IRC: #techbytes @ Techrights IRC Network: Saturday, April 06, 2024

-TechBytesBot/#techbytes-ipkitten.blogspot.com | GuestPost: Do certain panel compositions of the UPC Court of Appeal breach article 6 ECHR? - The IPKat

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"It is certainly very clear that the three LQJ panel compositions do not comply with the UPC's "constitution", namely the UPC Agreement. However, the most important question to which no clear answer has yet been provided is: what, if anything, can affected parties do about this? The UPC is an international organisation that is supposed to apply EU law but that, technically speaking, operates outside of that law and

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by its own rules. Possible means of redress for parties to proceedings before the UPC are therefore very limited indeed. Involvement of the CJEU is one possible avenue in cases where the UPC's actions violate EU law. However, that avenue is only open to parties to UPC proceedings in cases where the “unconstitutional” actions of the UPC raise questions of interpretation of EU law that have no clear or established an

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swers. Moreover, even if such questions do arise, they will only be referred to the CJEU if the UPC (Court of Appeal) is persuaded that a preliminary reference is necessary to decide the case before them. However, if the UPC violates EU law in a manner that raises no issues of interpretation (ie is clear based upon the wording of the EU law, or prior CJEU interpretations of the same), then not even the preliminary reference p

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rocedure will be open to parties to UPC proceedings. In such instances, it would be up to the Member States to take action ... and I would not hold my breath waiting for that! Involvement of the European Court of Human Rights (ECtHR) is another possible avenue that could be explored by parties to the proceedings. However, the ECtHR has demonstrated that it will not take up cases against international organisations, even if th

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ere is clear and indisputable evidence of such an organisation breaching provisions of the European Convention on Human Rights. In this respect, I refer readers to the black hole at the ECtHR that greeted SUEPO’s action relating to the EPO’s breaches of the right to collective bargaining. The main problem, of course, is that UPC has no constitutional court of its own. It is therefore free to mark its own homework when it

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comes to any “creative” interpretations of the provisions of the UPC Agreement that it might choose to adopt. Whilst complaints at national constitutional courts might be one (final) avenue for affected parties to seek redress, I very much doubt that any of them will want to get involved in a case where it is hard to ignore evidence that supports a ruling adverse to an international organisation and that would be almost impossible (

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or at least very unpalatable) for the national court to enforce. I very much hope that I am wrong, but this looks to me like another fait accompli. That is, now that the UPC has been brought into life in its current form, it seems that there is very little that any of us can do to persuade it to abide by relevant laws, including its own constitution."

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<li><h5><a href="https://www.techradar.com/pro/security/latest-ubuntu-beta-and-other-linux-distros-delayed-by-xz-utils-security-issues">Latest Ubuntu beta and other Linux distros delayed by xz-utils security issues</a></h5>

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The beta version of Ubuntu 24.04 won’t be released on time, the developers have confirmed, following concerns about a major security threat.

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Instead of launching on April 4, the latest Ubuntu version, which also holds the codename Noble Numbat, will now be released on April 11 after developers Canonical decided to push the release for a week because of the discovery of CVE-2024-3094, a critical vulnerability recently discovered in xz-utils.

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XZ-utils is a set of data compression tools and libraries used by major Linux distros. The vulnerability was introduced to XZ version 5.6.0 by a pseudonymous attacker, and persisted throughout 5.6.1 as well.

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</blockquote></li>

-TechBytesBot/#techbytes-Latest Ubuntu beta and other Linux distros delayed by xz-utils security issues | TechRadar

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<xxxxxxxxxxx> Your assessment of the Governance channel being abused is quite wrong. The problem was that many staff did not agree with the way that the situation was being handled, and I stood down from the committee because of personal reasons. Some staff resigned. There was then a period where nothing happened for several months. I returned after a medical issue and started the ball rolling again in

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<xxxxxxxxxxx> early January. We are moving forward but not as quickly as I would have hoped for - US bureaucracy is to blame for this.

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<xxxxxxxxxxx> ari does not like the restart attempt - his aim is to close the site down.

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<xxxxxxxxxxx> The governance channel was a lot of time wasted talking and not much actually being done.

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<schestowitz[TR]> xxxxxxxxxxx: thanks for the message

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<schestowitz[TR]> i wish SN well and it has been going well lately, the editorial side

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Thanks for pointing it out

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I was first to contact the police.

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The police don't like to be used as puppets. Look at how they refused to help FSFE vendettas. There was some previous case where a judge ruled satire doesn't violate the law.

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There is also that saying, people who live in glass houses should not throw stones

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Please don't mention it for now as I don't want to undermine the work that the police are doing.

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> Hi Roy,

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> This is quite topical

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> https://cybershow.uk/blog/posts/poison-code

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> all best,

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That's a good article.

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I am still trying to come up with the best approach to tackle the recent FUD (without amplifying it).

http://news.tuxmachines.org/n/2024/04/06/Poison_Code.shtml

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I am waiting for the FUD to end, then I too will write something...

-TechBytesBot/#techbytes-cybershow.uk | Poison Code.

-TechBytesBot/#techbytes-news.tuxmachines.org | Tux Machines — Poison Code.

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> http://techrights.org/n/2024/04/06/Perens_on_Post_Open.shtml

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Thanks, that's just the one e-mail, not the links to earlier posts by him on the topic though. "

-TechBytesBot/#techbytes-techrights.org | Techrights — Perens on "Post-Open"