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| schestowitz__ | <li> | Apr 24 05:12 |
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| schestowitz__ | <h5><a href="https://www.tomshardware.com/news/university-of-minnesota-responds-linux-ban">University Responds to Ban On Linux Contributions</a></h5> | Apr 24 05:12 |
| schestowitz__ | <blockquote> | Apr 24 05:12 |
| -TechrightsBN/#boycottnovell- ( status 404 @ https://www.tomshardware.com/news/university-of-minnesota-responds-linux-ban">University ) | Apr 24 05:12 | |
| schestowitz__ | <p>Heimdahl and Terveen also said the CS&E department will "investigate the research method and the process by which this research method was approved, determine appropriate remedial action, and safeguard against future issues, if needed." </p> | Apr 24 05:12 |
| schestowitz__ | <p> Their plan is to "report our findings back to the community as soon as practical." The question, then, is whether or not any remedial action will be enough for the University of Minnesota to be welcomed back into the Linux community.</p></blockquote></li> | Apr 24 05:12 |
| schestowitz__ | <li> | Apr 24 05:12 |
| schestowitz__ | <h5><a href="https://christitus.com/pi-website/">Creating a Website on Raspberry Pi</a></h5> | Apr 24 05:12 |
| -TechrightsBN/#boycottnovell- ( status 404 @ https://christitus.com/pi-website/">Creating ) | Apr 24 05:12 | |
| schestowitz__ | <blockquote> | Apr 24 05:12 |
| schestowitz__ | <p>This is perfect for setting up your first website and learning not only administering a wordpress site, but learning Linux. You will need a Raspberry Pi, a couple hours, and a computer to download the image on. The Raspberry Pi (RPI) is a perfect device for learning these things.</p></blockquote></li> | Apr 24 05:12 |
| schestowitz__ | <li> | Apr 24 05:14 |
| schestowitz__ | <h5><a href="https://itsfoss.com/hyperbola-linux-review/">Hyperbola Linux Review: Systemd-Free Arch With Linux-libre Kernel</a></h5> | Apr 24 05:14 |
| -TechrightsBN/#boycottnovell-itsfoss.com | Insights into Why Hyperbola GNU/Linux is Turning into Hyperbola BSD - It's FOSS | Apr 24 05:14 | |
| schestowitz__ | <blockquote> | Apr 24 05:14 |
| schestowitz__ | <p>In the last month of 2019, the Hyperbola project took a major decision of ditching Linux in favor of OpenBSD. We also had a chat with Hyperbola co-founder Andre Silva, who detailed the reason for dropping Hyperbola OS and starting a new HyperbolaBSD. </p> | Apr 24 05:14 |
| schestowitz__ | <p> HyperbolaBSD is still under development and its alpha release will be ready by September 2021 for initial testing. The current Hyperbola GNU/Linux-libre v0.3.1 Milky Way will be supported until the legacy Linux-libre kernel reaches the end of life in 2022. </p> | Apr 24 05:14 |
| schestowitz__ | <p> I thought of giving it a try before it goes away and switches to BSD completely.</p></blockquote></li> | Apr 24 05:14 |
| schestowitz__ | > Hello Roy, | Apr 24 05:28 |
| schestowitz__ | > | Apr 24 05:29 |
| schestowitz__ | >> I liked your article in https://eliasrudberg.se/rms/ | Apr 24 05:29 |
| -TechrightsBN/#boycottnovell-eliasrudberg.se | Comment on the open letter to "remove RMS", based on the GNU Kind Communications Guidelines | Apr 24 05:29 | |
| schestowitz__ | >> | Apr 24 05:29 |
| schestowitz__ | >> Would you permit us to reprint in Techrights with attribution and | Apr 24 05:29 |
| schestowitz__ | >> link to the original for broader audience? | Apr 24 05:29 |
| schestowitz__ | > Yes, that sounds good. | Apr 24 05:29 |
| schestowitz__ | > | Apr 24 05:29 |
| schestowitz__ | > Thanks! | Apr 24 05:29 |
| schestowitz__ | That's excellent, thanks. | Apr 24 05:29 |
| schestowitz__ | Regards and happy hacking, | Apr 24 05:29 |
| schestowitz__ | x https://www.taiwannews.com.tw/en/news/4185031 | Apr 24 06:49 |
| -TechrightsBN/#boycottnovell-www.taiwannews.com.tw | Microsoft promotes cloud datacenters with virtual tour | Taiwan News | 2021/04/23 | Apr 24 06:49 | |
| schestowitz__ | # spam | Apr 24 06:49 |
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| Techrights-sec | ihttps://nitter.cc/davelab6/status/1385804989147271176#m | Apr 24 10:50 |
| -TechrightsBN/#boycottnovell-nitter.cc | Dave Crossland (@davelab6): "I did get a laugh that your accuse me of gossip mongering down thread of recommending that techrights guy's video 😂 I especially liked the bit where he admitted he had no idea who Tom Marble is... Oh well" | nitter | Apr 24 10:50 | |
| Techrights-sec | https://nitter.cc/thomas_lord/status/1385629315715407872#m | Apr 24 10:53 |
| -TechrightsBN/#boycottnovell-nitter.cc | Thomas Lord (@thomas_lord): "Every god damn day I grow more and more deeply convinced that humanity is going to self destruct over the next 10-30 years and boy oh boy do you fail to disappoint on that count with this endless, baseless, ever-shifting, interference with GNU and FSF." | nitter | Apr 24 10:53 | |
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| schestowitz__ | " | Apr 24 10:57 |
| schestowitz__ | Abby community has levels of participation and influence. Keynoting is one signal. | Apr 24 10:57 |
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| schestowitz__ | 0 | Apr 24 10:57 |
| schestowitz__ | 0 | Apr 24 10:57 |
| schestowitz__ | Alfred M. Szmidt | Apr 24 10:57 |
| schestowitz__ | @amszmidt | Apr 24 10:57 |
| schestowitz__ | 20h | Apr 24 10:57 |
| schestowitz__ | Bullshit. | Apr 24 10:57 |
| schestowitz__ | 1 | Apr 24 10:57 |
| schestowitz__ | 0 | Apr 24 10:57 |
| schestowitz__ | 0 | Apr 24 10:58 |
| schestowitz__ | 0 | Apr 24 10:58 |
| schestowitz__ | Dave Crossland | Apr 24 10:58 |
| schestowitz__ | @davelab6 | Apr 24 10:58 |
| schestowitz__ | 20h | Apr 24 10:58 |
| schestowitz__ | There's nothing to distinguish someone who likes the org from a paid up member, from a 10 year member, from an accepted speaker, from a keynote invitee? C'mon | Apr 24 10:58 |
| schestowitz__ | 2 | Apr 24 10:58 |
| schestowitz__ | 0 | Apr 24 10:58 |
| schestowitz__ | 0 | Apr 24 10:58 |
| schestowitz__ | 0 | Apr 24 10:58 |
| schestowitz__ | Thomas Lord | Apr 24 10:58 |
| schestowitz__ | @thomas_lord | Apr 24 10:58 |
| schestowitz__ | 17h | Apr 24 10:58 |
| schestowitz__ | Yeah Michael Tiemann sucked up to the org for a long while too before attacking it. It's not exactly an original thing. Things went to shit around the time Sullivan took over. | Apr 24 10:58 |
| schestowitz__ | 1 | Apr 24 10:58 |
| schestowitz__ | 0 | Apr 24 10:58 |
| schestowitz__ | 0 | Apr 24 10:58 |
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| schestowitz__ | Thomas Lord | Apr 24 10:58 |
| schestowitz__ | @thomas_lord | Apr 24 10:58 |
| schestowitz__ | 17h | Apr 24 10:58 |
| schestowitz__ | One difference between what we do and what, for example, Sullivan or Kuhn do: We want our lives as hackers back. We want the social activity of hacking for fun, friendship, and gosh, sometimes even community benefit. | Apr 24 10:58 |
| schestowitz__ | 1 | Apr 24 10:58 |
| schestowitz__ | 1 | Apr 24 10:58 |
| schestowitz__ | 0 | Apr 24 10:58 |
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| schestowitz__ | Thomas Lord | Apr 24 10:58 |
| schestowitz__ | @thomas_lord | Apr 24 10:58 |
| schestowitz__ | 17h | Apr 24 10:58 |
| schestowitz__ | We don't want and don't make excuses for people like your employer, Dave, and we don't pretend that when we have to work for them that we're advancing software freedom. | Apr 24 10:58 |
| schestowitz__ | 3 | Apr 24 10:58 |
| schestowitz__ | 1 | Apr 24 10:58 |
| schestowitz__ | 0 | Apr 24 10:58 |
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| schestowitz__ | Thomas Lord | Apr 24 10:58 |
| schestowitz__ | @thomas_lord | Apr 24 10:58 |
| schestowitz__ | 17h | Apr 24 10:58 |
| schestowitz__ | We don't want careers like Sullivan and Kuhn seem to be almost entirely about. We aren't poverty pimps and we aren't pimps for software slavery perpetually ineffective solutionism. | Apr 24 10:58 |
| schestowitz__ | 2 | Apr 24 10:58 |
| schestowitz__ | 1 | Apr 24 10:58 |
| schestowitz__ | 0 | Apr 24 10:59 |
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| schestowitz__ | Thomas Lord | Apr 24 10:59 |
| schestowitz__ | @thomas_lord | Apr 24 10:59 |
| schestowitz__ | 17h | Apr 24 10:59 |
| schestowitz__ | What I saw happen from the 1980s to today is for GNU to accomplish most of its goals but fall short on documentation and teaching -- and for GNU and FSF to become swamped by people who like them on their resumes and speaker bios. | Apr 24 10:59 |
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| schestowitz__ | 0 | Apr 24 10:59 |
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| schestowitz__ | Thomas Lord | Apr 24 10:59 |
| schestowitz__ | @thomas_lord | Apr 24 10:59 |
| schestowitz__ | 17h | Apr 24 10:59 |
| schestowitz__ | It's completely mental. Batshit insane. There is a triumverate of world historic crisis in public health, economy, and ecology all of which cry out for software freedom interventions and you shits sit around with your thumbs up your asses asking if RMS drives away females. | Apr 24 10:59 |
| schestowitz__ | 1 | Apr 24 10:59 |
| schestowitz__ | 1 | Apr 24 10:59 |
| schestowitz__ | 0 | Apr 24 10:59 |
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| schestowitz__ | Thomas Lord | Apr 24 10:59 |
| schestowitz__ | @thomas_lord | Apr 24 10:59 |
| schestowitz__ | 17h | Apr 24 10:59 |
| schestowitz__ | It's like you sat down and talked amongst yourselves asking "what is the most disruptive, laziest, most irrelevant thing I could do while still claiming to 'contribute' to the badge I put on my resume? I know, I'll join the decades old bullshit about RMS as somehow subhuman." | Apr 24 10:59 |
| schestowitz__ | 1 | Apr 24 10:59 |
| schestowitz__ | 1 | Apr 24 10:59 |
| schestowitz__ | 0 | Apr 24 10:59 |
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| schestowitz__ | Thomas Lord | Apr 24 10:59 |
| schestowitz__ | @thomas_lord | Apr 24 10:59 |
| schestowitz__ | 17h | Apr 24 10:59 |
| schestowitz__ | Replying to @thomas_lord @davelab6 @amszmidt @seanodiggity | Apr 24 10:59 |
| schestowitz__ | Every god damn day I grow more and more deeply convinced that humanity is going to self destruct over the next 10-30 years and boy oh boy do you fail to disappoint on that count with this endless, baseless, ever-shifting, interference with GNU and FSF. | Apr 24 10:59 |
| schestowitz__ | 4:19 PM · Apr 23, 2021 | Apr 24 10:59 |
| schestowitz__ | 1 | Apr 24 10:59 |
| schestowitz__ | 1 | Apr 24 10:59 |
| schestowitz__ | 0 | Apr 24 10:59 |
| schestowitz__ | 1 | Apr 24 10:59 |
| schestowitz__ | Thomas Lord | Apr 24 10:59 |
| schestowitz__ | @thomas_lord | Apr 24 10:59 |
| schestowitz__ | 17h | Apr 24 10:59 |
| schestowitz__ | Replying to @thomas_lord @davelab6 @amszmidt @seanodiggity | Apr 24 10:59 |
| schestowitz__ | All you've done, Dave, all you've done here is fly around and insinuate yourself into various conversations and gossip monger -- all in the singular direction of trying to drag down the FSF, to spread divisiveness, to place it in service of the world's largest ever cop org. | Apr 24 11:00 |
| schestowitz__ | 2 | Apr 24 11:00 |
| schestowitz__ | 1 | Apr 24 11:00 |
| schestowitz__ | 0 | Apr 24 11:00 |
| schestowitz__ | 2 | Apr 24 11:00 |
| schestowitz__ | Thomas Lord | Apr 24 11:00 |
| schestowitz__ | @thomas_lord | Apr 24 11:00 |
| schestowitz__ | 17h | Apr 24 11:00 |
| schestowitz__ | Fascists and pigs colonized the lisp hacker world, literally federal intel cops and outright enthusiastic fascists. That's what started the free software movement. That's what it is about. It's not about your goddamn resume and it sure as shit isn't about building spyware. | Apr 24 11:00 |
| schestowitz__ | 1 | Apr 24 11:00 |
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| schestowitz__ | 0 | Apr 24 11:00 |
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| schestowitz__ | more replies | Apr 24 11:00 |
| schestowitz__ | " | Apr 24 11:00 |
| schestowitz__ | a few days ago desmog started showing up as www.desmog.com; I could either do grep on it or changes made at the script itself... | Apr 24 11:05 |
| schestowitz__ | in Daily Links that is (combined) | Apr 24 11:06 |
| Techrights-sec | Yes, I thought I set that in rss-since-scraper.pl | Apr 24 11:08 |
| Techrights-sec | I will double check. | Apr 24 11:08 |
| schestowitz__ | thanks | Apr 24 11:08 |
| Techrights-sec | It /should/ have been catching and working with the new hostname already. | Apr 24 11:18 |
| Techrights-sec | daily.feeds was updated last back in march, but it is the feed itself | Apr 24 11:18 |
| Techrights-sec | which points to the new hostname | Apr 24 11:18 |
| Techrights-sec | According to Git, I made the update to rss-since-scraper.pl on Apr 22. | Apr 24 11:18 |
| Techrights-sec | So if the changes have not kicked in by today, I need to look into why. | Apr 24 11:18 |
| schestowitz__ | I have uploads for RSS videos on the way. One ended up 300MB in size. I really don't understand why the sizes vary so wildly. Mono and stuff aren't a factor, it's something in the compression and frame rate that I fail to grasp. | Apr 24 11:19 |
| schestowitz__ | while uploading, which can take hours more, I also published another old RMS vide | Apr 24 11:20 |
| schestowitz__ | o | Apr 24 11:20 |
| Techrights-sec | Fixed processing of desmog.com. However, the XPath parser is not quite | Apr 24 11:22 |
| Techrights-sec | up to handling it properly so there is a crappy work-around tacked onto | Apr 24 11:22 |
| Techrights-sec | the end for that site's processing | Apr 24 11:22 |
| Techrights-sec | I'm not so familiar with audio but can look at the file in question. | Apr 24 11:24 |
| Techrights-sec | Can you post the link? | Apr 24 11:24 |
| schestowitz__ | still uploading: http://techrights.org/videos/why-rss.webm | Apr 24 11:25 |
| *TechrightsBN has quit (Read error: Connection reset by peer) | Apr 24 11:25 | |
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| TechrightsBN | Hello World! I'm TechrightsBN running phIRCe v0.75 | Apr 24 11:25 |
| schestowitz__ | https://stallmansupport.org/updates.html | Apr 24 11:36 |
| -TechrightsBN/#boycottnovell-stallmansupport.org | In Support of Richard Stallman - Updates | Apr 24 11:36 | |
| schestowitz__ | " | Apr 24 11:36 |
| schestowitz__ | April 18, 2021. Added in the home page: | Apr 24 11:36 |
| schestowitz__ | A link to the defamation meme | Apr 24 11:36 |
| schestowitz__ | A notice to mention that people are adding stallmansupport.org to their email signatures, social media profiles, etc. | Apr 24 11:36 |
| schestowitz__ | " | Apr 24 11:36 |
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| schestowitz__ | can you crop out 4:00-5:20 of https://www.youtube.com/watch?v=MNRCQTCzbCo&t=41s | Apr 24 13:13 |
| -TechrightsBN/#boycottnovell-www.youtube.com | Deb Nicholson on OIN and Software Patents - YouTube | Apr 24 13:13 | |
| schestowitz__ | " | Apr 24 13:18 |
| schestowitz__ | rms-on-employment.transcript.txt | Apr 24 13:18 |
| schestowitz__ | however the discussion seems completely irrelevant to FOSS, despit me being | Apr 24 13:18 |
| schestowitz__ | in agreement with what he says there | Apr 24 13:18 |
| schestowitz__ | " | Apr 24 13:18 |
| Techrights-sec | ok, I'll take a look. | Apr 24 13:47 |
| Techrights-sec | I'm not quite sure how to download it at the moment. | Apr 24 13:47 |
| schestowitz__ | I thought that old script still worked? | Apr 24 13:47 |
| Techrights-sec | I've done a complete rearrangement since then. :\ | Apr 24 13:48 |
| schestowitz__ | I can do it manually, but would need to learn the ffmpeg interfaces etc. Do you still have the script? In Git maybe? | Apr 24 13:48 |
| Techrights-sec | I've got it here now, jsut need to adjust a bit. | Apr 24 13:56 |
| schestowitz__ | thanks, I think there's lots of news stuff (since last year) we could use and shed light on, but it takes time finding it... | Apr 24 13:57 |
| Techrights-sec | ffmpeg is a bit imprecise since it goes by second and not by frame. | Apr 24 13:57 |
| schestowitz__ | I remember the old workflow, wherein we'd use email, there would be big lag therefore, and I'd check over file manager (Dolphin) to see if the file is there. I guess the script can also automate uploads to the /video directory | Apr 24 13:58 |
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| Techrights-sec | there's too much adjusting for full automation despite knowing the | Apr 24 14:46 |
| Techrights-sec | start - stop timings | Apr 24 14:46 |
| schestowitz__ | we don't yet know how many times we'll use this, but I suppose if weekly, then we can even make a list of tasks to crap and then bulk-process them? | Apr 24 14:46 |
| Techrights-sec | The main thing is remembering the options for ffmpeg and the the steps are, | Apr 24 15:02 |
| Techrights-sec | quickly find the right start time, then make a few runs to find the right end | Apr 24 15:02 |
| Techrights-sec | time | Apr 24 15:02 |
| Techrights-sec | that's it. It takes time but not much attention. | Apr 24 15:02 |
| schestowitz__ | that's also the tough thing about video editing, always taking more time than one would first assume | Apr 24 15:02 |
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| schestowitz__ | tomorrow I will repost http://techrights.org/wp-content/uploads/2013/11/rms-censorship.ogg | Apr 24 16:35 |
| Techrights-sec | ok, I'll take a look. | Apr 24 16:57 |
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| schestowitz__ | Re: M$ monopoly | Apr 24 23:10 |
| schestowitz__ | > https://twitter.com/jhamby/status/1385661261363367939 | Apr 24 23:11 |
| -TechrightsBN/#boycottnovell-@jhamby: When I got onboarded at Microsoft, I had to watch a video where one of the legal counsel explained that Microsoft w… https://t.co/EmToLtAkG9 | Apr 24 23:11 | |
| -TechrightsBN/#boycottnovell-@jhamby: When I got onboarded at Microsoft, I had to watch a video where one of the legal counsel explained that Microsoft w… https://t.co/EmToLtAkG9 | Apr 24 23:11 | |
| schestowitz__ | Wow. Nice catch. | Apr 24 23:11 |
| schestowitz__ | The person he responds to writes with us sometimes. | Apr 24 23:11 |
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| schestowitz__ | http://ipkitten.blogspot.com/2021/04/board-of-appeal-relies-on-its-own-cgk.html?showComment=1618956935358#c4870435874567603852 | Apr 24 23:37 |
| -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Board of Appeal relies on its own CGK to support an inventive step objection without remittal to first instance (T 1370/15) - The IPKat | Apr 24 23:37 | |
| schestowitz__ | "Quite. I have come across a number of EPO decisions over the years where the (usually British) authorised representative has been gently reminded that, unlike Anglo-Saxon jurisprudence, the instances of the EPO are not driven by precedents, but by the legal code of the EPC and its regulations. Not that this stops the EPO from relying on precedents when they suit it." | Apr 24 23:37 |
| schestowitz__ | http://ipkitten.blogspot.com/2021/04/boeings-comma-drama-commas-and-taking.html?showComment=1618967481455#c5611679919864884636 | Apr 24 23:39 |
| -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Boeing's comma drama: Commas and taking the description into account when construing a claim (T 1127/16) - The IPKat | Apr 24 23:39 | |
| schestowitz__ | "I would say that if anything, the EPO's approach to added subject-matter is likely to foster a vague drafting style. When any attempt to add a feature to a claim is met with the response that half a page worth of allegedly tied features should come with it, attorneys are likely to want to write vague specifications to try and avoid that; I've certainly moved in that direction." | Apr 24 23:39 |
| schestowitz__ | http://ipkitten.blogspot.com/2021/04/board-of-appeal-relies-on-its-own-cgk.html?showComment=1618992175354#c8700775432931531467 | Apr 24 23:39 |
| -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Board of Appeal relies on its own CGK to support an inventive step objection without remittal to first instance (T 1370/15) - The IPKat | Apr 24 23:39 | |
| schestowitz__ | " | Apr 24 23:39 |
| schestowitz__ | I think it is a bit more subtle than that, when you see the fact of which the board took judicial notice (I haven't read the decision, just the post by Anon @ 1350 above). The old story that in England the court knows nothing of the case apart from the evidence adduced is not really all of it. When the technology is so notorious that almost everyone (including judges) has used it in their living room, would you not expect a judge | Apr 24 23:39 |
| schestowitz__ | to take notice? I too used an electronic programme guide of the type described before 2009. | Apr 24 23:39 |
| schestowitz__ | I don't know if it's even a Civil law / England disparity at all - compare the EUIPO's decision finding McDonald's failed to prove use of their "BIG MAC" trade mark, where the EUIPO thought McD's evidence insufficient to prove use, with the UKIPO approach of taking judicial notice that very famous marks have a reputation. | Apr 24 23:39 |
| schestowitz__ | I am no big fan of EPO case law, but this one does not seem so outrageous when you scratch beneath the surface. | Apr 24 23:39 |
| schestowitz__ | " | Apr 24 23:39 |
| schestowitz__ | http://ipkitten.blogspot.com/2021/04/boeings-comma-drama-commas-and-taking.html?showComment=1618993137543#c939487082461798075 | Apr 24 23:39 |
| -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Boeing's comma drama: Commas and taking the description into account when construing a claim (T 1127/16) - The IPKat | Apr 24 23:39 | |
| schestowitz__ | " | Apr 24 23:39 |
| schestowitz__ | @ Anonymous of Tuesday, 20 April 2021 at 12:45:00 BST | Apr 24 23:39 |
| schestowitz__ | In reply to your comment, I would like to draw your attention to the last two paragraphs in Point 2 of T 1203/13: | Apr 24 23:39 |
| schestowitz__ | “Linguistically, all the parts of the original description, which the appellant indicates as the basis for these amendments, are defined as optional by using "may" as an auxiliary verb in each sentence. Nevertheless, the disclosure as a whole clearly defines a single embodiment without alternatives. Thus, in this context the use of the auxiliary verb "may" does not provide its literal effect, since if it did, all aspects of the | Apr 24 23:40 |
| schestowitz__ | described process would be optional, thereby rendering unclear what was to be considered as part of the embodiment. | Apr 24 23:40 |
| schestowitz__ | The board therefore considers the subject-matter of claim 1 of the main request to constitute an inadmissible intermediate generalisation which contravenes Article 123(2) EPC.” | Apr 24 23:40 |
| schestowitz__ | In other words if everything is optional, nothing is optional and you end up very quickly with added matter. | Apr 24 23:40 |
| schestowitz__ | This might be a good deterrent against US originating applications at the EPO. | Apr 24 23:40 |
| schestowitz__ | In European practice, a claim has to be clear and supported by the description, but this does not mean that on top of the claim you have to systematically consult the description. Otherwise Art 84 can be deleted at once and only keep Art 69 and its protocol. | Apr 24 23:40 |
| schestowitz__ | By the way, the protocol on Art 69 might speak about equivalents, but does not define them, so that each jurisdiction can have its own view on what is an equivalent, and here we are back at Actavis/Lilly. | Apr 24 23:40 |
| schestowitz__ | " | Apr 24 23:40 |
| schestowitz__ | http://ipkitten.blogspot.com/2021/04/board-of-appeal-relies-on-its-own-cgk.html?showComment=1618993735137#c5078633256818419531 | Apr 24 23:40 |
| -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Board of Appeal relies on its own CGK to support an inventive step objection without remittal to first instance (T 1370/15) - The IPKat | Apr 24 23:40 | |
| schestowitz__ | "Having thought about it some more though there does seem to be a problem here with an inventive step attack which was not pleaded at all at first instance, being the eventual reason for revoking the patent. If that is what has happened it does seem to be wrong. It isn't so much the Board taking judicial notice of notorious CGK that I object to, as the patentee being faced with an objection, however apparently strong, which they | Apr 24 23:40 |
| schestowitz__ | do not have an appropriate line of appeal over." | Apr 24 23:40 |
| schestowitz__ | http://ipkitten.blogspot.com/2021/04/board-of-appeal-relies-on-its-own-cgk.html?showComment=1618998390233#c7529476778838725665 | Apr 24 23:40 |
| -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Board of Appeal relies on its own CGK to support an inventive step objection without remittal to first instance (T 1370/15) - The IPKat | Apr 24 23:40 | |
| schestowitz__ | " | Apr 24 23:40 |
| schestowitz__ | Good thoughts from Freddie Noble but perhaps he might like to flesh out his worry about the patent owner being deprived of two instances to respond to an obviousness attack. I had a case many years ago, when that was the issue, and the TBA told me there was no need for a remittal because we can see from the OD's written reasoning, free from any doubts or ambiguities, exactly how it would have decided, had it been presented with | Apr 24 23:40 |
| schestowitz__ | any such attack. | Apr 24 23:40 |
| schestowitz__ | And in England, if I understand it right, there is anyway no absolute right to appeal every issue to a court of appeal. | Apr 24 23:40 |
| schestowitz__ | " | Apr 24 23:40 |
| schestowitz__ | http://ipkitten.blogspot.com/2021/04/boeings-comma-drama-commas-and-taking.html?showComment=1618999136874#c50555889240986988 | Apr 24 23:40 |
| -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Boeing's comma drama: Commas and taking the description into account when construing a claim (T 1127/16) - The IPKat | Apr 24 23:40 | |
| schestowitz__ | " | Apr 24 23:40 |
| schestowitz__ | You may avoid added-matter, but then have to contend with clarity, patentability, and sufficiency. It may not even be a zero sum game, but a fatal one in which no patent at all is possible. Nor should it. If you don't want to disclose an invention, then you don't get a patent. | Apr 24 23:40 |
| schestowitz__ | I refer to AO's comment below. A vague drafting style is only making a further rod for your back; one with which the EPO will happily beat you. | Apr 24 23:40 |
| schestowitz__ | Either half a page of features is a disclosed combination or it is not. Seems fair enough that you can't just conjure up a new claim combination to overcome the prior art. Third parties only have the luxury of reading a published application and not the prior art from which a new claim combination is derived. It's not the prior art's fault an intermediate position is not disclosed. | Apr 24 23:40 |
| schestowitz__ | " | Apr 24 23:40 |
| schestowitz__ | http://ipkitten.blogspot.com/2021/04/board-of-appeal-relies-on-its-own-cgk.html?showComment=1619009361733#c6044897771577158398 | Apr 24 23:40 |
| -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Board of Appeal relies on its own CGK to support an inventive step objection without remittal to first instance (T 1370/15) - The IPKat | Apr 24 23:40 | |
| schestowitz__ | "I cannot remember most things from last year, let alone 2009. It is applaudable that board members that have such long and accurate memories. " | Apr 24 23:40 |
| schestowitz__ | http://ipkitten.blogspot.com/2021/04/board-of-appeal-relies-on-its-own-cgk.html?showComment=1619020103923#c7359641041498162626 | Apr 24 23:41 |
| -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Board of Appeal relies on its own CGK to support an inventive step objection without remittal to first instance (T 1370/15) - The IPKat | Apr 24 23:41 | |
| schestowitz__ | " | Apr 24 23:41 |
| schestowitz__ | Fair point, there is often no absolute right of appeal and in particular a finding about whether or not such-and-such is CGK is one an appellate court should be particularly slow to interfere in. | Apr 24 23:41 |
| schestowitz__ | I have now read the whole decision and am not sure what I think about all of it except (surprise surprise) that it is more complicated than just the headnote and the IPKat article. I remain of the view that the Board were quite justified in taking judicial notice of the fact that grid-based electronic programme guides were CGK before 2009 and I wonder if the hotly-contested argument over whether the Board could assert this or not | Apr 24 23:41 |
| schestowitz__ | was a bit of a distraction from the real issue - does this CGK make the claimed invention obvious over D1? On this point the Board's reasoning is not especially convincing to me but that is not to say I think it is certainly wrong or the result of a horribly obvious error. Anyway I am quite sure that neither the patentee the opponent nor anyone else cares very much what I think about whether their invention was obvious. | Apr 24 23:41 |
| schestowitz__ | I have some sympathy for the patentee because their patent was revoked on the basis of an obviousness argument which seems less than soundly-reasoned, and which came from a Board from which there is no further appeal. But then sometimes you are going to disagree with judges about inventive step, there is really no way around that. | Apr 24 23:41 |
| schestowitz__ | " | Apr 24 23:41 |
| schestowitz__ | http://ipkitten.blogspot.com/2021/04/board-of-appeal-relies-on-its-own-cgk.html?showComment=1619023953091#c5387706319420308186 | Apr 24 23:41 |
| -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Board of Appeal relies on its own CGK to support an inventive step objection without remittal to first instance (T 1370/15) - The IPKat | Apr 24 23:41 | |
| schestowitz__ | "Another way to see the Decision is that for the Board the integrity of the so-called Gold standard ("directly and unambiguously derivable") and the imperative of bringing the opposition proceedings to an end (rather than starting another game of ping pong) were seen as a higher priority than the integrity of any reasoning over obviousness. The finding of lack of novelty could not stand, but neither could the patent. What to do | Apr 24 23:41 |
| schestowitz__ | then? As Freddie observes, the way out was obvious: whether a step is an inventive one is something on which reasonable minds will inevitably differ. " | Apr 24 23:41 |
| schestowitz__ | http://ipkitten.blogspot.com/2021/04/boeings-comma-drama-commas-and-taking.html?showComment=1619100777109#c6595628251670576174 | Apr 24 23:41 |
| -TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Boeing's comma drama: Commas and taking the description into account when construing a claim (T 1127/16) - The IPKat | Apr 24 23:41 | |
| schestowitz__ | "There is a false logic to the penultimate paragraph of Attentive Observer's last post. Using that logic, one could say that on the other hand if Art 84 EPC requires that the precise meaning (and so the scope) of a claim should be discernible without reference to the description, the second sentence of Art 69(1) EPC and its Protocol can be deleted. It does not seem unreasonable to understand Art 84 EPC to require that claims are | Apr 24 23:41 |
| schestowitz__ | presented in a straightforward and non-convoluted fashion to aid comprehension and reduce the burden on third parties reviewing patents while at the same time allowing that the description and claims can be used to interpret the claims. Indeed for a good many patents with claims specifying parts that have no clearly recognised name, it is impossible to understand what a claim might mean without looking at the description and | Apr 24 23:42 |
| schestowitz__ | drawings. " | Apr 24 23:42 |
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