German government to pass legislation enabling ratification of the UPC Agreement. The answer to this is likely to depend upon whether those supporters are prepared to actively encourage the German government to pass a law that would almost certainly be unconstitutional. | Nov 16 21:45 |
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