IRC: #techbytes @ Techrights IRC Network: Sunday, November 07, 2021

-TechBytesBot/#techbytes-@Count58368003: @schestowitz As many as it takes for Arab parents to keep their teens at home.

https://twitter.com/glynmoody/status/1456984748224663554

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-TechBytesBot/#techbytes-@glynmoody: if you want to be gobsmacked, read this story... https://t.co/rcwvIl8VW0

-TechBytesBot/#techbytes-@schestowitz: ● NEWS ● #Techdirt #police ☞ #Austin Homeowners Association Pitches In To Help Cops Kill A Guy Over Uncut Grass https://t.co/CYqmNowSuS

https://twitter.com/0xFreak71/status/1456981225768370185

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-TechBytesBot/#techbytes-@0xFreak71: Καλά, πάρτε τα @@ μου προς το παρόν :P https://t.co/EqgJqG9atG

-TechBytesBot/#techbytes-@schestowitz: ● NEWS ● #TorrentFreak #copyright #copyrights #dk #denmark ☞ Digital Textbook Sharer Handed Suspended Prison Sente… https://t.co/BmQ3POPfem

https://nitter.eu/AlisonW/status/1456978534065442822

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-TechBytesBot/#techbytes- ( status 429 @ https://nitter.eu/AlisonW/status/1456978534065442822 )

https://nitter.eu/zoobab/status/1456943214234152965

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-TechBytesBot/#techbytes-nitter.eu | zoobab "NO Software Patents" (@zoobab): "Interpretative Declarations can be used when the treaty is unclear, which is not the case here. This is a gross abuse of the VCLT. They were used in CETA, but nothing to overhide the treaty itself @PaulMagnette" | nitter

https://twitter.com/glynmoody/status/1456921071735779333

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Nov 07 00:14

-TechBytesBot/#techbytes-@glynmoody: good film about a really bad situation... #climatecrisis https://t.co/SE0uGPaBFm

Nov 07 00:14

-TechBytesBot/#techbytes-@schestowitz: ● NEWS ● #TheEconomist #Environment ☞ This is what 3°C of #globalwarming looks like https://t.co/kdmMrMPgTV

Nov 07 00:14

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Re: About the Mastodon stuff

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Hi xxx, mind if I posted the response and did a video response to it?

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Regards,

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Roy

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Nov 07 05:59

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Nov 07 06:59

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> Sure, no prob. I trust your criteria, as usual.

Nov 07 06:59

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As usual, thanks for your amazing and tireless work Roy.

Nov 07 07:02

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xxxxx.

Nov 07 07:02

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PS: my wife suggested me to use what's possibly my favourite meme for this. I couldn't resist, so it goes attached.

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Nov 07 08:29

schestowitz

<li>

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<h5><a href="https://www.makeuseof.com/best-debian-based-linux-distros/">The 10 Best Debian-Based Linux Distributions</a></h5>

-TechBytesBot/#techbytes- ( status 404 @ https://www.makeuseof.com/best-debian-based-linux-distros/">The/ )

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<p> The standard Debian and its popular offshoot Ubuntu are great, all-around choices for a Linux system, but if you have more specialized needs, you might want a Debian alternative. </p>

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<p> Here's a list of the best Debian-based distributions that offer robust features and a stable environment to Linux users. </p></blockquote></li>

http://ipkitten.blogspot.com/2021/10/breaking-mercer-review-on-uk-patent.html?showComment=1635854689038#c8494675510570051721

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Nov 07 14:39

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-TechBytesBot/#techbytes-ipkitten.blogspot.com | BREAKING: Mercer Review on UK patent attorney exams released - The IPKat

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"Some clients just file patents to cover their own products, building up a massive defensive portfolio and could not care less what competitors do."

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This is a contradiction in terms. A "defensive" portfolio is necessarily one that is infringed when someone tries to use the subject matter that is "defended". They most definitely should care when their competitors do that.

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It is of course true that some portfolio managers misguidedly, and without realising what they are doing, favour excessively narrow claims that are very unlikely under any circumstances to be infringed, with the idea that this saves prosecution costs. As external counsel you should of course give the client what they ask for - but this is still done with the goal of having something that under the right circumstances is infringed and valid.

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"I don’t have the stats to hand but the majority of patents are not enforced."

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No portfolio manager can know for sure which of their patents, if any, these are. Maximising the chance that any one of them will be useful is the goal.

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"In the real world, a patent has to be valid first. An invalid patent is useless for infringement. Plus, you can’t just claim whatever is infringed and hope for the best."

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Which is great, because the ability to do this is what P6/FD4 aims to test, and tests in a way that is not excessively expensive or requires excessive amounts of time off work to attend various university courses. It tests it by presenting the examinee with prior art and a patent to be avoided or maintained in an infringing form, something no other exam that UK attorneys take actually tests.

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I really am confused by people who say that since they only handle EP work, I&V is not relevant. Just what do they think opposition work is ultimately about? Why do they think people oppose patents if not primarily, most of the time, because they are worried about infringing them? And what is the typical goal of the proprietor who is aware of an infringement normally other than to, most of the time and if they can, maintain claims that are infringed?

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I think most EP attorneys in reality do (or should) keep in mind potential infringements when drafting, e.g., ARs, and as such are actually doing I&V work whether they accept it or not.

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http://ipkitten.blogspot.com/2021/06/carpmaels-ransford-sued-for-missed.html?showComment=1635772663600#c2037750047106044606

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Nov 07 16:44

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-TechBytesBot/#techbytes-ipkitten.blogspot.com | Carpmaels & Ransford sued for missed appeal deadline - The IPKat

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"Looks like Carpmaels can breathe a sigh of relief: https://www.managingip.com/article/b1v7hspkqds9fm/carpmaels-escapes-1bn-claim-in-basf-patent-row"

-TechBytesBot/#techbytes-www.managingip.com | Carpmaels escapes €1bn claim in BASF patent row | Managing Intellectual Property

http://ipkitten.blogspot.com/2021/11/are-diagnostic-methods-patentable.html?showComment=1635776702924#c2355341584306715230

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Nov 07 17:22

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-TechBytesBot/#techbytes-ipkitten.blogspot.com | Are diagnostic methods patentable? - The IPKat

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Fascinating stuff, on how different statutes and different courts find different ways to delineate their boundary to patent-eligibility. Stuck with the words of their respective patent statute, courts are proving quite inventive in their efforts to deliver BOTH reasonable legal certainty to competitors AND a fair scope of protection to inventors, while honouring the basic premise of any functional patent system, namely to promote (and not hinder)

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the progress of useful arts. Can there be any doubt that society needs mechanisms (I'm thinking here of patent rights) to promote the progress of methods of accurate diagnosis?

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There is much musing, currently, on whether an AI tool can devise and enable a new solution to an objective technical problem. With the reminder above, that "careful drafting" is a sine qua non, when it comes to discovering and defining a patentable invention in diagnosis, I'm thinking that it might still be quite some time till an AI serves up a functional embodiment of an invention but certainly it will take a good deal more time till the AI can

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discover what is the inventive concept that requires to be defined in the claim.

http://ipkitten.blogspot.com/2021/10/breaking-mercer-review-on-uk-patent.html?showComment=1636031064185#c1513385085096262288

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In other words, even if when it becomes routine to name an AI tool as one of two or more inventors, I am sceptical whether we shall ever get to the point of naming exclusively as inventor(s) one or more AI's. Perhaps what will come first is the stage when AI's routinely draft our patent statutes?

Nov 07 17:37

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Nov 07 17:37

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-TechBytesBot/#techbytes-ipkitten.blogspot.com | BREAKING: Mercer Review on UK patent attorney exams released - The IPKat

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No contradiction - defensive patents are to stop your competitors asserting it against you. You are assuming patents are only used offensively.

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They key word is “aims” to test this. I am yet to hear how the current exam is doing this in a satisfactory way, as backed up by the Mercer Review. The burden of proof lies with those making this claim. 2018 changing pass mark after setting poorly thought out paper, 2020 one of the highest pass rates when candidates had more time. Doesn’t seem like IV understanding is the deciding factor.

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We are in agreement re. EP and hearing point, which doesn’t help your argument since there is no requirement to pass an infringement exam to do contentious work at the EPO, yet so many attorneys, including non UK EPAs and non-qualified UK EPAs can do this!

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For the record, I am dual qualified and work on I&V.

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Nov 07 22:12

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> But my message wan't about that. I wanted to clarify a small detail on

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> your comment about free speech.

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My bad. My mistake. This isn't the first time that my unscripted, unprepared videos end up leading to a misunderstandings. With text I can slow down a bit and rephrase for clarify, but not with video, where I also become conscious of my face being on camera. My last video was so lousy that I forgot to turn on NoiseTorch, which meant there was background sound; heck, you can hear my wife eating with the fork. LOL!

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> I know "free speech" is older than XVII century. "Free speech" is

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> actually kinda the reason Socrates was condemned, so the thing really

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> goes way back in time.

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> What I wanted to say is that today's concept has its history, and it's

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> not some ex-nihilo natural happening, nor any great idea of a single

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> nation/people/country/etc.

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I didn't mean to suggest you don't know history, just to clarify that this is like an eternal issue, which probably applies at some levels to other primates, like monkey alphamales.

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> When I mentioned science and its relationship with the church, it was

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> just to point some origin with consensus. But history is actually a

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> proccess, and making cuts to it is always arbitrary: there's always lots

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> of details left out, because of different reasons.

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> But I'm also aware I write long texts for internet standards, that even

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> mix up several different issues: my texts are more like

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> worldview-building tales rather than short to-the-point articles. Even

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> if it was an email for you, It feels wrong to ask others to read that

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> much from me, as if I were some VIP writer with oh-so-big ideas: I'm

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> not, I just wanna say things I believe are not being said frequently

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> enough (in this case, in the free software community). And english

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> doesn't makes it easy for me, to be honest. So, I didn't want to make

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> the text longer and longer by rambling just to be more precise on the

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> issues. That's why I ended up saying something in the lines of "look,

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> free speech comes from science in the XVII century, period". I know it's

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> not like that, and I didn't wanted it to sound like that.

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English isn't my best language either; but I use it the most and it is expressive enough. The wife speaks 5 languages. In the home we mix lots of languages.

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> However, I did wanted to link actual concepts with that period in time.

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> Renaissance, followed by French and Industrial revolutions, are part of

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> the core historical events that gave place to what we call Modernity,

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> and we're deep inmersed in its rationale. That's why I picked XVII century.

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> Whatever, I'm about to begin rambling and mixing everything again, so

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> I'll get to my points of this message:

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> - Didn't tried to make a revisionist history, but a critic of

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> present-time concepts. I went to history to point out that this is not

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> just something I'm making out for the sake of the argument, and it's

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> stuff that affect us all in different ways.

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> - Wanted to explicitly expose free speech as we know it as a modern

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> ideological trait, clearly closer to liberalism (in its historical

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> sense). Free speech doesn't have the same value (or form) in other

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> ideologies. This context matters.

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> - For the ideological contrast, added marxism to the equation, because

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> it came from the same age (Karl Marx has a response to Adam Smith barely

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> a generation later) and has cultural opposite points to liberalism. That

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> gives perspective, both historical and philosophical.

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> - But most important of all: I tried to state free speech as a crucial

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> tool to fight dogmatic thinking, in contrast to a malicious "I say

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> whatever I want" rationale I see proliferating over all Internet under

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> the banner of "free speech". "Whatever I want" is about me, and has more

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> to do with consumerism, colonialism, and several other neo-liberal

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> traits, rather than "empowering users". "Dogmatic thinking", on the

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> other hand, is about our standards of truth as a group (to nobody's

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> surprise, a concept today in crisis). This are radically different

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> things, and both are crossed by the "free speech" concept. The "freedom

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> of speech" from science is VERY different from the one neo-liberal

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> societies do (the "free speech" from Gab), and free software communities

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> needs to understand this differences: which are not comprehensive (as

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> your own points illustrate), and can't be submitted to simple and

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> generic ideas of freedom.

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Not everyone on Gab is evil, based on what I saw when I quit the site. But the loud majority is what makes Gab... GAB.

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To me, these sites became a straw man to autocrats looking to also silence people like me. They like to equate people "too far" on one wing to the other.

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Earlier today this was mentioned along the way in https://www.youtube.com/watch?v=FQr8eosUU3k

-TechBytesBot/#techbytes-www.youtube.com | Interview with a Communist - YouTube

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That's near to us (a mile away); I disagree with them, but saw this an hour ago.

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Notice how openly people can do this; I think in the US some thugs would harass them because of their divisive culture wars. Here? People just walk by. Manchester is very tolerant. Racially, religion... you name it. Sometimes we help disabled people in the street. I think London is equally tolerant.

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> I believe I've failed miserably in making such points. But I'm used to

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> it, so no big deal. Yet, I didn't wanted you to keep that "churches and

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> kings" idea from what I said about free speech.

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