●● IRC: #techbytes @ Techrights IRC Network: Thursday, April 06, 2023 ●● ● Apr 06 [01:01] *geert has quit (Quit: Lost terminal) ● Apr 06 [02:26] 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 [02:26] 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.

Som [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 understood 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 [02:26] schestowitz[TR] the EPO is perfectly aware of the weaknesses of its position.

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 [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. [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 [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 [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. [02:26] schestowitz[TR] Mr Thomas, thank you for your reply. [02:26] schestowitz[TR] To summarise... http://ipkitten.blogspot.com/2023/03/g-221-did-invention-as-originally.html?showComment=1680608090481#c8449302285312544248 [02:26] schestowitz[TR] r Thomas, thank you for your reply.

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).

On the other hand, you believe that even a very " [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.

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.

If it is the lat [02:26] schestowitz[TR] ter, then isn't the EPO's "strict" practice rather a pointless waste of time (and applicant's money)?

A final, pedantic point: I am not 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) [02:26] schestowitz[TR] when determining the scope of protection. These are two very different issues. [02:26] -TechBytesBot/#techbytes-ipkitten.blogspot.com | G 2/21: Is the technical effect embodied by the invention as originally disclosed? - The IPKat [02:26] -TechBytesBot/#techbytes-ipkitten.blogspot.com | Germanys 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 [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 [03:17] schestowitz[TR] > Hello, [03:17] schestowitz[TR] > [03:17] schestowitz[TR] > I hope this email finds you well. I am trying to contact a person [03:17] schestowitz[TR] > named Chris Punches who I believe works at your organization. [03:17] schestowitz[TR] > [03:17] schestowitz[TR] > I have been looking into one of your company's projects, Dark Horse [03:17] schestowitz[TR] > Linux, as I find it quite intriguing. I have been attempting to [03:17] schestowitz[TR] > gather information about it through IRC and explore ways to [03:17] schestowitz[TR] > contribute to the project. [03:17] schestowitz[TR] > [03:17] schestowitz[TR] > However, I noticed that there is no dedicated IRC channel for Dark [03:17] schestowitz[TR] > Horse Linux on Libera, unlike other distributions. I tried asking in [03:17] schestowitz[TR] > #linux but received confusing responses from the people there. Some [03:17] schestowitz[TR] > even claimed to know Chris Punches. There was much uncertainty and [03:17] schestowitz[TR] > vague hints, but no clear accusations. My inquiries about the [03:17] schestowitz[TR] > project's history were met with evasive answers. [03:17] schestowitz[TR] > [03:17] schestowitz[TR] > Unfortunately, later in the night, my bounce host was silently banned [03:17] schestowitz[TR] > from the server. As a result, I am no longer able to engage with [03:17] schestowitz[TR] > other communities on the platform. I am not sure what I did wrong, [03:17] schestowitz[TR] > but it appears that asking about Dark Horse Linux might be a [03:17] schestowitz[TR] > sensitive topic for some reason. [03:17] schestowitz[TR] > [03:17] schestowitz[TR] > I am wondering if you are familiar with the people involved in this [03:17] schestowitz[TR] > situation. Is it possible for you to help me get unbanned? Also, [03:17] schestowitz[TR] > could you please direct me to the documentation for the Dark Horse [03:17] schestowitz[TR] > Linux project? I am quite curious to understand what transpired. [03:17] schestowitz[TR] > [03:17] schestowitz[TR] > Best regards, [03:17] schestowitz[TR] > Yim Ki [03:18] schestowitz[TR] > Libera Staff, [03:18] schestowitz[TR] > [03:18] schestowitz[TR] > Here I am again looking at your drama (attached). I'm not sure how much [03:18] schestowitz[TR] > I care about this. [03:18] schestowitz[TR] > [03:18] schestowitz[TR] > Just out of curiosity, is he telling the whole story? [03:18] schestowitz[TR] > [03:18] schestowitz[TR] > I'm going to assume he is based on prior experience. I would like you [03:18] schestowitz[TR] > to fix this. [03:18] schestowitz[TR] > [03:18] schestowitz[TR] > I honestly don't have much investment in a presence on Libera between [03:18] schestowitz[TR] > the staff's track record, and how slow that project is moving, but, it [03:18] schestowitz[TR] > would be obnoxiously fascist and bigoted, and against the values of [03:18] schestowitz[TR] > most projects on your network if your policy were to ban users for [03:18] schestowitz[TR] > seeking support in what is supposed to be an inclusive environment [03:18] schestowitz[TR] > simply because you want to sweep an issue with the people behind the [03:18] schestowitz[TR] > product they're working with/on under the rug. [03:18] schestowitz[TR] > [03:18] schestowitz[TR] > Particularly in my case where the/reason/ there is an issue is because [03:18] schestowitz[TR] > I quite literally held your staff accountable for supporting my [03:18] schestowitz[TR] > stalkers, defamers, gatekeepers -- and their advocates' shunning for [03:18] schestowitz[TR] > talking about it -- an issue you were aware of and chose to ignore by [03:18] schestowitz[TR] > policy for years, and I had to/level your fucking skyline/ before you [03:18] schestowitz[TR] > even acknowledged that I was saying it due to your extraordinary [03:18] schestowitz[TR] > arrogance and jaded filters. You still haven't fully acknowledged that [03:18] schestowitz[TR] > it took place despite the stream of evidence repeatedly presented to [03:18] schestowitz[TR] > your leadership for just shy of a decade. You knew. [03:18] schestowitz[TR] > [03:18] schestowitz[TR] > You chose instead to ostracize the newly unignorable whistleblower with [03:18] schestowitz[TR] > false whispers-- for finally being too loud to ignore and creating [03:18] schestowitz[TR] > consequences for your years-long support of actual crimes with actual [03:18] schestowitz[TR] > victims (some even offline, and not me) after years of pleading with [03:18] schestowitz[TR] > you to address it. Then, you rewrote history to accomodate your moral [03:18] schestowitz[TR] > failure while you had to rebuild your entire network elsewhere as a [03:18] schestowitz[TR] > result of your arrogance surrounding this issue. Don't double down or [03:18] schestowitz[TR] > rewrite history -- just learn the lesson. There were others and, by [03:18] schestowitz[TR] > the nature of people, there will be in the future, and those people [03:18] schestowitz[TR] > need to benefit from what you learned in that regrettable experience [03:18] schestowitz[TR] > for all of us. [03:18] schestowitz[TR] > [03:18] schestowitz[TR] > As you've no doubt become aware, I strongly advocate against stalking, [03:18] schestowitz[TR] > defamation and gatekeeping specifically as a result of my own [03:18] schestowitz[TR] > experience, and have done so for years, genuinely, in every way I know [03:18] schestowitz[TR] > how. Being invisible is not an option I will ever accept. [03:18] schestowitz[TR] > [03:18] schestowitz[TR] > If this person is telling the truth and it is revealed to be a policy, [03:18] schestowitz[TR] > I will absolutely eventually be forced to pay attention to you again. [03:18] schestowitz[TR] > I would prefer that not be necessary. I urge caution. [03:18] schestowitz[TR] > [03:18] schestowitz[TR] > As for me, I'm not going anywhere, and I'm going to keep building. You [03:18] schestowitz[TR] > can't stop me from building and you can't punish my users for not [03:18] schestowitz[TR] > participating in unethical shunning. You can, however, destroy [03:18] schestowitz[TR] > yourselves a second time/trying/ to stop me in that manner-- [03:18] schestowitz[TR] > potentially for good. I don't want that -- I want you to be better and [03:18] schestowitz[TR] > do better then you were and are as an organization of otherwise [03:18] schestowitz[TR] > intelligent and sometimes well-meaning people. Be humble in your [03:18] schestowitz[TR] > vision. [03:18] schestowitz[TR] > [03:18] schestowitz[TR] > Folks, I don't want to see this again. Knock it off. Knock it off [03:18] schestowitz[TR] > today. [03:18] schestowitz[TR] > [03:18] schestowitz[TR] > Thanks, [03:18] schestowitz[TR] > [03:18] schestowitz[TR] > Chris Punches [03:18] schestowitz[TR] > Owner [03:18] schestowitz[TR] > Dark Horse Linux Project [03:18] schestowitz[TR] > SILO GROUP [03:18] schestowitz[TR] > [03:18] schestowitz[TR] > P.S. it is my sincere request that you please ensure Fuchs or Jose sees [03:18] schestowitz[TR] > this. ● Apr 06 [05:40] *Noisytoot has quit (Ping timeout: 2m30s) [05:44] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes [05:53] *Noisytoot has quit (Ping timeout: 2m30s) [05:58] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes ● Apr 06 [06:03] *Noisytoot has quit (Ping timeout: 2m30s) [06:03] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes [06:24] *Noisytoot has quit (Ping timeout: 2m30s) [06:26] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes [06:37] *Noisytoot has quit (Ping timeout: 2m30s) [06:38] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes [06:52] *Noisytoot has quit (Ping timeout: 2m30s) [06:56] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes ● Apr 06 [07:04] *Noisytoot has quit (Ping timeout: 2m30s) [07:05] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes [07:15] *Noisytoot has quit (Ping timeout: 2m30s) [07:16] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes [07:18] *Noisytoot has quit (Ping timeout: 2m30s) [07:29] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes ● Apr 06 [08:03] schestowitz[TR] x https://www.dailymail.co.uk/sciencetech/article-11937205/Bill-Gates-says-calls-pause-AI-wont-solve-challenges.html [08:03] schestowitz[TR] # bill sez [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 [08:03] schestowitz[TR] x https://github.com/github/balanced-employee-ip-agreement [08:03] -TechBytesBot/#techbytes-GitHub - github/balanced-employee-ip-agreement: GitHub's employee intellectual property agreement, open sourced and reusable [08:33] schestowitz[TR]
  • [08:33] schestowitz[TR]
    Portable bioprinter could help fight cancer
    [08:33] schestowitz[TR]
    [08:33] schestowitz[TR]

    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 [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 theyre used to working with.

    [08:33] schestowitz[TR]
    [08:33] schestowitz[TR]
    • [08:33] schestowitz[TR] [08:33] -TechBytesBot/#techbytes-blog.arduino.cc | Portable bioprinter could help fight cancer | Arduino Blog [08:42] schestowitz[TR]
  • [08:42] schestowitz[TR]
    Microsoft ditches plans for 500,000 sq ft London office
    [08:42] schestowitz[TR]
    [08:42] schestowitz[TR]

    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.

    [08:42] schestowitz[TR]

    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.

    [08:42] schestowitz[TR]
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