●● IRC: #boycottnovell @ FreeNode: Monday, January 18, 2021 ●● ● Jan 18 [00:55] *rianne_ has quit (Ping timeout: 246 seconds) [00:56] *liberty_box has quit (Ping timeout: 256 seconds) [00:56] *rianne_ (~rianne@host81-154-171-38.range81-154.btcentralplus.com) has joined #boycottnovell [00:57] *liberty_box (~liberty@host81-154-171-38.range81-154.btcentralplus.com) has joined #boycottnovell ● Jan 18 [01:17] *rianne_ has quit (Ping timeout: 246 seconds) [01:18] *liberty_box has quit (Ping timeout: 260 seconds) [01:18] *rianne_ (~rianne@host81-154-171-38.range81-154.btcentralplus.com) has joined #boycottnovell [01:18] *liberty_box (~liberty@host81-154-171-38.range81-154.btcentralplus.com) has joined #boycottnovell [01:40] *rianne_ has quit (Ping timeout: 240 seconds) [01:41] *liberty_box has quit (Ping timeout: 260 seconds) ● Jan 18 [02:06] *liberty_box (~liberty@host81-154-171-38.range81-154.btcentralplus.com) has joined #boycottnovell [02:06] *rianne_ 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(~liberty@host81-154-171-38.range81-154.btcentralplus.com) has joined #boycottnovell ● Jan 18 [10:58] *Now talking on #boycottnovell [10:58] *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 [10:58] *Topic for #boycottnovell set by MinceR at Thu Jan 28 18:22:54 2016 [10:58] -ChanServ-[#boycottnovell] Welcome to the #boycottnovell channel [10:58] *ChanServ gives channel operator status to schestowitz_log ● Jan 18 [11:03] *libertybox (~schestowi@host81-154-173-6.range81-154.btcentralplus.com) has joined #boycottnovell [11:04] *rianne (~rianne@host81-154-173-6.range81-154.btcentralplus.com) has joined #boycottnovell [11:04] *liberty_box (~liberty@host81-154-173-6.range81-154.btcentralplus.com) has joined #boycottnovell [11:15] *Now talking on #boycottnovell [11:15] *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 [11:15] *Topic for #boycottnovell set by MinceR at Thu Jan 28 18:22:54 2016 [11:16] -ChanServ-[#boycottnovell] Welcome to the #boycottnovell channel [11:16] *ChanServ gives channel operator status to schestowitz_log [11:16] *liberty_box (~liberty@host81-152-239-97.range81-152.btcentralplus.com) has joined #boycottnovell [11:16] *schestowitz__ (~schestowi@host81-152-239-97.range81-152.btcentralplus.com) has joined #boycottnovell [11:16] *schestowitz__ has quit (Changing host) [11:16] *schestowitz__ (~schestowi@unaffiliated/schestowitz) has joined #boycottnovell [11:16] *ChanServ gives channel operator status to schestowitz__ [11:16] *rianne__ (~rianne@host81-152-239-97.range81-152.btcentralplus.com) has joined #boycottnovell [11:16] *acer-box____ (~acer-box@unaffiliated/schestowitz) has joined #boycottnovell [11:16] *ChanServ gives channel operator status to acer-box____ [11:16] *asusbox (~rianne@host81-152-239-97.range81-152.btcentralplus.com) has joined #boycottnovell [11:16] *Techrights-sec (~quassel@host81-152-239-97.range81-152.btcentralplus.com) has joined #boycottnovell [11:24] *rianne (~rianne@host81-152-239-97.range81-152.btcentralplus.com) has joined #boycottnovell [11:24] *libertybox (~schestowi@host81-152-239-97.range81-152.btcentralplus.com) has joined #boycottnovell [11:41] *Now talking on #boycottnovell [11:41] *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 [11:41] *Topic for #boycottnovell set by MinceR at Thu Jan 28 18:22:54 2016 [11:41] -ChanServ-[#boycottnovell] Welcome to the #boycottnovell channel [11:41] *ChanServ gives channel operator status to schestowitz_log [11:41] *acer-box____ (~acer-box@host81-154-173-174.range81-154.btcentralplus.com) has joined #boycottnovell [11:41] *acer-box____ has quit (Changing host) [11:41] *acer-box____ (~acer-box@unaffiliated/schestowitz) has joined #boycottnovell [11:41] *ChanServ gives channel operator status to acer-box____ [11:41] *Techrights-sec (~quassel@host81-154-173-174.range81-154.btcentralplus.com) has joined #boycottnovell [11:42] *rianne__ (~rianne@host81-154-173-174.range81-154.btcentralplus.com) has joined #boycottnovell [11:42] *schestowitz__ (~schestowi@host81-154-173-174.range81-154.btcentralplus.com) has joined #boycottnovell [11:42] *schestowitz__ has quit (Changing host) [11:42] *schestowitz__ (~schestowi@unaffiliated/schestowitz) has joined #boycottnovell [11:42] *ChanServ gives channel operator status to schestowitz__ [11:53] *libertybox (~schestowi@host81-154-173-174.range81-154.btcentralplus.com) has joined #boycottnovell [11:53] *rianne (~rianne@host81-154-173-174.range81-154.btcentralplus.com) has joined #boycottnovell [11:53] *liberty_box (~liberty@host81-154-173-174.range81-154.btcentralplus.com) has joined #boycottnovell ● Jan 18 [12:46] schestowitz__ x http://www.theburkean.ie/articles/2021/01/10/dave-cullen-computing-forever-banned-from-youtube [12:46] schestowitz__ # alt-right [12:56] *TechrightsBN has quit (*.net *.split) [12:59] *TechrightsBN (~b0t@techrights.org) has joined #boycottnovell ● Jan 18 [13:05] schestowitz__ x https://www.helpnetsecurity.com/2021/01/18/dynatrace-snyk/ [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 [14:24] schestowitz__ " [14:24] schestowitz__ Attentive Observer [14:24] schestowitz__ JANUARY 16, 2021 AT 10:37 PM [14:24] schestowitz__ Some more comments: [14:24] schestowitz__ The Luxembourg convention of 1975 was dead-borne for two reasons [14:24] schestowitz__ the language problem; [14:24] schestowitz__ the fear of forum shopping. [14:24] schestowitz__ I am inclined to think that the UPC actually suffers the same problems, May be to a lesser extent, but still. [14:24] schestowitz__ The forum can be chosen by the complainant applying for infringement. [14:24] schestowitz__ Only before the Central Division the procedure can be held in the language in which the patent has been granted. [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. [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. [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. [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. [14:24] schestowitz__ . [14:25] 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. [14:25] schestowitz__ Just one more piece of information: [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. [14:25] schestowitz__ What do the rules of procedure say? [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 [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 representatives responsibility to coordinate the presentation of a partys case. [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. [14:25] schestowitz__ If it was the intention of the legislator to also allow, albeit under certain conditions, representatives under [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? [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. [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. [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 nave. [14:25] schestowitz__ Agadir [14:25] schestowitz__ JANUARY 18, 2021 AT 8:19 AM [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 publics attention away from the real issues and make them concentrate their energy on aspects were it can do no harm to certain interests. [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. [14:25] schestowitz__ It is absolutely stunning to watch how even some of the most seasoned and versed commentators here [14:25] schestowitz__ are easily triggered into an ultimately futile discussion. [14:25] schestowitz__ " [14:25] schestowitz__ http://patentblog.kluweriplaw.com/2021/01/13/german-ratification-of-unified-patent-court-agreement-put-on-hold/#comments [14:25] -TechrightsBN/#boycottnovell-patentblog.kluweriplaw.com | German ratification of Unified Patent Court Agreement put on hold - Kluwer Patent Blog [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." [14:25] schestowitz__ " [14:25] schestowitz__ To clarify: your cited article refers to Anwendung des Gesetzes (application of the law). [14:25] schestowitz__ But without the signature, there is no law, as it has not yet been passed. [14:25] schestowitz__ " ● Jan 18 [16:44] *asusbox2 (~rianne@host81-154-173-174.range81-154.btcentralplus.com) has joined #boycottnovell [16:45] *rianne__ has quit (Remote host closed the connection) [16:45] *Techrights-sec has quit (Ping timeout: 256 seconds) [16:45] *asusbox has quit (Ping timeout: 256 seconds) [16:45] *rianne__ (~rianne@host81-154-173-174.range81-154.btcentralplus.com) has joined #boycottnovell [16:45] *Techrights-sec (~quassel@host81-154-173-174.range81-154.btcentralplus.com) has joined #boycottnovell ● Jan 18 [22:00] schestowitz__ y: your cited article refers to [22:00] schestowitz__ [15:28] perhaps i kind of overstated when i said xxxxx was "forced out" by xxxx [22:00] schestowitz__ [15:28] it was in the 2020, and xxxxx said something along the lines of... [22:00] schestowitz__ [15:29] (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" [22:00] schestowitz__ [15:30] and the next day [22:00] schestowitz__ [15:30] xxxx made a blog post and resigned from the xxxx board [22:02] schestowitz__ [15:40] if xxxxxx starts probing me about how i know this, i will lie that i just heard it from someone [22:02] schestowitz__ [15:41] what i said was kind of inaccurate, xxxxxx wasn't forced out, he was given a choice [22:02] schestowitz__ [15:42] he could have left the xxxx instead [22:02] schestowitz__ [15:43] people like xxxx aren't supposed to know this [22:02] schestowitz__ [15:43] yes, he's an ambush [22:02] schestowitz__ [22:02] schestowitz__ [15:46] this is basically xxxxx's response to the voting members insisting that he take a side, about 5 days later [22:02] schestowitz__ [15:46] probably he also sent an internal notice quitting from the board and as a voting member [22:02] schestowitz__ [15:47] it's the only public part of the discussion ● Jan 18 [23:48] *rianne has quit (Ping timeout: 256 seconds) [23:49] *rianne (~rianne@host81-154-173-174.range81-154.btcentralplus.com) has joined #boycottnovell