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schestowitz[TR] | Anon Y Mouse, the debating style that you describe... ☞ http://ipkitten.blogspot.com/2023/03/g-221-did-invention-as-originally.html?showComment=1680681927467#c1778324356522175163 | Apr 06 02:26 |
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schestowitz[TR] | Anon Y Mouse, the debating style that you describe is certainly one that will be familiar to those who have attempted to explain to the EPO why certain of their practices lack adequate legal support and are actively harmful to users. Recent examples include the more insane excesses of description adaptation requirements, as well as ST.26 conversion requirements for divisionals of pre-"big bang" applications.<br /><br />Som | Apr 06 02:26 |
schestowitz[TR] | ehow the EPO manages to listen to all of the arguments presented to them but yet never (outwardly) show any signs of ever having <b>understood</b> those arguments. Common responses to criticisms from users include dismissing / minimising the concerns upon which those criticisms are based, as well as careful avoidance of any head-on discussion of the crucial issues underlying those concerns. At least the latter strategy suggests that | Apr 06 02:26 |
schestowitz[TR] | the EPO is perfectly aware of the weaknesses of its position.<br /><br />This all begs the question: why would the EPO not want to discuss / negotiate with users in good faith? The EPO's inexplicable intransigence is infuriating for users, so why can the EPO not be honest about the real reasons for them standing their ground? The longer this goes on, and the more issues it affects, the less likely that there is an innocent explanat | Apr 06 02:26 |
schestowitz[TR] | ion for all of this. My suspicion is that the intransigence can be explained by fragile egos (of decision-makers within the in EPO) and/or policies implemented in response to "political" pressure upon the EPO. | Apr 06 02:26 |
schestowitz[TR] | A point on which it would be useful to have a refe... ☞ http://ipkitten.blogspot.com/2023/04/germanys-federal-court-of-justice.html?showComment=1680618659816#c8767541038690660321 | Apr 06 02:26 |
schestowitz[TR] | A point on which it would be useful to have a reference is the meaning of "subject matter that is identifiable with sufficient precision and objectivity". In Brompton Bicycle (para 28) the referring court appears to have asserted that the subject matter was said to be identifiable simply because it was a bicycle, and the CJEU hasn't questioned this. But surely the subject matter is the work, rather than the object, and the | Apr 06 02:26 |
schestowitz[TR] | nature of the work in that case is not clear - it isn't clear where it begins or ends, and it is not possible to describe the work separately to the object it is part of. I don't think anyone really knows what the CJEU means here, and it would be interesting to see a reference on that point. | Apr 06 02:26 |
schestowitz[TR] | Mr Thomas, thank you for your reply. | Apr 06 02:26 |
schestowitz[TR] | To summarise... ☞ http://ipkitten.blogspot.com/2023/03/g-221-did-invention-as-originally.html?showComment=1680608090481#c8449302285312544248 | Apr 06 02:26 |
schestowitz[TR] | r Thomas, thank you for your reply.<br /><br />To summarise, you believe that it is important for the description to be adapted to the claims as allowed because this helps to prevent national courts affording patentees an "over-broad" scope of protection (ie a scope that does not adequately reflect the reasons why the claims were amended during prosecution).<br /><br />On the other hand, you believe that even a very " | Apr 06 02:26 |
schestowitz[TR] | strict" adaptation of the description will leave the national courts with a completely free hand regarding their determination of the scope of protection provided by the claims.<br /><br />I doubt that I will be alone in finding it impossible to reconcile these two positions. Either adaptation of the description affects determination (by the national courts) of the scope of protection or it does not.<br /><br />If it is the lat | Apr 06 02:26 |
schestowitz[TR] | ter, then isn't the EPO's "strict" practice rather a pointless waste of time (and applicant's money)?<br /><br />A final, pedantic point: I am <b>not</b> saying that the national courts will follow the decisions (or logic) of the EPO's Boards of Appeal with regard to the interpretation of Article 84 EPC. I simply believe the national courts will take into account the description of the patent (as amended by the applicant) | Apr 06 02:26 |
schestowitz[TR] | when determining the scope of protection. These are two very different issues. | Apr 06 02:26 |
-TechBytesBot/#techbytes-ipkitten.blogspot.com | G 2/21: Is the technical effect embodied by the invention as originally disclosed? - The IPKat | Apr 06 02:26 | |
-TechBytesBot/#techbytes-ipkitten.blogspot.com | Germany’s Federal Court of Justice applies CJEU Cofemel guidance, considering it ‘clear’ that works of applied art are to be treated like other works and no new CJEU referral is needed - The IPKat | Apr 06 02:26 | |
-TechBytesBot/#techbytes-ipkitten.blogspot.com | G 2/21: Is the technical effect embodied by the invention as originally disclosed? - The IPKat | Apr 06 02:26 | |
schestowitz[TR] | > Hello, | Apr 06 03:17 |
schestowitz[TR] | > | Apr 06 03:17 |
schestowitz[TR] | > I hope this email finds you well. I am trying to contact a person | Apr 06 03:17 |
schestowitz[TR] | > named Chris Punches who I believe works at your organization. | Apr 06 03:17 |
schestowitz[TR] | > | Apr 06 03:17 |
schestowitz[TR] | > I have been looking into one of your company's projects, Dark Horse | Apr 06 03:17 |
schestowitz[TR] | > Linux, as I find it quite intriguing. I have been attempting to | Apr 06 03:17 |
schestowitz[TR] | > gather information about it through IRC and explore ways to | Apr 06 03:17 |
schestowitz[TR] | > contribute to the project. | Apr 06 03:17 |
schestowitz[TR] | > | Apr 06 03:17 |
schestowitz[TR] | > However, I noticed that there is no dedicated IRC channel for Dark | Apr 06 03:17 |
schestowitz[TR] | > Horse Linux on Libera, unlike other distributions. I tried asking in | Apr 06 03:17 |
schestowitz[TR] | > #linux but received confusing responses from the people there. Some | Apr 06 03:17 |
schestowitz[TR] | > even claimed to know Chris Punches. There was much uncertainty and | Apr 06 03:17 |
schestowitz[TR] | > vague hints, but no clear accusations. My inquiries about the | Apr 06 03:17 |
schestowitz[TR] | > project's history were met with evasive answers. | Apr 06 03:17 |
schestowitz[TR] | > | Apr 06 03:17 |
schestowitz[TR] | > Unfortunately, later in the night, my bounce host was silently banned | Apr 06 03:17 |
schestowitz[TR] | > from the server. As a result, I am no longer able to engage with | Apr 06 03:17 |
schestowitz[TR] | > other communities on the platform. I am not sure what I did wrong, | Apr 06 03:17 |
schestowitz[TR] | > but it appears that asking about Dark Horse Linux might be a | Apr 06 03:17 |
schestowitz[TR] | > sensitive topic for some reason. | Apr 06 03:17 |
schestowitz[TR] | > | Apr 06 03:17 |
schestowitz[TR] | > I am wondering if you are familiar with the people involved in this | Apr 06 03:17 |
schestowitz[TR] | > situation. Is it possible for you to help me get unbanned? Also, | Apr 06 03:17 |
schestowitz[TR] | > could you please direct me to the documentation for the Dark Horse | Apr 06 03:17 |
schestowitz[TR] | > Linux project? I am quite curious to understand what transpired. | Apr 06 03:17 |
schestowitz[TR] | > | Apr 06 03:17 |
schestowitz[TR] | > Best regards, | Apr 06 03:17 |
schestowitz[TR] | > Yim Ki | Apr 06 03:17 |
schestowitz[TR] | > Libera Staff, | Apr 06 03:18 |
schestowitz[TR] | > | Apr 06 03:18 |
schestowitz[TR] | > Here I am again looking at your drama (attached). I'm not sure how much | Apr 06 03:18 |
schestowitz[TR] | > I care about this. | Apr 06 03:18 |
schestowitz[TR] | > | Apr 06 03:18 |
schestowitz[TR] | > Just out of curiosity, is he telling the whole story? | Apr 06 03:18 |
schestowitz[TR] | > | Apr 06 03:18 |
schestowitz[TR] | > I'm going to assume he is based on prior experience. I would like you | Apr 06 03:18 |
schestowitz[TR] | > to fix this. | Apr 06 03:18 |
schestowitz[TR] | > | Apr 06 03:18 |
schestowitz[TR] | > I honestly don't have much investment in a presence on Libera between | Apr 06 03:18 |
schestowitz[TR] | > the staff's track record, and how slow that project is moving, but, it | Apr 06 03:18 |
schestowitz[TR] | > would be obnoxiously fascist and bigoted, and against the values of | Apr 06 03:18 |
schestowitz[TR] | > most projects on your network if your policy were to ban users for | Apr 06 03:18 |
schestowitz[TR] | > seeking support in what is supposed to be an inclusive environment | Apr 06 03:18 |
schestowitz[TR] | > simply because you want to sweep an issue with the people behind the | Apr 06 03:18 |
schestowitz[TR] | > product they're working with/on under the rug. | Apr 06 03:18 |
schestowitz[TR] | > | Apr 06 03:18 |
schestowitz[TR] | > Particularly in my case where the/reason/ there is an issue is because | Apr 06 03:18 |
schestowitz[TR] | > I quite literally held your staff accountable for supporting my | Apr 06 03:18 |
schestowitz[TR] | > stalkers, defamers, gatekeepers -- and their advocates' shunning for | Apr 06 03:18 |
schestowitz[TR] | > talking about it -- an issue you were aware of and chose to ignore by | Apr 06 03:18 |
schestowitz[TR] | > policy for years, and I had to/level your fucking skyline/ before you | Apr 06 03:18 |
schestowitz[TR] | > even acknowledged that I was saying it due to your extraordinary | Apr 06 03:18 |
schestowitz[TR] | > arrogance and jaded filters. You still haven't fully acknowledged that | Apr 06 03:18 |
schestowitz[TR] | > it took place despite the stream of evidence repeatedly presented to | Apr 06 03:18 |
schestowitz[TR] | > your leadership for just shy of a decade. You knew. | Apr 06 03:18 |
schestowitz[TR] | > | Apr 06 03:18 |
schestowitz[TR] | > You chose instead to ostracize the newly unignorable whistleblower with | Apr 06 03:18 |
schestowitz[TR] | > false whispers-- for finally being too loud to ignore and creating | Apr 06 03:18 |
schestowitz[TR] | > consequences for your years-long support of actual crimes with actual | Apr 06 03:18 |
schestowitz[TR] | > victims (some even offline, and not me) after years of pleading with | Apr 06 03:18 |
schestowitz[TR] | > you to address it. Then, you rewrote history to accomodate your moral | Apr 06 03:18 |
schestowitz[TR] | > failure while you had to rebuild your entire network elsewhere as a | Apr 06 03:18 |
schestowitz[TR] | > result of your arrogance surrounding this issue. Don't double down or | Apr 06 03:18 |
schestowitz[TR] | > rewrite history -- just learn the lesson. There were others and, by | Apr 06 03:18 |
schestowitz[TR] | > the nature of people, there will be in the future, and those people | Apr 06 03:18 |
schestowitz[TR] | > need to benefit from what you learned in that regrettable experience | Apr 06 03:18 |
schestowitz[TR] | > for all of us. | Apr 06 03:18 |
schestowitz[TR] | > | Apr 06 03:18 |
schestowitz[TR] | > As you've no doubt become aware, I strongly advocate against stalking, | Apr 06 03:18 |
schestowitz[TR] | > defamation and gatekeeping specifically as a result of my own | Apr 06 03:18 |
schestowitz[TR] | > experience, and have done so for years, genuinely, in every way I know | Apr 06 03:18 |
schestowitz[TR] | > how. Being invisible is not an option I will ever accept. | Apr 06 03:18 |
schestowitz[TR] | > | Apr 06 03:18 |
schestowitz[TR] | > If this person is telling the truth and it is revealed to be a policy, | Apr 06 03:18 |
schestowitz[TR] | > I will absolutely eventually be forced to pay attention to you again. | Apr 06 03:18 |
schestowitz[TR] | > I would prefer that not be necessary. I urge caution. | Apr 06 03:18 |
schestowitz[TR] | > | Apr 06 03:18 |
schestowitz[TR] | > As for me, I'm not going anywhere, and I'm going to keep building. You | Apr 06 03:18 |
schestowitz[TR] | > can't stop me from building and you can't punish my users for not | Apr 06 03:18 |
schestowitz[TR] | > participating in unethical shunning. You can, however, destroy | Apr 06 03:18 |
schestowitz[TR] | > yourselves a second time/trying/ to stop me in that manner-- | Apr 06 03:18 |
schestowitz[TR] | > potentially for good. I don't want that -- I want you to be better and | Apr 06 03:18 |
schestowitz[TR] | > do better then you were and are as an organization of otherwise | Apr 06 03:18 |
schestowitz[TR] | > intelligent and sometimes well-meaning people. Be humble in your | Apr 06 03:18 |
schestowitz[TR] | > vision. | Apr 06 03:18 |
schestowitz[TR] | > | Apr 06 03:18 |
schestowitz[TR] | > Folks, I don't want to see this again. Knock it off. Knock it off | Apr 06 03:18 |
schestowitz[TR] | > today. | Apr 06 03:18 |
schestowitz[TR] | > | Apr 06 03:18 |
schestowitz[TR] | > Thanks, | Apr 06 03:18 |
schestowitz[TR] | > | Apr 06 03:18 |
schestowitz[TR] | > Chris Punches | Apr 06 03:18 |
schestowitz[TR] | > Owner | Apr 06 03:18 |
schestowitz[TR] | > Dark Horse Linux Project | Apr 06 03:18 |
schestowitz[TR] | > SILO GROUP | Apr 06 03:18 |
schestowitz[TR] | > | Apr 06 03:18 |
schestowitz[TR] | > P.S. it is my sincere request that you please ensure Fuchs or Jose sees | Apr 06 03:18 |
schestowitz[TR] | > this. | Apr 06 03:18 |
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schestowitz[TR] | x https://www.dailymail.co.uk/sciencetech/article-11937205/Bill-Gates-says-calls-pause-AI-wont-solve-challenges.html | Apr 06 08:03 |
schestowitz[TR] | # bill sez | Apr 06 08:03 |
-TechBytesBot/#techbytes-www.dailymail.co.uk | Bill Gates hits back against AI critics like Elon Musk who warn tech will destroy humanity | Daily Mail Online | Apr 06 08:03 | |
schestowitz[TR] | x https://github.com/github/balanced-employee-ip-agreement | Apr 06 08:03 |
-TechBytesBot/#techbytes-GitHub - github/balanced-employee-ip-agreement: GitHub's employee intellectual property agreement, open sourced and reusable | Apr 06 08:03 | |
schestowitz[TR] | <li> | Apr 06 08:33 |
schestowitz[TR] | <h5><a href="https://blog.arduino.cc/2023/04/05/portable-bioprinter-could-help-fight-cancer/">Portable bioprinter could help fight cancer</a></h5> | Apr 06 08:33 |
schestowitz[TR] | <blockquote> | Apr 06 08:33 |
schestowitz[TR] | <p>A bioprinter is a 3D printer capable of fabricating organic tissue. A lot of research has been devoted to developing bioprinters for creating replacement organs and even food, but this purpose is just as important. By printing tumors, cancer researchers can fabricate the tissue to exact specifications. This reduces variables and provides better research control. These 3D-printed tumoroids a | Apr 06 08:33 |
schestowitz[TR] | re made of extruded hydrogel biological ink that contains cells. In about 90 seconds, researchers can print a tumor very similar to those from mice that they’re used to working with.</p> | Apr 06 08:33 |
schestowitz[TR] | </blockquote> | Apr 06 08:33 |
schestowitz[TR] | </li> | Apr 06 08:33 |
schestowitz[TR] | Apr 06 08:33 | |
-TechBytesBot/#techbytes-blog.arduino.cc | Portable bioprinter could help fight cancer | Arduino Blog | Apr 06 08:33 | |
schestowitz[TR] | <li> | Apr 06 08:42 |
schestowitz[TR] | <h5><a href="https://www.theregister.com/2023/04/05/microsoft_ditches_plans_for_500000/">Microsoft ditches plans for 500,000 sq ft London office</a></h5> | Apr 06 08:42 |
schestowitz[TR] | <blockquote> | Apr 06 08:42 |
schestowitz[TR] | <p>According to React News, Microsoft's office tenancy in Reading is coming to an end in 2026 so senior management were eyeing up other options.</p> | Apr 06 08:42 |
schestowitz[TR] | <p>However, given a trading climate where customers are delaying purchases and operating more cautiously, Microsoft appears to have put any plans on hold for now.</p> | Apr 06 08:42 |
schestowitz[TR] | </blockquote> | Apr 06 08:42 |
schestowitz[TR] | </li> | Apr 06 08:42 |
-TechBytesBot/#techbytes-www.theregister.com | Microsoft ditches plans for 500,000 sq ft London office • The Register | Apr 06 08:42 | |
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