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| *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 | Jan 18 10:58 | |
| *Topic for #boycottnovell set by MinceR at Thu Jan 28 18:22:54 2016 | Jan 18 10:58 | |
| -ChanServ-[#boycottnovell] Welcome to the #boycottnovell channel | Jan 18 10:58 | |
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| *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 | Jan 18 11:15 | |
| *Topic for #boycottnovell set by MinceR at Thu Jan 28 18:22:54 2016 | Jan 18 11:15 | |
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| *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 | Jan 18 11:41 | |
| *Topic for #boycottnovell set by MinceR at Thu Jan 28 18:22:54 2016 | Jan 18 11:41 | |
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| schestowitz__ | x http://www.theburkean.ie/articles/2021/01/10/dave-cullen-computing-forever-banned-from-youtube | Jan 18 12:46 |
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| schestowitz__ | # alt-right | Jan 18 12:46 |
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| schestowitz__ | x https://www.helpnetsecurity.com/2021/01/18/dynatrace-snyk/ | Jan 18 13:05 |
| -TechrightsBN/#boycottnovell-www.helpnetsecurity.com | Dynatrace Application Security Module directly linked to Snyk Intel to ease developer remediation - Help Net Security | Jan 18 13:05 | |
| schestowitz__ | " | Jan 18 14:24 |
| schestowitz__ | Attentive Observer | Jan 18 14:24 |
| schestowitz__ | JANUARY 16, 2021 AT 10:37 PM | Jan 18 14:24 |
| schestowitz__ | Some more comments: | Jan 18 14:24 |
| schestowitz__ | The Luxembourg convention of 1975 was dead-borne for two reasons | Jan 18 14:24 |
| schestowitz__ | – the language problem; | Jan 18 14:24 |
| schestowitz__ | – the fear of forum shopping. | Jan 18 14:24 |
| schestowitz__ | I am inclined to think that the UPC actually suffers the same problems, May be to a lesser extent, but still. | Jan 18 14:24 |
| schestowitz__ | The forum can be chosen by the complainant applying for infringement. | Jan 18 14:24 |
| schestowitz__ | Only before the Central Division the procedure can be held in the language in which the patent has been granted. | Jan 18 14:24 |
| schestowitz__ | Whether before a local/regional court or before the Central Division, should interpretation be needed, the costs will be borne by the losing party. | Jan 18 14:24 |
| schestowitz__ | How many SMEs will afford to take the risk and counter-claim for revocation or even start an action for revocation or non-infringement before the UPC? Even if the financial means of the parties are duly taken into account, a SME will have difficulties. | Jan 18 14:24 |
| schestowitz__ | But all the pro-UPC lobbyists, helped with some governments and the European commission, promise a wonderful world, especially for European SMEs. | Jan 18 14:24 |
| schestowitz__ | Yes, it will be a wonderful world for the purse of big litigation firms and for the big industry but certainly not for European SMEs. | Jan 18 14:24 |
| schestowitz__ | . | Jan 18 14:24 |
| schestowitz__ | There are many more problems with the UPC, but Art 7(2) and the language mess should be sufficient to give it a death knell. | Jan 18 14:25 |
| schestowitz__ | Just one more piece of information: | Jan 18 14:25 |
| schestowitz__ | According to Art 48(4) UPCA representatives of the parties may be assisted by “patent attorneys”, who shall be allowed to speak at hearings of the Court in accordance with the Rules of Procedure. | Jan 18 14:25 |
| schestowitz__ | What do the rules of procedure say? | Jan 18 14:25 |
| schestowitz__ | According to R 287(7) UPC the expression “patent attorney” also includes professional representatives before the EPO pursuant to Art 134 (1) EPC | Jan 18 14:25 |
| schestowitz__ | However, according to R 292(3) UPCA the “patent attorneys” shall be allowed to speak at hearings of the Court at the discretion of the Court and subject to the representative’s responsibility to coordinate the presentation of a party’s case. | Jan 18 14:25 |
| schestowitz__ | In other words, the rules of procedure have been drafted so that the “patent attorneys” may at best have a position similar to that of accompanying persons in the meaning of G 4/95 before the EPO, i.e. they have no procedural right to speak before the Court. | Jan 18 14:25 |
| schestowitz__ | If it was the intention of the legislator to also allow, albeit under certain conditions, representatives under | Jan 18 14:25 |
| schestowitz__ | Art 134 EPC, to address the UPC, this intention is counteracted by the rules of procedure of the UPC. And who drafted those rules of procedure? | Jan 18 14:25 |
| schestowitz__ | One way out could be to consider those “patent attorneys” as expert of a party under R 181 UPCA as they certainly will know more about technique than all the lawyers allowed to speak. | Jan 18 14:25 |
| schestowitz__ | It is high time to open the eyes to all those who have been gullible to the waffling of the pro-UPC lobbyists. | Jan 18 14:25 |
| schestowitz__ | I am for European integration, but not for an integration governed by lobbies. And I do not care if some people think I am naïve. ´ | Jan 18 14:25 |
| schestowitz__ | Agadir | Jan 18 14:25 |
| schestowitz__ | JANUARY 18, 2021 AT 8:19 AM | Jan 18 14:25 |
| schestowitz__ | Dear concerned observer, I would not be surprised if the whole “Federal President/FCC mechanism” and “only partially upheld” shenanigans were a deliberate attempt by certain circles to divert the public’s attention away from the real issues and make them concentrate their energy on aspects were it can do no harm to certain interests. | Jan 18 14:25 |
| schestowitz__ | The “Federal President/FCC mechanism” has been and is now again being made a pseudo-issue by one single commentator here, recently joined by a passenger from the pro-UPC band wagon. It is not difficult to add one and one and see through this charade. You have correctly pointed out that said long-standing mechanism, its basis and constitutional background have long been explained in detail elsewhere. | Jan 18 14:25 |
| schestowitz__ | It is absolutely stunning to watch how even some of the most seasoned and versed commentators here | Jan 18 14:25 |
| schestowitz__ | are easily triggered into an ultimately futile discussion. | Jan 18 14:25 |
| schestowitz__ | " | Jan 18 14:25 |
| schestowitz__ | http://patentblog.kluweriplaw.com/2021/01/13/german-ratification-of-unified-patent-court-agreement-put-on-hold/#comments | Jan 18 14:25 |
| -TechrightsBN/#boycottnovell-patentblog.kluweriplaw.com | German ratification of Unified Patent Court Agreement put on hold - Kluwer Patent Blog | Jan 18 14:25 | |
| schestowitz__ | "Why EPO needs three different languages? Only English is commonly spoken and understood in Europe. While giving up post grant translations, simultaneously official German and French EPO languages should be relinquished." | Jan 18 14:25 |
| schestowitz__ | " | Jan 18 14:25 |
| schestowitz__ | To clarify: your cited article refers to “Anwendung des Gesetzes” (application of the law). | Jan 18 14:25 |
| schestowitz__ | But without the signature, there is no law, as it has not yet been passed. | Jan 18 14:25 |
| schestowitz__ | " | Jan 18 14:25 |
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| schestowitz__ | y: your cited article refers to | Jan 18 22:00 |
| schestowitz__ | [15:28] <xxxxxxxxxxxxxxxxxx> perhaps i kind of overstated when i said xxxxx was "forced out" by xxxx | Jan 18 22:00 |
| schestowitz__ | [15:28] <xxxxxxxxxxxxxxxxxx> it was in the 2020, and xxxxx said something along the lines of... | Jan 18 22:00 |
| schestowitz__ | [15:29] <xxxxxxxxxxxxxxxxxx> (paraphrased) "if there's a conflict of interest between being the president of the conservancy, and being a board member of the FSF, then perhaps you should leave either the conservancy or the FSF" | Jan 18 22:00 |
| schestowitz__ | [15:30] <xxxxxxxxxxxxxxxxxx> and the next day | Jan 18 22:00 |
| schestowitz__ | [15:30] <xxxxxxxxxxxxxxxxxx> xxxx made a blog post and resigned from the xxxx board | Jan 18 22:00 |
| schestowitz__ | [15:40] <xxxxxxxxxxxxxxxxxx> if xxxxxx starts probing me about how i know this, i will lie that i just heard it from someone | Jan 18 22:02 |
| schestowitz__ | [15:41] <xxxxxxxxxxxxxxxxxx> what i said was kind of inaccurate, xxxxxx wasn't forced out, he was given a choice | Jan 18 22:02 |
| schestowitz__ | [15:42] <xxxxxxxxxxxxxxxxxx> he could have left the xxxx instead | Jan 18 22:02 |
| schestowitz__ | [15:43] <xxxxxxxxxxxxxxxxxx> people like xxxx aren't supposed to know this | Jan 18 22:02 |
| schestowitz__ | [15:43] <schestowitz__> yes, he's an ambush | Jan 18 22:02 |
| schestowitz__ | Jan 18 22:02 | |
| schestowitz__ | [15:46] <xxxxxxxxxxxxxxxxxx> this is basically xxxxx's response to the voting members insisting that he take a side, about 5 days later | Jan 18 22:02 |
| schestowitz__ | [15:46] <xxxxxxxxxxxxxxxxxx> probably he also sent an internal notice quitting from the board and as a voting member | Jan 18 22:02 |
| schestowitz__ | [15:47] <xxxxxxxxxxxxxxxxxx> it's the only public part of the discussion | Jan 18 22:02 |
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