IRC: #techbytes @ Techrights IRC Network: Thursday, May 05, 2022

schestowitz

> Hi there,

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> I noticed you're sometimes linking to my articles, which of course is appreciated.

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> Feel free to use Pixman (https://datagubbe.se/pix/pixman.png) if you want to,

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> as allowed by the CC BY-NC-ND license, but I would ask you to stop hotlinking

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> to it from your sites and instead host it locally, as is also permitted by the license

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> given on my Pixel Art page.

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> All the best,

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> Carl

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> Dr Schestowitz,

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> I apologize for contacting you through this email account.

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> I just attempted to create a new account on TuxMachines website and

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> received this error...

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> Clicked: Create New Account

> http://www.tuxmachines.org/user/register

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-TechBytesBot/#techbytes- ( status 403 @ http://www.tuxmachines.org/user/register )

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> Error: You don't have permission to access /index.php on this server.

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> Apache/2.2.15 (CentOS) Server at www.tuxmachines.org Port 80

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> I'm using Chrome on an Android phone in the US.

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> Thanks.

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> /by Android mobile/

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Hi,

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Too many people were creating new accounts to spam the site, so we had to block that about 7 years ago. Do you want an account for commenting? Posting stories?

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May 05 06:20

schestowitz

> Roy,

May 05 07:50

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May 05 07:50

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> Thank you for responding. I was looking to post a comment and sign up

May 05 07:50

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> for any newsletters. Not a big deal. I can just watch the website for

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> updates.

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> Again. Thanks.

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If you want, I can manually create an account for you, given a username and pass word of your choice.

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> Thanks, Roy.

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> However, I'm twice-surprised. Now Firefox is NOT reporting that warning

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> - which is what I'd normally expect. And I haven't even restarted

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> Firefox, let alone rebooted.

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> Hey, I'll take it! :-)

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TechRights used to write a lot about what's at stake and why corporations like Google do this (Google is by far the largest sponsor of Firefox).

x https://www.theverge.com/2022/5/4/23057473/twitter-bluesky-adx-release-open-source-decentralized-social-network

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May 05 12:04

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May 05 12:27

-TechBytesBot/#techbytes-www.theverge.com | Twitter’s open source offshoot Bluesky releases first experiment - The Verge

May 05 12:27

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x https://datastorageasean.com/news-press-releases/citrix-and-microsoft-simplify-transition-hybrid-work

May 05 12:29

-TechBytesBot/#techbytes-datastorageasean.com | Data and Storage News from around South East Asia

May 05 12:29

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x https://www.bbc.co.uk/news/technology-61329167

-TechBytesBot/#techbytes-www.bbc.co.uk | Bill Gates on Elon Musk feud and Jeffrey Epstein meetings - BBC News

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# I did not even click that link

x https://cio.economictimes.indiatimes.com/news/digital-security/cybersecurity-in-the-age-of-metaverse-securing-web-3-0/91333946

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-TechBytesBot/#techbytes-cio.economictimes.indiatimes.com | metaverse: Cybersecurity in the age of Metaverse: Securing Web 3.0, CIO News, ET CIO

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May 05 14:03

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May 05 17:34

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10 comments

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Warf Warf

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May 3, 2022 at 8:15 pm

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Why am i not surprised…sighs

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Concerned observer

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May 4, 2022 at 11:28 am

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Close observers of the EPO’s increasingly disdainful attitude towards those holding “dissenting” opinions will not be particularly surprised by this report of disrespectful and unprofessional behaviour. However, the big question here is whether the AC will be willing and able to hold the President to account.

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If the President were an ordinary EPO employee, then the behaviour attributed to him in the report would represent a clear breach of the standards of conduct set out in the Service Regulations. In particular, it would breach Article 14(2):

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“An employee shall at all times treat others, inside and outside the European Patent Organisation … with professional respect and discretion”.

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There is also a strong case that it would constitute harassment (of the staff representatives) under Article 14b(1) and (2):

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“(1) An employee shall contribute to a work environment in which each individual is treated with respect and dignity. An employee or former employee shall refrain from engaging in any act of harassment or sexual harassment.

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(2) Harassment is any unwelcome, severe or recurring, verbal, written or physical conduct which has the purpose or effect of humiliating or degrading any person, thereby creating an intimidating, hostile or offensive work environment, or of unreasonably interfering with that person’s work or their ability to perform their assigned duties.

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Harassment includes, but is not limited to:

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(a) behaviour which is intended to be, or can reasonably be perceived as, inappropriate, offensive, intimidating, or hostile;

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(b) vexatious assignments, requests or changes in duties or responsibilities; or

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(c) severe or persistent criticism which is either unjustified or expressed in such a manner that it harms the dignity of an individual or his reputation”.

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But of course the President is subject to a different disciplinary code. One that let the previous incumbent off the hook for very serious transgressions, including threatening the independence of the EBA. In this respect, if past is prologue, then the response of the AC will amount to nothing more than a deafening silence.

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It is astonishing to witness the double standards and hypocrisy evident in a system that enables the unlawful targeting of union officials (and other staff members) for undeserved punishment whilst failing to provide any accountability for the individual who not only masterminds that punishment but also commits multiple acts that, but for the position of that individual, would represent breaches of the Service Regulations of the organisation

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that they head.

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As long as immunity leads to impunity at the EPO, it is hard to see how things can improve. On the other hand, it is easy to see how things can get considerably worse. As the old saying goes, power corrupts. And as the events of the past decade illustrate, adding impunity to the mix only turbo-charges the negative effects of power.

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Patent robot

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May 4, 2022 at 12:18 pm

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The UPC and the EPC are sinking ships but at least the EPC has a possible remedy:

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Article 4a EPC – Conference of ministers of the Contracting States

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A conference of ministers of the Contracting States responsible for patent matters shall meet at least every five years to discuss issues pertaining to the Organisation and to the European patent system.

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This article has NEVER been applied and it is really time to do so!

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Concerned observer

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May 4, 2022 at 5:15 pm

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Robot, whilst I agree that a Diplomatic Conference in accordance with Art 4a EPC is long overdue, I think that waiting for this to happen will be like waiting for Godot.

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As I have previously observed, the problem with international treaties like the EPC and UPC is that there is no independent court that can address, or impose and enforce sanctions in respect of, breaches of the provisions of those treaties. Thus, the signatories to international treaties only avoid breaching their obligations under those treaties if, on balance, it suits them to do so. (A possible further reason might be a strong belief in

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important principles such as the rule of law. However, I really cannot see much evidence of this amongst the signatories to the EPC or, in particular, the UPC Agreement.)

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I believe that it is now very unlikely that the Contracting States will perceive any need to comply with their obligations under Art 4a EPC. This is because G3/19 established a precedent for relying upon the concept of “legislative intent” (of the AC) to rubber-stamp the use of an Implementing Regulation to effect an amendment of an Article of the EPC. If the AC can amend any part of the EPC by rule-making alone, what need is there for a

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Diplomatic Conference?

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Concerned observer

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May 4, 2022 at 5:37 pm

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Of course, using rule-making by the AC to amend the EPC might have unpleasant trickle-down effects for the national laws of the Contracting States. For example, if national patent offices fall in line with the “reinterpretation” (in a new Implementing Regulation introduced by the AC) of an EPC Article, national courts might be called upon to decide whether, and to what extent, the “reinterpretation” is valid under national law.

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Should any national court find the “reinterpretation” to be both valid and effective, that would make the Administrative Council of the EPO one of the most powerful legislators with respect to NATIONAL patent laws of EPC Member States. Apart from being horribly undemocratic, I really do not think that this was a role that the founding fathers of the EPC had in mind for the AC. Indeed, it would very much represent a case of the

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administrative tail wagging the legislative dog.

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Whilst this may sound a little far-fetched, all of the pieces are already in place for exactly this kind of scenario to play out regarding the interpretation of Article 53b EPC, especially due to the little “wrinkle” regarding the non-retroactive application of Rule 28(2) EPC in proceedings before the EPO. Whether the scenario actually gets played out is another question entirely, and is largely subject to chance (regarding the existence

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of a relevant case in which there is sufficient commercial interest).

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Thus, whilst I agree that the repeated breaches of the Contracting States’ obligations under Art 4a EPC are indeed troubling, I believe that not only has the EPC been abused in far more troubling ways but also that the scene is set for the EPC to be repeatedly abused in the same way in the future.

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Caramba

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May 4, 2022 at 8:26 pm

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paraphrasing who you know : you F….. want a F….. conference ? what the F… for ?

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F word

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May 4, 2022 at 1:23 pm

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The good news is that from now on we are officially allowed to refer to him as “the f***ing President”, merely citing his own words.

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Max Drei

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May 4, 2022 at 7:52 pm

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The path towards a better atmosphere at the EPO cannot be perceived until we work out the reason for the President’s fury. My guess is that he finds himself in an impossible position and has no idea how to navigate out of it.

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The way I see it, the President finds himself caught in an insoluble dilemma between his duty to the EPO’s employees and his duty to his employer, the AC, which sees the EPO as nothing more than a mature asset to be energetically sweated, an ageing cash cow to be milked until it is dry.

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The members of the AC are egged on by the lobby power of the EPO’s bulk users, multi-national corporations who demand ever larger piles of granted patents at ever reduced cost, with “quality” being of no interest to them whatsoever.

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The EPO employees who suppose that “quality” is something worth maintaining are sadly deluded, and the President can’t understand why they are so naive, why they “just don’t get it”. Hence his fury, and also his sincere conviction that he is the nicest person the employees are ever going to get, from now on, as President.

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Bring about

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May 4, 2022 at 8:53 pm

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The job description when the Administrative Council was looking for a new President for the EPO was:

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Candidates must have a diploma of completed studies at university level and proven high-level management experience. Their past career in the private or public sector must give evidence of:

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in-depth understanding of the needs of an international organisation

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thorough knowledge and proven practical application of modern management methods, including an outstanding ability to establish and foster social dialogue

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a genuine aptitude for communication, negotiating skills and the ability to make their opinions count

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an excellent command of at least one of the official languages.

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Well done, AC.

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Attentive Observer

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May 4, 2022 at 9:15 pm

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What has started under the former tenant of the 10th floor continues with the present one.

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The tail is wagging the dog and the AC has completely given up its duty of controlling what is going on at the EPO.

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The AC has degraded itself to a rubber stamping authority which nods off everything that is proposed by the head of office. One wonders why?

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I take bets that the present tenant of the 10th floor will get is contract extended at the next AC meeting.

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As long as the head of the EPO offers the prospect of savings, be it by selling buildings, the AC will be happy. That in future members of national patent offices can be seconded to the EPO, so that new perks are on the horizon.

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It seems that the members of the AC have no idea what the EPC means and what the protocol on centralisation says. If they would, they should have stopped the destruction of the EPO a while ago!

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Art 4a should indeed be put to practice, but I do not see any chance for this with the present head of the office.

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http://patentblog.kluweriplaw.com/2022/05/03/deepening-social-tensions-and-an-extremely-hostile-president-at-the-epo/

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-TechBytesBot/#techbytes-patentblog.kluweriplaw.com | Deepening social tensions and an 'extremely hostile' president at the EPO - Kluwer Patent Blog

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context

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[CSC] Report on the GCC meeting of 26 April 2022

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Dear colleagues,

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The atmosphere of the General Consultative Committee (GCC) meeting was abysmal. The President used foul language throughout, using expletives in various languages, and insulted most of the speakers. The Central Staff Committee (CSC) members were not just interrupted but prevented from speaking multiple times when the content was not complimentary of the President’s policies or when the way of presenting it did not suit him.

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With time, we observe that the level of disrespect towards us has been growing. We cannot continue to allow this escalation. According to Article 38(5) Service Regulations, the GCC discussions are recorded, and as such we request that this recording be made available to allow full transparency.

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A meeting conducted under such conditions, where arguments could not be exchanged and where questions could not be answered, cannot be considered to have provided a meaningful consultation. It was also patently clear that the President had absolutely no intention of taking heed to any of the arguments that were presented by us.

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This is the reason why the CSC members of the GCC have sent him a letter asking to reconvene a GCC meeting in order to provide an opportunity to discuss the documents put on the agenda.

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