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schestowitz"Jul 07 00:10
schestowitz Flash meeting "bringing teams together" - Tuesday July 5th, 15:30 - Channel your concerns to Staff RepresentationJul 07 00:10
schestowitz“The present publication emanates from Local Staff Committee the Hague which does not have access to mass email. It is re-published via SUEPO in order to reach a larger number of colleagues.”Jul 07 00:10
schestowitzDear colleagues,Jul 07 00:10
schestowitzPlease join a flash MSTEAMS meeting on the topic of “bringing teams together” Tuesday July 5th, 15:30. This will be a forum for colleagues to channel their concerns to their staff representatives about the upcoming changes in building occupancy.Jul 07 00:10
schestowitzAgenda:Jul 07 00:10
schestowitzBrief overview of the staff committee’s perspective (5 min);Jul 07 00:10
schestowitzQ&AJul 07 00:10
schestowitzAdd to your calendar [1] -  Click here to join the meetingJul 07 00:10
schestowitzKind regards,Jul 07 00:10
schestowitzyour Staff RepresentationJul 07 00:10
schestowitz"Jul 07 00:10
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schestowitz-TRyes, see what I said about larabel in my postJul 07 04:54
schestowitz-TR(about this)Jul 07 04:54
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schestowitz[TR]schestowitz[TR]> would you consider putting a blank new container/vm for tuxmachines to migrate tuxmachines-old to? we can mostly manage from there on our own I think.Jul 07 08:00
schestowitz[TR]ssssssssss has said he'd help pay for your timeJul 07 08:00
schestowitz[TR]<schestowitz[TR]> I can even set up beta.tuxmachines.org from my end to point to the new container, maybe we'll migrate all the data to latest drupal or chooe another CMS, maybe staticJul 07 08:00
schestowitz[TR]<schestowitz[TR]> don't mean to sound pushy, would it be possible to have something by week's end? we keep adding new nodes to a faulty DB and it would be better to add them to the new CMS insteadJul 07 08:00
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schestowitzcomments http://patentblog.kluweriplaw.com/2022/06/30/antonio-campinos-reappointed-president-of-the-european-patent-office/Jul 07 12:30
-TechBytesBot/#techbytes-patentblog.kluweriplaw.com | António Campinos reappointed president of the European Patent Office - Kluwer Patent BlogJul 07 12:30
schestowitz"Jul 07 12:31
schestowitzThe member states of the European Patent Organisation have re-appointed EPO president António Campinos for a second five-year term in office, commencing 1 July 2023. Jul 07 12:31
schestowitzThe decision was made at a meeting of the EPO’s Administrative Council held in Munich. As far as is clear, there was no extensive discussion about the reappointment, despite a recent confrontation with staff representatives, the social unrest and concerns about deteriorating quality at the EPO.Jul 07 12:31
schestowitzAs was reported in a press release: ‘During his first tenure Mr Campinos has steered the EPO through a sweeping digital transformation, with staff switching rapidly to large-scale teleworking back in March 2020. Beyond the efficiency gains triggered by new online workflows and tools, digital transformation is also delivering major benefits for users. The large-scale use of videoconferencing for oral hearings in patent cases, for instance, gave Jul 07 12:31
schestowitzpatent applicants access to justice during the pandemic.Jul 07 12:31
schestowitzBy ramping up its consultation with users, the EPO has also redoubled efforts to maintain and enhance the quality of its products and services in recent years, while embedding sustainability more deeply across all aspects of its operations.Jul 07 12:31
schestowitzCommenting on his reappointment, Mr Campinos said: “It’s been a privilege to serve for a first term and I am honoured by this second mandate. I am looking forward to working with all colleagues and stakeholders, who have been so instrumental in our achievements to date and play a crucial role in helping us to build a global patent system that meets the needs of the innovation community.”‘Jul 07 12:31
schestowitz_____________________________Jul 07 12:31
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schestowitz24 commentsJul 07 12:31
schestowitzEnough is enoughJul 07 12:31
schestowitzJUNE 30, 2022 AT 10:42 AMJul 07 12:31
schestowitzThe tail is definitely wagging the dog.Jul 07 12:31
schestowitzHow can a project like CA 32/22 sail through as it has doneJul 07 12:31
schestowitzIt is not a good day for the EPO/EPC and its staff! A head of an office who insults his staff as he did, should have been removed. This is the more so in that this person has showed at many occasions that it does not have the maturity and peace of mind required for holding such a positionJul 07 12:31
schestowitzLet’s hope that this decision will not be regretted by lots of people!Jul 07 12:31
schestowitzCaballeroJul 07 12:31
schestowitzJULY 1, 2022 AT 8:58 AMJul 07 12:31
schestowitzWill the old dog and its aging tail beabel to learn some new tricks?Jul 07 12:31
schestowitzAttentive ObserverJul 07 12:31
schestowitzJULY 2, 2022 AT 2:35 AMJul 07 12:31
schestowitzWith enough dow, I mean dog food, the old dog will never be able to learn some tricks.Jul 07 12:31
schestowitzHe would be too frightened not to get any dog food!Jul 07 12:31
schestowitzKayJul 07 12:31
schestowitzJUNE 30, 2022 AT 1:07 PMJul 07 12:31
schestowitzAlso not a single word about complying with the EPC by the management and its supervisors?Jul 07 12:32
schestowitzArt. 4a EPC?Jul 07 12:32
schestowitzThe silence is stunning.Jul 07 12:32
schestowitzI wonder if anyone at the meeting even referred to the petition even once…Jul 07 12:32
schestowitzCaballeroJul 07 12:32
schestowitzJULY 1, 2022 AT 8:58 AMJul 07 12:32
schestowitzWhat did they talk about?Jul 07 12:32
schestowitzAttentive ObserverJul 07 12:32
schestowitzJULY 2, 2022 AT 8:03 AMJul 07 12:32
schestowitzThe EPC is being degraded to abide by the wishes of the head of the EPO helped in this endeavor not only with the help of the organ meant to control it, the AC, but also by the BA/EBA which is obeying orders coming from the tenth floor.Jul 07 12:32
schestowitzJust look at G 2/19 under his predecessor and at G3/19 or G1/21 under the present one.Jul 07 12:32
schestowitzWhen the chair of the BA and the head of the EPO sign a MoU about bringing the BA back in town, it is farcical and cannot be taken seriously.Jul 07 12:32
schestowitzOne thing has to be acknowledged, the present tenant of the 10th floor is good at the show.Jul 07 12:32
schestowitzAll the documents stemming from the 10th floor are full of blooming meaningless management buzz words. A noticeable performance.Jul 07 12:32
schestowitzAs far his personal behavior is concerned, the performance is as well noticeable, but certainly not in a positive way.Jul 07 12:32
schestowitzConcerned observerJul 07 12:32
schestowitzJUNE 30, 2022 AT 1:35 PMJul 07 12:32
schestowitzWell, it seems that “Mobility Package” (CA 32/22) devised by the President certainly helped the AC delegations to overlook an abject failure to meet a (supposed) key performance indicator, namely restoration of social peace.Jul 07 12:32
schestowitzAlso, with the President refusing to release the recording of the meeting in which he allegedly used foul language throughout, I suppose that the AC could feign ignorance of any reasons to reprimand, discipline or perhaps even dismiss the President for gross professional misconduct.Jul 07 12:32
schestowitzWelcome to the 21st century EPO, where the concepts of the rule of law, democracy and transparency are interpreted in a truly Orwellian fashion.Jul 07 12:32
schestowitzCaballeroJul 07 12:32
schestowitzJULY 1, 2022 AT 9:05 AMJul 07 12:32
schestowitzPeace is an agreement by two parties, if that cannot be reached Adam Smith’s invisble hand and Charles Darwin’s survival of the fittest may take over, Filing statistics over the last decade show some of the major players having reduced their filings already. For the moment ths slack is more than made up by new players, But can and will this last?Jul 07 12:32
schestowitz(rhetoric question)Jul 07 12:32
schestowitzExaminer FerdinandJul 07 12:32
schestowitzJUNE 30, 2022 AT 8:54 PMJul 07 12:32
schestowitzMaybe it has little to do with this discussion, but I hear a lot about rule, law, quality, etc. from some colleagues and now I see the same terms being used here and I decided to share what I honestly think of these people. They are the most difficult people to work with because they are very little collaborative, work as least as they can, can only complain and spread bad mood, are totally applicant adverse and claim to deliver the best quality Jul 07 12:32
schestowitzbeing though able to focus only on very formalistic aspects without going to the substance of their own or others‘ files. Typical of these examiners is to raise almost exclusively clarity objections as to unfounded missing essential features or goals to be achieved which are easy to be raised simply comparing claims and description and do not require a real understanding of the application (and of the prior art). They annoy other examiners with Jul 07 12:32
schestowitzobservations on not adapted description to the claims, generic sentences they don‘t like in the description, formulation of computer or method claims not fully to their taste, etc. without giving any contribution to the substantial analysis and understanding of the application, and finally they deliver the worst searches because they carry out them in the least time as possible. Sorry for my vent, but I am bit fed up of these colleagues and I want Jul 07 12:32
schestowitzto let external users beware of those ones filling their mouth with law, rule or quality: they are the ones providing the worst service to you and causing the most troubles to the Office, including blocking any change and innovation in our work. I understand that here it is about criticizing the management of the EPO and I do not completely disagree with this even if I find most of the people newly appointed to the mid management capable and Jul 07 12:32
schestowitzpleasant. But I have very little to do with managers, and my concerns and troubles origin mainly from peer examiners who constantly talk about law, legality, rule, convention, constitution, … and simply do a bad job (of course their statements can be generally considered right but clash with their work behaviors, and they would better concentrate on their own job and less harm colleagues and applicants – I met too many of the kind, they are Jul 07 12:32
schestowitzfortunately not the majority and become less and less with the time)Jul 07 12:32
schestowitzRule of Law ExaminerJul 07 12:32
schestowitzJULY 1, 2022 AT 12:15 AMJul 07 12:32
schestowitz@Examiner FerdinandJul 07 12:32
schestowitzYou seem to complain about colleagues who are little collaborative and difficult to work with. But contrary to you, they don’t post against their peers publicly. Only management does that. Battistelli had for instance said that examiners are the “losers of the industry”.Jul 07 12:32
schestowitzYou link honorable claims such as the Rule of Law to difficult colleagues. This is exactly what Campinos said about staff when the Work-to-rule actions started : “Staff is difficult”Jul 07 12:32
schestowitzAre you aware that EPO staff was not even allowed to demonstrate on the Office premises (contrary to Greenpeace) and was thrown away on the streets again?Jul 07 12:32
schestowitzYou should rather be shocked by what EPO management does instead of focusing on a few colleagues you despise and who make you make wrong generalizations.Jul 07 12:32
schestowitzAdam BrownJul 07 12:32
schestowitzJULY 1, 2022 AT 6:55 AMJul 07 12:33
schestowitz“formulation of computer or method claims not fully to their taste”Jul 07 12:33
schestowitzEPO rewrite the rules, those kind of patents should go straight to the bin.Jul 07 12:33
schestowitzInstead of an EPO following the Law, they are spécialistes in bending the rules to do whatever they want, knowing that they operate in impunity.Jul 07 12:33
schestowitzNot an examinerJul 07 12:33
schestowitzJULY 1, 2022 AT 7:54 AMJul 07 12:33
schestowitzSo, if I get you right, if your colleagues have lost their motivation, it’s entirely their fault?Jul 07 12:33
schestowitz(On your answer to this question will depend your future managerial career at the EPO.)Jul 07 12:33
schestowitzBut indeed your post had little to do with the discussion.Jul 07 12:33
schestowitzCaballeroJul 07 12:33
schestowitzJULY 1, 2022 AT 9:09 AMJul 07 12:33
schestowitzHow refreshing to read someone form th other side of the fence. I bet, considering approval ratings on economic conditions and the level of interest of job responsibilities at the EPO, you are not alone. I amsure that there is room for improvement, but peace is an agreement between two parties.Jul 07 12:33
schestowitzcritical examinerJul 07 12:33
schestowitzJULY 1, 2022 AT 2:53 PMJul 07 12:33
schestowitzDear Ferdinand,Jul 07 12:33
schestowitzYour posting sounds like trolling, i.e., moving the discussion in another direction. There are always good and bad examiners, like managers, attorneys, etc. So that’s nothing new under the sun.Jul 07 12:33
schestowitzI wish though to comment on one pearl of wisdom that you shared with us. Missing essential features in the description means that the invention is insufficiently disclosed. Of course then they would miss also in the claims and once you grant the patent there’s not much you can do about it, since clarity is not a ground for opposition. I’ve dealt with such a case myself and in the opposition division we felt very frustrated that our hands were Jul 07 12:33
schestowitzbound.Jul 07 12:33
schestowitzYou know why it happened? It’s because colleagues are pressured by the management to produce as much as possible. Your general criticism of your colleagues and your excepting the management sounds a bit arrogant and doesn’t earn you much sympathy.Jul 07 12:33
schestowitzWarf WarfJul 07 12:33
schestowitzJULY 3, 2022 AT 10:41 AMJul 07 12:33
schestowitzI sense here the so called-comer, frustrated that his career, pension be not at the level of the those who will soon live the EPO to his relief (read the previous generations of EPO examiners who built the success story EPO in which our beloved Ferdinand now works).Jul 07 12:33
schestowitzFerdinand why didn’t you stand to staff reps elections to change and improve things you dislike ?Jul 07 12:33
schestowitzBeing a spectator is easy, acting requires motivation and work but may lead to changes you know. Perhaps that your contribution will contribute to establish the wonderful managerial vision you seem to have of a modern EPO ?Jul 07 12:33
schestowitzAttentive ObserverJul 07 12:33
schestowitzJULY 1, 2022 AT 3:07 AMJul 07 12:33
schestowitzThere is no difference between a group of examiners and a group of people: Gauss’ distribution applies.Jul 07 12:33
schestowitzBut what is told to us by examiner Ferdinand could have been conceived by people having contributed to CA 32/22!Jul 07 12:33
schestowitzAs examiners are still for a wast part of them in home office, how can Ferdinand be so positive and report conversations which should have occurred.Jul 07 12:33
schestowitzI would thus take his testimony not just with a piece of salt, but with a barge full of it.Jul 07 12:33
schestowitzAnother explanation: Ferdinand would like to become a manager.Jul 07 12:33
schestowitzTo sum it up, I have great difficulties in following what Ferdinand has told us. It rather looks fabricated by the PR department.Jul 07 12:33
schestowitzWowJul 07 12:33
schestowitzJULY 1, 2022 AT 8:09 AMJul 07 12:33
schestowitzWell, it is the first time that I hear an EPO examiner insult his colleagues so candidly, but you are entitled to your opinion.Jul 07 12:33
schestowitzWould it be defamation if an EPO employee stated without evidence that, on the contrary, he or she observed that the EPO employees who have had the most success in their career at the EPO are those who care the least about their colleagues and about the applicants?Jul 07 12:33
schestowitzA thousand words or just a picture?Jul 07 12:33
schestowitzJULY 1, 2022 AT 8:21 AMJul 07 12:33
schestowitzhttps://dilbert.com/strip/2002-09-11Jul 07 12:33
-TechBytesBot/#techbytes-Dilbert Comic Strip on 2002-09-11 | Dilbert by Scott AdamsJul 07 12:33
schestowitzIt has nothing to do with this discussion but I like it.Jul 07 12:33
schestowitzConcerned observerJul 07 12:34
schestowitzJULY 1, 2022 AT 3:33 PMJul 07 12:34
schestowitzVery amusing. I can see why you thought that cartoon had nothing to do with the current discussion. 😉Jul 07 12:34
schestowitzExaminer FerdinandJul 07 12:34
schestowitzJULY 1, 2022 AT 10:51 PMJul 07 12:34
schestowitzsorry for having distracted you from your considerations on Orwell, Darwin, Presidents, Greenpeace, etc. I must admit I don‘t know by heart Art 4a and CA 32/22 and I cannot tell why so many people are demotivated, but be sure that they are not so few and among the ones since longer in the office are the majority, I would say (maybe I will be like them in twenty five years, if I don‘t retire before with sixty …). Essential features for the Jul 07 12:34
schestowitzinvention missing in the description are a matter of Art 83, in any case the frequent and annoying discussions brought up by those examiners are on features actually NOT essential to the invention because they are raised regardless of what the invention is and what the prior art teaches (an easy way to raise objections without spending time to really understand and properly search/examine the application and the relevant prior art). Typical example: Jul 07 12:34
schestowitza feature renders novel and inventive a claim (or maybe not, usually they don’t even determine that), they look with the magnifying glass where that feature is described together with a further detail in the description and they arrogantly force the applicant (or the first examiner as chair) to claim also that detail without any plausible reason. They barely engage them selves in other questions but they do the above in a consistent and definitive Jul 07 12:34
schestowitzway. There are of course many other similar examples, but I can promise you, they all have very little to do with the EPC or the guidelines. And it could be typical/possible only for certain fields (like security applications, for example). I will stop here, I wanted to signal this anomaly of many of our colleagues, I will survive with it and if you don‘t bother, especially you attorneys, then it is fine, I don’t count anything, but still I Jul 07 12:34
schestowitzdon‘t find it normal (and sorry to tell you, I am more concerned about these things than other high level issues discussed here). If I may, a very last concern from my side (only for our inner circle): why do examiners have to compensate for all outages caused by BIT, which is rightly committed to the long-due digitization and modernization of our outdated system, but seems to not understand (or pretends to …) that every outage causes work Jul 07 12:34
schestowitzovertime for us, which is in principle Ok with the flexibility and salary we have, but could be used for better purposes. Gruß, F.Jul 07 12:34
schestowitzAttentive ObserverJul 07 12:34
schestowitzJULY 4, 2022 AT 10:23 AMJul 07 12:34
schestowitz@Examiner Ferdinand,Jul 07 12:34
schestowitzI honestly fail to understand what your last entry has to do with the reappointment of the president.Jul 07 12:34
schestowitzYour acknowledgment that you really do not know what Art 4a or CA 33/22 means that you have no feeling whatsoever about the political environment in which the EPO moves.Jul 07 12:34
schestowitzThis is what matters at the moment and not how some divisions act or not act.Jul 07 12:34
schestowitzAt the end of his time, the predecessor on the 10th floor published a document heralding all his achievements especially in IT matters.Jul 07 12:34
schestowitzShortly after taking office ether new one published a document showing that his predecessor had left the IT system in tatters. With the help of aficionados from the Iberian peninsula he started changing the IT systems. The problem is that the IT systems should be helping staff and not hindering it.Jul 07 12:34
schestowitzThe decisions taken in the higher spheres show are profound lack of understanding of the legal basis and procedures in grant and opposition. I could even add a profound disdain of all this.Jul 07 12:34
schestowitzThis is also shown by the various amendments to the procedure without any legal basis in the EPC. There are mechanisms to amend the EPC, but they are carefully ignored.Jul 07 12:34
schestowitzSorry for you, but you missed the correct forum to utter your grapes about colleagues and about the IT systems in the office!Jul 07 12:34
schestowitzIt is your good right to think those a minor problems, but they should not find their way in a blog which deals with much more important matters.Jul 07 12:34
schestowitzYour opinion is respectable like any other, but I would be much more selective in the forum you chose to utter it. I would advise you to keep quiet for a while, or at least contribute meaningfully to the post!Jul 07 12:34
schestowitzthe greener grassJul 07 12:34
schestowitzJULY 4, 2022 AT 10:59 AMJul 07 12:34
schestowitzIt is understandable that after two years of pandemic going into a war-infused inflation causes difficulties to maintain one’s mental hygiene. It is understandable that when your employer uses these circumstances to further deprive your or your children’s benefits does not help either. It is also understandable that some reach a boiling point that end up a comment on a public blog openly complaining about one’s fellow colleagues.Jul 07 12:34
schestowitzIt is all understandable… once.Jul 07 12:34
schestowitzBut are you seriously going to bring up specific examples from your work, that you, personally, do not agree with, each time this blog addresses an issue relating to the management and the possible future of the European patent system?Jul 07 12:34
schestowitzDid this blog provided too much space for discussion? Are we facing EPO’s very own troll army?Jul 07 12:34
schestowitzIt is hard not to notice how the level of discussion under EPO topics degrading, even on this blog.Jul 07 12:34
schestowitzI hope I’m wrong.Jul 07 12:34
schestowitzPuzzled subject of the presidentJul 07 12:34
schestowitzJULY 2, 2022 AT 12:23 AMJul 07 12:34
schestowitzHow in the 21st century international organisations such as the EPO can still be exempt of respecting basic democratic principles and human rights baffles the mind.Jul 07 12:34
schestowitzAs a public organisation the EPO should actually be setting examples in these areas. Checks and balances are implicitly needed for this. None are available currently.Jul 07 12:34
schestowitzCurrently however we are moving closer to medieval times than ever before. One president in charge of both business and social security. Dare I remind you that international organisations are both a business and a state? All EPO member states have a democratically elected government. The EPO is still ruled in a feudal manner for both business and state matters. A single person has power over life and death (literally as this also covers all Jul 07 12:34
schestowitzhealthcare matters) of EPO employees, and staff has absolutely no influence in the election of its head of state or government. I understand that the business side of things can be run like any other company. But the Eponia side of things should at least attempt to maintain the apparent effort of meeting the minimum democratic standards of its member countries, while also respecting basic human rights.Jul 07 12:34
schestowitzFurthermore an independent competent court to actually rule on all matters (not just formal matters like ILO-AT) is more than overdue. I’m looking at you ECHR…Jul 07 12:34
schestowitz( Should I also mention that nepotism and corruption are legal at the EPO and no one seems to care?)Jul 07 12:34
schestowitzInternational organisations were made independent of states for many reasons, but not in order to operate in a lawless vacuum. Unfortunately this is the case and the current breed of state-managers is drunk on unlimited power.Jul 07 12:35
schestowitzFossileJul 07 12:35
schestowitzJULY 4, 2022 AT 2:21 PMJul 07 12:35
schestowitzExaminer Ferdinand,Jul 07 12:35
schestowitzWhile examination should be substantive and indeed not formalistic,Jul 07 12:35
schestowitzArt. 83 and 84 EPC are clearly formulated as requirements, and included in the “requirements” section of both the EPC and the case law book. None of this is the case for novelty and inventive step.Jul 07 12:35
schestowitzPutting the emphasis mainly on the latter was fine decades ago, when applications were filed after the implementation of something real (leading to a sufficient disclosure by the engineer-researcher), the detailed description was not edited by the attorney, who normally drafted clear claims.Jul 07 12:35
schestowitzNowadays this is usually no longer the case.Jul 07 12:35
schestowitzIf the claims are not clear, people (potential targets of future patent right holders) will understand them in different manners, or not understand at all what is meant without relying on the description, I guess you can see why this should then never be the case. If the claims do not define the invention, you cannot expect people (potential targets) to read the description for each patent and find this out by themselves, so it is necessary that Jul 07 12:35
schestowitzthey include essential features.Jul 07 12:35
schestowitzRe. disclosure, this is the cornerstone, justification for the patent system, i.e. the most important of all, before clarity.Jul 07 12:35
schestowitzThese are fundamental requirements which must be fulfilled first, before patentability. They must be assessed in view of the common general knowledge of the skilled person (normally books, e.g. usually not the same as prior art documents).Jul 07 12:35
schestowitzComments are closed.Jul 07 12:35
schestowitz"Jul 07 12:35
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schestowitz"If I have time I’ll mention that there’s a lot of toxicity on there and I’ll get into how moderation works.Jul 07 14:13
schestowitz The technical detail I gloss over is that Mastodon is a hosted server-side application and that there are many Mastodon servers." gemini://idiomdrottning.org/what-fedi-isJul 07 14:13
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schestowitzhttps://www.fosslife.org/opensuse-microos-purpose-built-containersJul 07 19:08
-TechBytesBot/#techbytes-www.fosslife.org | openSUSE MicroOS Is Purpose-Built for ContainersJul 07 19:08
schestowitz"Jul 07 19:08
schestowitzopenSUSE MicroOS is geared toward hosting containerized workloads with automated administration and patching, says Jack Wallen, who recently took it for a spin.Jul 07 19:08
schestowitzThis open source Linux operating system, Wallen says, is “an outstanding option for those looking to deploy an OS purpose-built for containerized applications. It’s small, extremely fast and secure.”Jul 07 19:08
schestowitzRead more at TechRepublic.Jul 07 19:08
schestowitz"Jul 07 19:08
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