●● IRC: #boycottnovell @ FreeNode: Friday, December 25, 2020 ●● ● Dec 25 [01:52] *rianne__ has quit (Ping timeout: 260 seconds) [01:53] *liberty_box_ has quit (Ping timeout: 272 seconds) [01:53] *liberty_box has quit (Ping timeout: 264 seconds) [01:53] *rianne__ (~rianne@host81-154-173-106.range81-154.btcentralplus.com) has joined #boycottnovell [01:53] *liberty_box_ (~liberty@host81-154-173-106.range81-154.btcentralplus.com) has joined #boycottnovell [01:53] *liberty_box (~liberty@host81-154-173-106.range81-154.btcentralplus.com) has joined #boycottnovell ● Dec 25 [03:02] *rianne__ has quit (Remote host closed the connection) [03:02] *rianne__ (~rianne@host81-154-173-106.range81-154.btcentralplus.com) has joined #boycottnovell ● Dec 25 [05:56] schestowitz > Have a nice Christmas. [05:56] schestowitz You too. Maybe I'll have proper recording equipment by the time I cover this. This laptop is awful. [05:56] *schestowitz got some new leaks [05:57] *schestowitz will cover them soon ● Dec 25 [09:54] *rianne__ has quit (Ping timeout: 246 seconds) [09:55] *liberty_box_ has quit (Ping timeout: 272 seconds) [09:55] *liberty_box has quit (Ping timeout: 268 seconds) [09:58] *rianne__ (~rianne@host81-154-173-106.range81-154.btcentralplus.com) has joined #boycottnovell [09:59] *liberty_box (~liberty@host81-154-173-106.range81-154.btcentralplus.com) has joined #boycottnovell ● Dec 25 [10:00] *liberty_box_ (~liberty@host81-154-173-106.range81-154.btcentralplus.com) has joined #boycottnovell [10:19] *rianne__ has quit (Ping timeout: 256 seconds) [10:20] *liberty_box_ has quit (Ping timeout: 246 seconds) [10:20] *liberty_box has quit (Ping timeout: 246 seconds) [10:20] *rianne__ (~rianne@host81-154-173-106.range81-154.btcentralplus.com) has joined #boycottnovell [10:20] *liberty_box_ (~liberty@host81-154-173-106.range81-154.btcentralplus.com) has joined #boycottnovell [10:20] *liberty_box (~liberty@host81-154-173-106.range81-154.btcentralplus.com) has joined #boycottnovell ● Dec 25 [11:56] *liberty_box_ has quit (Ping timeout: 246 seconds) [11:56] *rianne__ has quit (Ping timeout: 246 seconds) [11:56] *liberty_box has quit (Ping timeout: 256 seconds) ● Dec 25 [12:01] *rianne__ (~rianne@host81-154-173-106.range81-154.btcentralplus.com) has joined #boycottnovell [12:02] *liberty_box_ (~liberty@host81-154-173-106.range81-154.btcentralplus.com) has joined #boycottnovell [12:03] *liberty_box (~liberty@host81-154-173-106.range81-154.btcentralplus.com) has joined #boycottnovell [12:09] schestowitz x https://www.economist.com/christmas-specials/2020/12/19/tales-of-a-ceo-monk-obscure-the-business-of-faith-in-china [12:09] -TechrightsBN/#boycottnovell-www.economist.com | Shaolin monastery - Tales of a CEO monk obscure the business of faith in China | Christmas Specials | The Economist [12:09] schestowitz # all the original monks there were killed and or driven out generations ago [12:09] schestowitz # what's left is theatre for tourists ● Dec 25 [13:56] *liberty_box_ has quit (Ping timeout: 246 seconds) [13:56] *liberty_box has quit (Ping timeout: 240 seconds) [13:57] *rianne__ has quit (Ping timeout: 265 seconds) [13:59] *rianne__ (~rianne@host81-154-173-106.range81-154.btcentralplus.com) has joined #boycottnovell [13:59] *liberty_box (~liberty@host81-154-173-106.range81-154.btcentralplus.com) has joined #boycottnovell [13:59] *liberty_box_ (~liberty@host81-154-173-106.range81-154.btcentralplus.com) has joined #boycottnovell ● Dec 25 [14:22] *liberty_box_ has quit (Ping timeout: 240 seconds) [14:22] *rianne__ has quit (Ping timeout: 240 seconds) [14:22] *liberty_box has quit (Ping timeout: 268 seconds) [14:50] *liberty_box (~liberty@host81-154-173-106.range81-154.btcentralplus.com) has joined #boycottnovell [14:50] *rianne__ (~rianne@host81-154-173-106.range81-154.btcentralplus.com) has joined #boycottnovell [14:50] *liberty_box_ (~liberty@host81-154-173-106.range81-154.btcentralplus.com) has joined #boycottnovell ● Dec 25 [15:47] *liberty_box_ has quit (Ping timeout: 268 seconds) [15:47] *rianne__ has quit (Ping timeout: 268 seconds) [15:47] *liberty_box has quit (Ping timeout: 268 seconds) [15:58] *rianne__ (~rianne@host81-154-173-106.range81-154.btcentralplus.com) has joined #boycottnovell [15:58] *liberty_box (~liberty@host81-154-173-106.range81-154.btcentralplus.com) has joined #boycottnovell [15:59] *liberty_box_ (~liberty@host81-154-173-106.range81-154.btcentralplus.com) has joined #boycottnovell ● Dec 25 [23:48] schestowitz http://patentblog.kluweriplaw.com/2020/12/23/two-new-constitutional-complaints-in-germany-against-upca/ [23:48] -TechrightsBN/#boycottnovell-patentblog.kluweriplaw.com | Two new constitutional complaints in Germany against UPCA - Kluwer Patent Blog [23:48] schestowitz " [23:48] schestowitz Extraneous Attorney [23:48] schestowitz DECEMBER 23, 2020 AT 11:49 AM [23:48] schestowitz although is isnt clear whether the FCC will accept the complaints and request the German Bundesprsident to refrain from signing the UPCA legislation into law as long as it hasnt decided on them. [23:48] schestowitz Should not the same causes lead to the same consequences? Why should this time be any different than in the previous occasion? I suspect the new complaints do not raise fewer substantive issues than the previous one Mr. Stjerna filed. [23:48] schestowitz REPLY [23:48] schestowitz The Convention Watchdog [23:48] schestowitz DECEMBER 23, 2020 AT 12:46 PM [23:48] schestowitz The Convention Watchdog: [23:48] schestowitz The same causes do no longer exist. The missing majority in the German Parliament (Bundestag) has been observed. [23:48] schestowitz Most of the other grounds submittd by the complainant were held inadmissible by the FCC in proceedings before the Laws entry into force (note 103 et seq.). They can only be put forward by a complainant immediately adversely affected by an act of the UPC violating the complainants constitutional rights. This situation can only arise once the UPC will have become operative. [23:48] schestowitz Link to the decision: [23:48] schestowitz https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/DE/2020/02/rs20200213_2bvr073917.html;jsessionid=D42C575092614487C48AED25BBF69D31.1_cid377 [23:48] schestowitz REPLY [23:48] -TechrightsBN/#boycottnovell-www.bundesverfassungsgericht.de | Bundesverfassungsgericht - Entscheidungen - Gesetz zum Abkommen ber ein Einheitliches Patentgericht nichtig [23:48] schestowitz Extraneous Attorney [23:48] schestowitz DECEMBER 23, 2020 AT 1:32 PM [23:48] schestowitz @The Convention Watchdog: fair enough, time will tell if the FCC rules in such a way. [23:48] schestowitz REPLY [23:48] schestowitz Attentive Observer [23:48] schestowitz DECEMBER 24, 2020 AT 12:06 PM [23:48] schestowitz I am not as sure as Convention Watchdog that a complaint before the GFCC will be dismissed at once. [23:48] schestowitz This is certainly what all the pro-UPC lobbyists hope. Three reasons make me believe that this might not be the case. The whole discussion was not only about the necessary quorum for the ratification. [23:48] schestowitz There is still the problem raised in Point 106 of the March 2020 decision over the supremacy Union law over the German constitution. This point has been completely dodged in the explanatory note for the new ratification bill. Whether one agrees or not with it, it is a point which can play a role, as this stance was adopted by the GFCC when dealing with the complaint about the dealings of the EZB. The chair of the GFCC has changed, [23:48] schestowitz but the rapporteur is still the same. [23:48] schestowitz Some of the reasons brought forward by the then complainant were dismissed for lack of substantiation. It is difficult to see why they could not be brought in again with a better substantiation. [23:48] schestowitz Last but not least there is one big change in the overall situation. The UK has left the UPCA, but Art 7(2) UPCA still mention that a Section of the Central Division with specific duties should be located in London. [23:48] schestowitz In the explanatory note for the new ratification bill, this problem has been dealt with in a quite specious way. The duties of the London Section will be shared provisionally between Paris and London, and a new location can be found when the UPCA is first revised. [23:48] schestowitz This is an interpretation of the UPCA which is probably not shared by the other contracting states and especially not by those wanting the London Section to be transferred to their country. This interpretation is also not in line with numerous articles of the VCLT. [23:48] schestowitz Most important, this interpretation amounts to deprive a party to the UPC from its right for its legitimate judge. This is a real constitutional problem which can even be tackled under the ECHR. [23:48] schestowitz This important problem is best exemplified in all the comments made in the present blog under: [23:48] schestowitz http://patentblog.kluweriplaw.com/2020/12/18/german-bundesrat-approves-ratification-of-unified-patent-court-agreement/ [23:48] -TechrightsBN/#boycottnovell-patentblog.kluweriplaw.com | German Bundesrat approves ratification of Unified Patent Court Agreement - Kluwer Patent Blog [23:48] schestowitz The best is to have a look at those. [23:49] schestowitz "