IRC: #boycottnovell @ Techrights IRC Network: Thursday, January 27, 2022

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OK, I think today the oog rotation AND the daily stats breakdown both

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worked correctly, I have just checked. It also looked like our

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articles about gemini are very popular over gemini://

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will backup pi in weekend using rsync (for now), will probably be aware for the next 5-6 hours, so can detect site issues with apache

Jan 27 00:43

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restarting

Jan 27 02:19

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the load was quite high when it went bacd, with 2000 locgin attempts

Jan 27 02:19

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in around 5 mins

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schestowitz-TR2

I would like to discuss with you the possibility

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or taking over joindiapora

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along with other people willing to help

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we can even found some org o foundation r this purpose

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the instance is already fully functional

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it can even remain with the same host

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but it might take more than one amin to maintain

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315,000 users historically

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among the poosts about 20% are mine

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glynmoody is also prolific user there

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1.3 million comments

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it would be massively useful to keep this going

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and me, being a person with 600k or so postsg there already

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I have a personal stake

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many links there go to tuxmachines and techrights

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I have passed on some details over email

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could use further consulation regarding founding some sort of

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framework so it won't be a one-person operation

http://patentblog.kluweriplaw.com/2022/01/21/interviews-for-future-judges-unified-patent-court-will-take-place-this-spring/#comments

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restarting

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maybe heavy loads contribute to the issue, based on gut feeling

Jan 27 03:59

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-TechrightsBN/#boycottnovell-patentblog.kluweriplaw.com | Interviews for future judges Unified Patent Court will take place this spring - Kluwer Patent Blog

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6 comments

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Concerned observer

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JANUARY 21, 2022 AT 12:53 PM

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So it is confirmed. Both the PPA and the UPC Agreement have/will “come into force” BEFORE the Participating Member States agree upon how crystal-clear language relating to the UK / London will be “reinterpreted” to permit their entry into force, and subsequent operation.

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Talk about “fake it until you make it”!

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Whilst I appreciate that the rules for interpreting international laws can be somewhat flexible, it is clear that what is contemplated represents nothing other than substantive amendments to key provisions of international treaties … which amendments have no basis whatsoever in any provision of the VCLT.

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zoobab

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JANUARY 21, 2022 AT 1:36 PM

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“Ramsay hopes that additional member states will ratify as well.”

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Let’s bring this monster to the CJEU first.

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Concerned observer

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JANUARY 21, 2022 AT 4:00 PM

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I would encourage the representatives of the Netherlands and Italy to have a long, hard think about the following statement of Mr Ramsay.

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“Therefore, there will be no section of the central division in London. The Signatory States of the UPC Agreement will discuss and decide where to reallocate this division. However, the entry into force of the Agreement and the start of operation of the Court is not subject to the finalisation of these negotiations”.

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If the INITIAL operation of the Court is “not subject to the finalisation of these negotiations”, then the same is self-evidently true for the CONTINUED operation of the Court. Once the Court is up-and-running, what leverage might any of the other Participating Member States have to persuade France and Germany to relinquish their unexpected Brexit bonus?

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Patent robot

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JANUARY 21, 2022 AT 6:05 PM

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According to which part of the UPCA and the PAP (and its “authentic” interpretation…) “the existing seats and sections of the central division (in Paris and Munich) will temporarily deal with all the central division cases” ?

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Why Paris and Munich can become “temporary” seats and Milan or The Hague cannot?

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Attentive Observer

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JANUARY 22, 2022 AT 7:27 AM

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It has been from the beginning the aim of the promoters of the UPC to push it through at any rate and any cost so as to end up with fait accompli.

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It is an absolute disgrace that an official organ of the EU takes a decision on a topic which has not yet been agreed.

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Any judge seeking a job at this court whilst the problem of Art 7(2) UPCA is not correctly solved, that is in a legally binding way, that is by renegotiating it,disqualifies himself.

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That big internationally active industry and big internationally active lawyers firms disregard the clear wording of the terms of a signed and ratified treaty is not a surprise as the committee drafting the RoP was co-opted. They want a good ROI, no more, no less.

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But that judges are accomplices of such an exercise is not tolerable.

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How can trust be given to a court so composed? If cases in IPC classes A and C go to Paris and/or Munich, those sections are in breach of Art 6(1)ECHR!

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How can a court in which a judge can be removed from office by his peers without any means of redress can be a court according Art 6(1)ECHR or in conformity with EU law!

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William Garry

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JANUARY 22, 2022 AT 12:34 PM

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First case, someone will try to invalidate a pharma patent 🙂

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(archived)

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they delete comments sometimes...

https://www.stjerna.de/cc-2/?lang=en

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-TechrightsBN/#boycottnovell-www.stjerna.de | Dr. Ingve Björn Stjerna, LL.M. | Second constitutional complaint against UPCA ratification in Germany (11/01/2021, latest update on 09/07/2021)

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Second constitutional complaint against UPCA ratification in Germany (11/01/2021, latest update on 09/07/2021)

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After the conclusion of the Parliamentary proceedings on 18/12/2020, a constitutional complaint has been filed against the German ratification of the UPCA, concomitantly requesting the court to oblige the involved institutions by an interim order (“einstweilige Anordnung”) to desist from completing the ratification process until a decision in the proceedings on the merits (docket no. 2 BvR 2217/20).

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The Federal Constitutional Court (“BVerfG”) has sent the constitutional complaint to the German Parliament, the Federal Council, the Chancellor’s Office, the Federal Ministry of the Interior, the Federal Ministry of Justice and Consumer Protection and to the Foreign Office for their comments on the application to grant an interim order. Whether coordination took place between the BVerfG and the Federal President as to the further progress

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of the ratification process is currently not known.

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Those wanting to support this constitutional complaint, can do so here.

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According to press reports, the BVerfG received a further constitutional complaint in relation to the ratification of the UPCA in Germany (docket no. 2 BvR 2216/20). No further details are known yet.

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Update (19 and 20/01/2021):

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In its 127th session on 13/01/2021, the Committee on Legal Affairs and Consumer Protection recommended to the German Parliament, by a majority, to intervene in proceedings 2 BvR 2216/20 and 2 BvR 2217/20 and to submit a statement also in the proceedings on the merits, subsequent to the one filed in the procedings for the grant of an interim order already (Parliament printed matter 19/25829 [German language]).

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In its 204th session on 14/01/2021, the German Parliament has followed this recommendation by a majority (protocol, p. 25685 (A) [German language]).

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Update (09/02/2021):

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Immediately after the start of the new Parliamentary proceedings for the ratification of the UPCA in August 2020, all Parliamentary groups from the opposition in the German Parliament were comprehensively informed in writing on 21/09/2020 about the legal problems of the UPCA and its risks for small and medium-sized enterprises and were requested to raise these problems in the Parliamentary proceedings. Included were several questions which the

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German Federal government could be asked to answer (cf. letter of 21/09/2020 [German language] and English office translation).

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On 27/10/2020, the FDP Parliamentary group submitted a Parliamentary interpellation requesting the German Federal government to answer several of the questions raised in this letter (cf. Parliament printed matter 19/23651 [German language]). It is worthy to note which questions from the letter were avoided or were asked with a different wording.

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The German Federal government answered on 10/11/2020 (cf. Parliament printed matter 19/24197 [German language]).

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In a further letter sent to all Parliamentary groups from the opposition in the German Bundestag on 09/11/2020, they were asked to assess whether they would wish to make use of their right to initiate a procedure for judicial review at the BVerfG as a means to clarify the questions as to the compatibility of the UPCA with the Grundgesetz (cf. letter of 09/11/2020 [German language] and English office translation). No reply was received.

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Update (09/07/2021):

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With decision of 23/06/2021 (German language), the BVerfG has rejected the request to oblige the involved institutions by an interim order (“einstweilige Anordnung”) to desist from completing the UPCA ratification process until a decision in the proceedings on the merits (docket no. 2 BvR 2217/20) (also cf. the court’s press statement no. 57/2021 of 09/07/2021).

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https://www.stjerna.de/cc/?lang=en

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-TechrightsBN/#boycottnovell-www.stjerna.de | Dr. Ingve Björn Stjerna, LL.M. | First constitutional complaint against UPCA ratification in Germany (Published on 14/06/2017, latest update on 10/09/2021)

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Update (12/02/2021):

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With an unanimous Senate decision of 01/12/2020 (German language), in which no reasons were provided, the Federal Constitutional Court (“BVerfG”) has determined the value in dispute for constitutional complaint proceedings 2 BvR 739/17. This decision is a basic prerequisite for the reimbursement of costs, at the BVerfG it is only made on application. The decision took the court more than eight months instead of the four weeks it usually

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requires.

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For the proceedings on the merits, the BVerfG has set an amount of EUR 250,000.00, which is considerably lower than the EUR 1,000,000.00 usually determined in constitutional complaint proceedings with a similar subject matter. On this basis, the complainant’s cost reimbursement claim against the Federal Republic of Germany for the proceedings on the merits amounts to EUR 3,604.80 plus expenses.

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In the same decision, the BVerfG also ruled, as requested, that the Federal Republic of Germany is obliged to cost reimbursement also in the proceedings for the grant of an interim order. The value in dispute was set here – in accordance with the usual approach – at 50 percent of the value of the proceedings on the merits, i.e. EUR 125,000.00. On this basis, the complainant’s cost reimbursement claim against the Federal Republic of Germany

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in the proceedings for the grant of an interim order amounts to EUR 2,540.80 plus expenses.

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Thus, the complainant’s overall cost reimbursement claim amounts to EUR 6.145,60 plus expenses.

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If you would like to support his work on the European patent reform, you can do so here.

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Update (25/06/2021):

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As reported previously, it took the BVerfG roughly nine months to simply determine the value in dispute of case 2 BvR 739/17 which finally happened in December 2020. The value was set at 25 percent of that determined by the court in similar cases, without reasons being given.

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The requests for costs reimbursement filed on this basis are now pending with the BVerfG since roughly seven months. At the end of May 2021, the BVerfG had not even sent the reimbursement requests to the German government for comments which is a necessary condition before a cost order can be issued.

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Cost reimbursement proceedings before German courts usually take two to three months, before the BVerfG sometimes twice as long. In case 2 BvR 739/17 we are now at 15 months, with no end in sight; no cost reimbursement was allowed to take place yet.

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What do you think is the reason for this conduct of the so-called “citizens’ court’s” Second Senate, the new Presiding judge of which was part of the minority of three judges voting to reject the constitutional complaint?

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Update (10/09/2021):

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The reimbursement of costs in proceedings 2 BvR 739/17 has still not been completed even roughly 18 months after the relevant decision was issued, cost reimbursement orders have still not been issued.

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On 29/07/2021, the BVerfG indicated that it now had forwarded the cost reimbursement applications to the respondent for comment – some eight months after they were first submitted.

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It remains to be seen whether it was ultimately the proceedings that took longer or the reimbursement of costs.

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https://www.stjerna.de/cc-2/?lang=en

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-TechrightsBN/#boycottnovell-www.stjerna.de | Dr. Ingve Björn Stjerna, LL.M. | Second constitutional complaint against UPCA ratification in Germany (11/01/2021, latest update on 09/07/2021)

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Update (09/02/2021):

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German Federal government could be asked to answer (cf. letter of 21/09/2020 [German language] and English office translation).

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The German Federal government answered on 10/11/2020 (cf. Parliament printed matter 19/24197 [German language]).

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Update (09/07/2021):

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https://www.stjerna.de/epgu-ii-docs/?lang=en

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-TechrightsBN/#boycottnovell-www.stjerna.de | Dr. Ingve Björn Stjerna, LL.M. | Publication of documents from constitutional complaint proceedings 2 BvR 2217/20 concerning the Agreement on a Unified Patent Court (Published on 29/11/2021)

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Publication of documents from constitutional complaint proceedings 2 BvR 2217/20 concerning the Agreement on a Unified Patent Court (Published on 29/11/2021)

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The constitutional complaint brief and the application for an interim order from the constitutional complaint proceedings 2 BvR 2217/20 concerning the ratification of the Agreement on a Unified Patent Court in Germany have recently been published in book form.

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The book “Die Verfassungsbeschwerde vom 18.12.2020 gegen die Ratifikation des Übereinkommens über ein Einheitliches Patentgericht – Verfahren 2 BvR 2217/20 vor dem Bundesverfassungsgericht” (“The constitutional complaint of 18/12/2020 against the ratification of the Agreement on a Unified Patent Court – Proceedings 2 BvR 2217/20 before the Federal Constitutional Court”) is available on the book market (German language, ISBN 978-3-

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347-42302-2, 272 pages, EUR 149.00), with the shortest delivery time on the publisher’s website.

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The preface and the table of contents can be viewed here (German language).

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An English language version of the book is currently not planned.

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https://www.stjerna.de/comment-2-bvr-2217-20/?lang=en

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-TechrightsBN/#boycottnovell-www.stjerna.de | Dr. Ingve Björn Stjerna, LL.M. | A comment on the BVerfG’s decision of 23/06/2021 in matter 2 BvR 2217/20 (09/07/2021)

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A comment on the BVerfG’s decision of 23/06/2021 in matter 2 BvR 2217/20 (09/07/2021)

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Rechtsanwalt Dr Stjerna, complainant in matter 2 BvR 2217/20, comments as follows:

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“Today’s decision of the BVerfG does not come as a surprise. Already the first UPCA decision shows that its considerations are primarily politically dominated and that legal issues play at best a subordinate role. This is a necessary consequence of the close ties between the BVerfG judges and party politics. I had already pointed this out in 2018 in an article on the first UPCA constitutional complaint proceedings and raised the question how

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independent the examination by judges, who are appointed under political considerations, would be in this legislative project which was politically highly desired across party lines and passed with positive knowledge of all constitutional issues. With its decision, the BVerfG has once again made its contribution to the implementation of a legally questionable political agenda, and citizens’ trust in its function as “the guardian of the

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constitution” is likely to continue to dwindle.

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After the decision, also the main proceedings on the UPCA are now likely to be unsuccessful. The conclusion of the German UPCA ratification, which can now be expected shortly, will cause a binding effect under international law which cannot easily be removed. This also limits the possibilities of further legal action against the Agreement itself.”

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Techrights-sec

what all would maintaining JD entail?

Techrights-sec

I see TR was unavailable twice. I was AFK and missed these last two.

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The amount of traffic coming to the server is not high but some of the

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PHP scripts seem like they might be contributing unduely to a high load.

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thanks, I'm back again

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so, the other restarts I could handle fast enough

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soon I will take some rest

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re JD, I hope otheres like "Fla" will pick this up

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but am preparing for the worst just in case

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refacting epo wiki at the moment, adding 2021 archive

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will see later if gemini copes ok

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many peoole add gewmini capsulkes at the moment

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I was just thinking about EPC just now. Could EDRI and APRIL cover it also?

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FSFE could try to live up to their name and tackle the issue. Más GNU/Linux

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seems down for the count but the owner might know somone or some group in

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Spain able to cover the topic.

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it is worth communicating with them

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Jan 27 05:52

Techrights-sec

Yes definitely.

Jan 27 05:52

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<li>

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<h5><a href="https://jvns.ca/blog/2022/01/24/hosting-my-static-sites-with-nginx/">Hosting my static sites with nginx</a></h5>

-TechrightsBN/#boycottnovell- ( status 404 @ https://jvns.ca/blog/2022/01/24/hosting-my-static-sites-with-nginx/">Hosting )

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<p>Hello! Recently I’ve been thinking about putting my static sites on servers that I run myself instead of using managed services like Netlify or GitHub Pages.</p>

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<p>Originally I thought that running my own servers would require a lot of maintenance and be a huge pain, but I was chatting with Wesley about what kind of maintainance their servers require, and they convinced me that it might not be that bad.</p>

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<p>So I decided to try out moving all my static sites to a $5/month server to see what it was like.</p><p>Everything in here is pretty standard but I wanted to write down what I did anyway because there are a surprising number of decisions and I like to see what choices other people make.</p></blockquote></li>

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restarted about 8:55 after a freeze

Jan 27 09:47

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<li>

Jan 27 09:50

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<h5><a href="https://sysadmin-journal.com/linux-user-group-of-mauritius-meets-lubos-kocman/">Linux User Group of Mauritius meets Luboš Kocman</a></h5>

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-TechrightsBN/#boycottnovell- ( status 404 @ https://sysadmin-journal.com/linux-user-group-of-mauritius-meets-lubos-kocman/%22%3Elinux/ )

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<p>We did not have physical meetups for perhaps longer than a year. So, when Luboš told me that he is visiting Mauritius and will be glad to meet local openSUSE, Linux & FOSS people, I was thrilled. Not to mention he'd bring some openSUSE goodies. 😊 I called up LUGM friends to make this happen.</p></blockquote></li>

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restarted about 9:50 after a freeze

Jan 27 09:55

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oh, wow, twice in one hour. I was hoping it worse get less frequent. Thanks for catching that, I've not noticed yet.

Jan 27 09:56

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<li>

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<h5><a href="https://danielpocock.com/free-technology-housing-construction/">Free technology in housing and construction</a></h5>

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<p>A friend recently purchased a new kitchen appliance and found that they could not use some of the features without having a smartphone and app. Even worse, the app insists that they provide an email address and they are forced to disclose their mobile phone number through a text-message "authentication" gimmick. The product is rather large and they had already broken up the packaging so there was no easy way to simply send

-TechrightsBN/#boycottnovell- ( status 404 @ https://danielpocock.com/free-technology-housing-construction/">Free )

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it back and refuse these conditions.</p>

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<p>After hearing about this, I couldn't provide an immediate solution but I felt it would be useful to put together some notes about free software and open hardware products. Hopefully this will help all of us to be more aware of the choices before buying and installing the wrong products.</p></blockquote></li>

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I have my script checking every 300 seconds, just HTTP HEAD requests not

Jan 27 10:04

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a full page fetch.

Jan 27 10:04

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that's good, at least we have multiple checkers. oh, how I wish this issue would 'blow over'... seeing it did vanish before, for 3 days.

Jan 27 10:05

Techrights-sec

Yesterday one of the pfp-fpm processes was running away, actually several,

Jan 27 10:08

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but as one reached 99% I killed it and all the others returned to normal.

Jan 27 10:08

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So maybe that is a clue.

Jan 27 10:08

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maybe it is a very specific request, or alternatively we can check about killing long-running queries pre-emptively?

Jan 27 10:09

Techrights-sec

periodically run pkill -o php-fpm ? That's more of a kludge.

Jan 27 10:11

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no, only a process that seems to be a hog. maybe there are some 'ready made' scripts like that

Jan 27 10:11

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ps -ax -o user,pid,%cpu,time | sort -k3,3rn -k4,4r| head

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then pick the top 1 or 2 and send a kill signal?

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if CPU usage is over x percent

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none of the common commands for limiting CPU use are currently installed...

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interesting. can that be confined to a process type?

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what kind of type? args is another outut and AWK could filter on it, too.

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ps -ax -o user,pid,%cpu,time,args | sort -k3,3rn -k4,4r| awk '$3>3 && $5~/^php/ {

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print $2,$1,$4,$3,$5; cmd="kill " $2; }' OFS="\t"

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yes, that might be a useful approach, assuming one process causes a chain reactio

Jan 27 10:29

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n and stops apache

Jan 27 10:29

Techrights-sec

ps -ax -o user,pid,%cpu,time,args | sort -k3,3rn -k4,4r | awk '$3>93 && $5~/^php/

Jan 27 10:35

Techrights-sec

{print $2,$1,$4,$3,$5; cmd="kill " $2; cmd | getline r; }' OFS="\t"

Jan 27 10:35

schestowitz-TR2

if all it can kill is a php process, than I suppose it's safe to run

Jan 27 10:36

schestowitz-TR2

i suppose most of these operations, or hope, are just reading from DB

Jan 27 10:36

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timeout in site

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was this a test run or incident?

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the ps line won't help once Apache2 has frozen

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yes

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timeout now restarting

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it was an actual timeout like the others

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though I took the opportunity to see if it wa possible to unfreeze httpd using

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awk

x https://www.ibtimes.co.uk/microsoft-sees-strong-earnings-cloud-computing-1697793

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Jan 27 10:43

-TechrightsBN/#boycottnovell-www.ibtimes.co.uk | Microsoft sees strong earnings on cloud computing

Jan 27 10:43

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? https://transfer.sh/

Jan 27 10:46

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# is this a scam site?

Jan 27 10:46

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I saw this site in passing before, I think it was mentions as a legit option

Jan 27 10:47

Techrights-sec

so three such hiccups in the last few hours

Jan 27 10:47

Techrights-sec

I wonder what they do with or two the files uploaded

Jan 27 10:53

Techrights-sec

What is their business model or reason for operating? THere is almost no

Jan 27 10:53

Techrights-sec

information on their site.

Jan 27 10:53

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not just them

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not just that

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all the file sharing 'services'

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and 'free' chat 'services'

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vulpes proxy is bbaaaaackk

Jan 27 11:32

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after about 2 weeks

Jan 27 11:32

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OTA in a moment

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ftr, vulpes is good as it bypass JS and other cruft

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I have a fallback for when it is down

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but vulpes is a lot nicer

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OTA

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drafrt

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refresh

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i am going to record another one in a few mins

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it's faster when I already have all the workflow and software fired up

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ack

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still empty

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ack

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the animation is on a loop instead of a 1-cycle pass

Jan 27 12:30

schestowitz-TR2

I don't think I can alter this behaviour in imgflip

Jan 27 12:30

schestowitz-TR2

tux machines - running the ddos protection script now..

Jan 27 12:53

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Jan 27 12:53

schestowitz-TR2

done

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i had to stgop recording

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but it had already covered the importaqnt points

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it's about CAs

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ack

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thanks for covering my back, now I can process the two videos, which is time-effi

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cient and easy rom the POV of user intervention not being required

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another draft deposited :-)

Jan 27 13:10

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It would be worth checking the various TLS libraries and modules to see

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if they accept self-signed certificates. wget and curl don't, at least by

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default.

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If I recall correctly wget does not accept them at all the only choice with

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them is to ignore them if wget hasto eb sued.

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improved clarity a bit and added your remark, which really surprised me

Jan 27 13:18

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ack

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s/sued/used/

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curl: (60) SSL certificate problem: unable to get local issuer certificate

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wget: ERROR: The certificate of example.ddns.net is not trusted.

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ERROR: The certificate of example.ddns.net doesn't have a known issuer.

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good to have this confirmed, and thanks for the typo correction, I now expect about 3 hours of processing/upload

Jan 27 13:22

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Jan 27 13:24

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restarting

Jan 27 14:23

schestowitz-TR2

at least this did not persist an on hourly basis

Jan 27 14:23

Techrights-sec

yes, but it is still a problem to be solved

Jan 27 14:26

schestowitz-TR2

processing of video #2 has commenced, I've added one image to its rdraft

Jan 27 15:17

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showing gemini at 2007 total

Jan 27 15:17

schestowitz-TR2

I hope it takes off like a rocket this year, IU will do backups this weekend

Jan 27 15:17

schestowitz

<li><h5><a href="https://programmershideaway.xyz/posts/post2/">Season of KDE 2022</a></h5>

-TechrightsBN/#boycottnovell- ( status 400 @ https://programmershideaway.xyz/posts/post2/">Season )

schestowitz

<blockquote><p>I am Ayush Singh, a second-year student of the Indian Institute of Technology, Dhanbad, India. My application has been accepted in the Season of KDE 2022. I will be working on writing a Rust wrapper for KConfig KDE Framework. This post describes my journey with KDE and why I submitted this Project for the Season of KDE.

schestowitz

[...]

schestowitz

I was introduced to the world of Linux back in 2016 when I was working on compiling android from source. Like most people, I started with Ubuntu. I didn’t explore Linux much at the time other than building android, and that was it.

schestowitz

However, things changed in 2018 when I got my PC. Since I already knew about Linux, I decided to dual-boot and explore a new operating system. Slowly, I stopped using the Windows partition and removed it altogether in early 2020.

schestowitz

</p></blockquote></li>

http://schestowitz.com/Weblog/archives/2022/01/27/bbc-take-off-the-mask/

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Jan 27 16:12

schestowitz-TR2

Jan 27 16:20

-TechrightsBN/#boycottnovell-schestowitz.com | schestowitz.com » Blog Archive » UK Government (Tories) and National Broadcaster (BBC): Take Off the Mask, as It’s the Worst COVID Week in Almost a Year!

Jan 27 16:20

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restarting

Jan 27 16:20

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Jan 27 16:25

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Jan 27 18:10

schestowitz-TR2

I am not sure if I am looking in the right oplace, but it seems like the

Jan 27 19:01

schestowitz-TR2

mention of the mailing list site coming back is not there anym,ore

Jan 27 19:01

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makes me wonder if it's planned for m ccomeback at all

Jan 27 19:01

schestowitz

gemini://gemini.circumlunar.space/

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schestowitz

Gemini mailing list (down due to hardware failure)

schestowitz

=> gemini://gemini.conman.org/test/torture/

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schestowitz

iirc it used to say something to the effect that is is coming back