●● IRC: #techbytes @ Techrights IRC Network: Saturday, April 06, 2024 ●● ● Apr 06 [01:02] schestowitz http://ipkitten.blogspot.com/2024/04/guestpost-does-judicial-composition-of.html?showComment=1712231456116#c8077428875905650049 [01:02] -TechBytesBot/#techbytes-ipkitten.blogspot.com | GuestPost: Do certain panel compositions of the UPC Court of Appeal breach article 6 ECHR? - The IPKat [01:02] schestowitz "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 [01:02] schestowitz 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 [01:02] schestowitz 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 [01:02] schestowitz 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 [01:02] schestowitz 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 SUEPOs action relating to the EPOs 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 [01:02] schestowitz 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 ( [01:02] schestowitz 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." [01:29] *Noisytoot has quit (Ping timeout: 2m30s) [01:31] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes ● Apr 06 [02:25] schestowitz
  • Latest Ubuntu beta and other Linux distros delayed by xz-utils security issues
    [02:25] schestowitz
    [02:25] schestowitz

    The beta version of Ubuntu 24.04 wont be released on time, the developers have confirmed, following concerns about a major security threat. [02:25] schestowitz 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. [02:25] schestowitz 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. [02:25] schestowitz

    [02:25] schestowitz
    • [02:25] -TechBytesBot/#techbytes-Latest Ubuntu beta and other Linux distros delayed by xz-utils security issues | TechRadar ● Apr 06 [03:10] schestowitz 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 [03:10] schestowitz early January. We are moving forward but not as quickly as I would have hoped for - US bureaucracy is to blame for this. [03:10] schestowitz ari does not like the restart attempt - his aim is to close the site down. [03:10] schestowitz The governance channel was a lot of time wasted talking and not much actually being done. [03:10] schestowitz xxxxxxxxxxx: thanks for the message [03:10] schestowitz i wish SN well and it has been going well lately, the editorial side ● Apr 06 [04:54] schestowitz " [04:54] schestowitz Thanks for pointing it out [04:54] schestowitz I was first to contact the police. [04:54] schestowitz 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. [04:54] schestowitz There is also that saying, people who live in glass houses should not throw stones [04:54] schestowitz Please don't mention it for now as I don't want to undermine the work that the police are doing. [04:54] schestowitz " ● Apr 06 [05:28] *parsifal (~parsifal@uuar9r28yasyu.irc) has joined #techbytes [05:33] *parsifal has quit (Quit: Leaving) [05:34] *parsifal (~parsifal@uuar9r28yasyu.irc) has joined #techbytes ● Apr 06 [11:03] *Noisytoot has quit (Ping timeout: 2m30s) [11:04] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes ● Apr 06 [12:20] *x-amarsh04 has quit (Quit: Konversation terminated!) [12:25] *x-amarsh04 (~amarsh04@qezxp5nudz5uq.irc) has joined #techbytes [12:47] *psydroid2 (~psydroid@u8ftxtfux23wk.irc) has joined #techbytes ● Apr 06 [13:02] *SaphirJD (~SaphirJD@ujrjmymbebpjn.irc) has joined #techbytes ● Apr 06 [15:37] *parsifal has quit (Quit: Leaving) ● Apr 06 [20:42] *teucer_ (~teucer@2v5ymnsbwu6i2.irc) has joined #techbytes [20:54] *teucer_ has quit (Quit: leaving) ● Apr 06 [22:23] *psydroid2 has quit (Quit: KVIrc 5.0.0 Aria http://www.kvirc.net/) [22:34] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes ● Apr 06 [23:40] schestowitz > Hi Roy, [23:40] schestowitz > This is quite topical [23:40] schestowitz > [23:40] schestowitz > https://cybershow.uk/blog/posts/poison-code [23:40] schestowitz > [23:40] schestowitz > all best, [23:40] schestowitz That's a good article. [23:40] schestowitz I am still trying to come up with the best approach to tackle the recent FUD (without amplifying it). [23:40] schestowitz http://news.tuxmachines.org/n/2024/04/06/Poison_Code.shtml [23:40] schestowitz I am waiting for the FUD to end, then I too will write something... [23:40] -TechBytesBot/#techbytes-cybershow.uk | Poison Code. [23:40] -TechBytesBot/#techbytes-news.tuxmachines.org | Tux Machines Poison Code. [23:45] schestowitz "> [23:45] schestowitz > [23:45] schestowitz > http://techrights.org/n/2024/04/06/Perens_on_Post_Open.shtml [23:45] schestowitz Thanks, that's just the one e-mail, not the links to earlier posts by him on the topic though. " [23:45] -TechBytesBot/#techbytes-techrights.org | Techrights Perens on "Post-Open"