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schestowitz> Dear Roy,Nov 08 07:37
schestowitzHi :-)Nov 08 07:38
schestowitz> I wish Techrights an happy birthday.Nov 08 07:38
schestowitzThank you!Nov 08 07:38
schestowitz> I read most of your articles,Nov 08 07:38
schestowitz> honestly not all, and 100% of the articles about the  EPO.Nov 08 07:38
schestowitzNowadays we cover EPO only when there's something important and new to tell. Which isn't often :/Nov 08 07:38
schestowitz> I am perfectNov 08 07:38
schestowitz> in line with your wievs about the bloating of technologies, hardwareNov 08 07:38
schestowitz> software, bandwidths. All this "evolution" is the result of marketingNov 08 07:38
schestowitz> b...s... trying (with success so far) to make systems obsolete as soonNov 08 07:38
schestowitz> as they are sold. I try in my surroundings my best to explain this abuseNov 08 07:38
schestowitz> which is contrary to the common sense, expensive and unsustainable. INov 08 07:38
schestowitz> revive old PCs with Linux distros.  But I am not optimist....Nov 08 07:38
schestowitzI think optimism is only healthy until it leads to betrayal and frustration... like personal bankruptcies.Nov 08 07:38
schestowitz> I wish you a nice weekend and many thanks for your coverage of the EPONov 08 07:38
schestowitz> affairs.Nov 08 07:38
schestowitzThanks!Nov 08 07:38
schestowitz> Unfortunately not able to sign with my name for obvious reasonsNov 08 07:38
schestowitzThat's OK. Nice to know insiders care for the site. Just wish we had more "signal" from EPO, SUEPO and CSC. It's understandable it's even harder now with no physical access to the premises. Regards,Nov 08 07:38
schestowitzhttps://joindiaspora.com/posts/19378103#f12f413003730139fce03a6137633966Nov 08 08:00
-TechBytesBot/#techbytes-@linux@joindiaspora.com: The #Microsoft Bear Hug β€’ πŸ†ƒπŸ…΄πŸ…²πŸ…·πŸ†πŸ…ΈπŸ…ΆπŸ…·πŸ†ƒπŸ†‚ ☞ http://techrights.org/2020/11/06/free-microsoft-hugs/ ‒●‒ #Techrights #GNU #Linux #FreeSWNov 08 08:00
schestowitz"MAFIA of inhuman "slave owners" mentality owners. hell is waiting for them..."Nov 08 08:00
-TechBytesBot/#techbytes--> techrights.org | The Microsoft Bear Hug | TechrightsNov 08 08:00
schestowitz>>> Great Schneier quote, too.Nov 08 08:08
schestowitz>>>Nov 08 08:08
schestowitz>>> For what it's worth TR has been ranking rather high in DDG andNov 08 08:08
schestowitz>>> Startpage.  Previously it was more or less invisible.Nov 08 08:08
schestowitz>> Someone mentioned that in IRC yesterday.Nov 08 08:08
schestowitz>>Nov 08 08:08
schestowitz>> Seems HTTPS leading to higher ranks might also be a myth, partly...Nov 08 08:08
schestowitz> I strongly suspect that result rankings are tweaked extensively manuallyNov 08 08:08
schestowitz> much more than they will admit.Nov 08 08:08
schestowitzIf not directly, than by algorithmic tweaks which favour one kind of stories over another. For someone's gain. See Bing scandals, as Chris E. noted more than a decade back when looking for the Ballmer chair incident.Nov 08 08:09
schestowitz>> /2020/11/03/github-is-social-control/ accessed about 8,500 times. That'sNov 08 08:10
schestowitz>> the one with the Friedman video in it.Nov 08 08:10
schestowitz>>Nov 08 08:10
schestowitz>> Should we look at DTP for more Friedman clips to identify parts ofNov 08 08:10
schestowitz>> interest? It is time consuming,  but may still be worth it.Nov 08 08:10
schestowitz> Yes, but even before I got to the end of that sentence, it came to mindNov 08 08:10
schestowitz> how time consuming it is.  However, there can be some gems.  A downsideNov 08 08:10
schestowitz> would be how much mindshare M$ had in much of the footage.Nov 08 08:10
schestowitzThat's why we want just clips/portions, not the whole. And it takes time. The payoff can be good.Nov 08 08:10
schestowitzRe: RMS Lessig Video 2001 San FranciscoNov 08 08:16
schestowitz> yes. Had issues with vlc - apparently only converts up to 1 hour?Nov 08 08:16
schestowitz> sound only - but almost there!!!Nov 08 08:16
schestowitzCheers, let me know when done, this way we can link/embed.Nov 08 08:16
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schestowitzhttp://ipkitten.blogspot.com/2020/10/hague-court-of-appeal-sets-dutch.html?showComment=1604228496191#c940708184851379274Nov 08 12:49
-TechBytesBot/#techbytes-ipkitten.blogspot.com | Hague Court of Appeal sets Dutch approach to equivalence, reversing District Court in pemetrexed saga - The IPKatNov 08 12:49
schestowitz"This is where the key point that I am making comes into play. This is because it is not entirely clear whether it is permissible for Eli Lilly to rely upon that post-filing data to support sufficiency and/or inventive step for the non-literal scope of their patent claims. To answer that question, one needs to decide whether, based upon the evidence, the disclosure of Eli Lilly's patent renders PLAUSIBLE the relevant technical effect (Nov 08 12:49
schestowitzof inhibiting tumor growth) for the "equivalent" salt forms. This is a question that, to date, the national courts in Europe appear not to have considered in any depth. Personally, I find this alarming, as it suggests that the patentability standards for non-literal claim scope are much lower than those for literal claim scope ... which simply cannot be right."Nov 08 12:49
schestowitz"Justice must be done...."Nov 08 12:49
schestowitzhttp://ipkitten.blogspot.com/2020/10/hague-court-of-appeal-sets-dutch.html?showComment=1604311577093#c6218271215513443603Nov 08 12:50
-TechBytesBot/#techbytes-ipkitten.blogspot.com | Hague Court of Appeal sets Dutch approach to equivalence, reversing District Court in pemetrexed saga - The IPKatNov 08 12:50
schestowitz"Nov 08 12:50
schestowitzAs to the question why Applicant did not fight against the 123(2)objection, my explanation is that to fight on the public file, and lose, leads to worse outcomes than not to fight at all.Nov 08 12:50
schestowitzApplicant got that judgement right, I think. But I'm no litigator. What do you think? Would Applicant have fared better in the courts if it had vigorously disputed the legitimacy of the Art 123(2) objection with the EPO Examining Division and then with the Technical Board of Appeal (and in the end still lost)?Nov 08 12:50
schestowitz"Nov 08 12:51
schestowitzhttp://ipkitten.blogspot.com/2019/07/cjeu-dismisses-red-bulls-appeal.html?showComment=1604496012092#c2936440223764118453Nov 08 12:51
-TechBytesBot/#techbytes-ipkitten.blogspot.com | CJEU dismisses Red Bull’s appeal concerning its colour combination marks - The IPKatNov 08 12:51
schestowitz"I think the application by the Polish company may have been in September 2011."Nov 08 12:51
schestowitzhttp://ipkitten.blogspot.com/2020/01/sheeran-v-chokri-part-2-admission-of.html?showComment=1604686595702#c5893814542647705321Nov 08 12:52
-TechBytesBot/#techbytes-ipkitten.blogspot.com | Sheeran v Chokri Part 2: Admission of similar fact evidence - The IPKatNov 08 12:52
schestowitz"Hi Anonymous. Just to clarify on your points, yes of course it would not be copyright infringement to use another's copyright protected work WITH permission or a licence (or within a copyright exception for that matter). Sample licences are very common in the music industry. These cases mentioned in my post are infringement claims brought by the copyright holders - meaning that they did NOT agree to the use of their work and thereforeNov 08 12:52
schestowitzbelieve it to be an infringement. Hope that clarifies any confusion. "Nov 08 12:52
schestowitz"Nov 08 12:52
schestowitzApparently, no one explained there is a BIG difference between LEGAL sampling with permission which is very common and ILLEGAL copying.Nov 08 12:52
schestowitzIt can NOT be ASSUMED that just because credit is shared that illegal copying has occurred.Nov 08 12:52
schestowitzSimply ASK the owners of the songs used as similar fact evidence , no need to analyze the songs.Nov 08 12:52
schestowitz"Nov 08 12:52
schestowitz"Nov 08 12:53
schestowitzThis is absolutely disturbing and unfair. Legal sampling in music is extremely common by ALL artists. All it would take is to ask TLC and Shaggy to provide a simple statement that permission was asked to sample /interpolate and a legal agreement was made. Intentional sampling /interpolation is a way for new songs to share the wealth with older songs whose income streams have dried up. It is a GOOD thing and is a proactive way to helpNov 08 12:53
schestowitzothers in the industry. It is NOT to be confused with illegal copying without permission.Nov 08 12:53
schestowitzAs far as "Oh Why" and "Shape Of You" the similarities are limited to extremely simplistic ,common , unoriginal elements. that are not even actually identical . It should be considered fair use of public domain elements.Nov 08 12:53
schestowitzIt also should be pointed out that Sheeran used very similar elements to those Chokri has claimed he copied in songs Sheeran released 4 to 7 years BEFORE "Oh Why"Nov 08 12:53
schestowitzThe "Photograph" case was settled out of court and though Sheeran shared the credit and royalties it should be noted that both parties agreed to NO GUILT on Sheeran's part. That is a significant detail and should be public record .Nov 08 12:53
schestowitzAlso a simple google search would reveal just about EVERY current artist making MONEY with their music is being sued for/accused of plagiarism, many multiple times. It is definitely a trend to pick apart songs to there most basic common elements and make a claim. EVERYONE making MONEY is a target.Nov 08 12:53
schestowitz"Nov 08 12:53
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schestowitz> Ok.  I'll see about working out how to modify the automation soon.Nov 08 22:21
schestowitz>Nov 08 22:21
schestowitz> PS The message arrived unencrypted.Nov 08 22:21
schestowitzVery odd. Maybe cause I started a new message rather than replies.Nov 08 22:21
schestowitzEither way, maybe I'll get used to the new Thunderbird software. It did this to me with other recipients as well.Nov 08 22:21

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