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libertyboxMinceR: ^Feb 09 00:40
MinceRniceFeb 09 00:43
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MinceRwho wrote that letter though?Feb 09 01:07
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schestowitz 09 08:45
-TechBytesBot/ | ILOAT: Former EPO president Battistelli violated staff's right of free association - Kluwer Patent BlogFeb 09 08:45
schestowitz"Feb 09 08:47
schestowitzConcerned observerFeb 09 08:47
schestowitzFEBRUARY 4, 2022 AT 11:26 AMFeb 09 08:47
schestowitzQuestion: how many fundamental rights enshrined in the ECHR can the EPO violate without consequence for the individuals responsible?Feb 09 08:47
schestowitzThe EPO has now been found (by a Dutch court, and the ILO-AT) to have violated two rights enshrined under Article 11 ECHR, namely the right to collective bargaining and the freedom of association. The consequences for doing this? Essentially nothing, other than relatively small “fines” imposed by ILO-AT and paid for by the Office (ie by funds provided by the EPO’s users).Feb 09 08:47
schestowitzAlso, in case Art. 23 1/16, the EBA held that the then President had violated the independence of the judiciary as guaranteed by Article 23(3) EPC. This corresponds to a violation of Article 6 ECHR. The consequences for the former President? None whatsoever.Feb 09 08:47
schestowitzIndeed, due to their privileges and immunities, it is difficult to imagine any of the responsible individuals ever suffering any adverse consequences, even for deliberate and malicious further violations of rights enshrined in the ECHR.Feb 09 08:47
schestowitzOf course, one consequence of the ability of the EPO’s management to act with impunity is that there will never be any access to TRUE justice for those whose human rights have been violated.Feb 09 08:47
schestowitzExhibit A: the ILO-AT’s decision to effectively approve the application of the UNLAWFUL provisions of CA/D 2/14 for the nearly EIGHT YEARS that it was in force prior to judgement 4482.Feb 09 08:47
schestowitzExhibit B: the Dutch Supreme Court’s decision to “pretend” that recourse to ILO-AT was an acceptable alternative to the right to collective bargaining. The insanity of that pretence is further reinforce by ILO-AT’s judgement 4482, as access to true collective bargaining would have prevented unlawful restrictions on the freedom of association from ever entering into force … as opposed to remaining in force for almost a decade before being Feb 09 08:47
schestowitzquashed.Feb 09 08:47
schestowitzHowever, perhaps the most worrying consequence of the immunity / impunity enjoyed by the EPO’s management (and the AC) is the fact that – as amply illustrated by the above-mentioned cases – there is literally nothing to prevent the EPO from engaging in further, potentially much worse violations of fundamental human rights.Feb 09 08:47
schestowitzSo why do the Member States not only tolerate this situation, but also participate (eg by way of CA/D 2/14) in enabling the abuses of human rights at the EPO? Have they no shame? Are they not obliged by their national laws to take action to prevent such abuses?Feb 09 08:47
schestowitzLightBlueFeb 09 08:47
schestowitzFEBRUARY 4, 2022 AT 1:03 PMFeb 09 08:47
schestowitzPerhaps a withholding of the former President’s pension rights might be appropriate.Feb 09 08:47
schestowitzAttentive ObserverFeb 09 08:47
schestowitzFEBRUARY 6, 2022 AT 2:05 PMFeb 09 08:47
schestowitzThrough the decisions of the ILO-AT it has now become abundantly clear that the tail was, and still is, wagging the dog.Feb 09 08:47
schestowitzIt is furthermore a scandal that the strike ruling has not been rescinded and still applies. Rather than resolve the problem, the present tenant of the 10th floor prefers to enact regulations relating to the UPC months before they are actually needed!Feb 09 08:47
schestowitzArt 4a has been superbly ignored by the two last people who rule the EPO as if it was their own property, or the money spent come from their private sources.Feb 09 08:47
schestowitzThis is a further series of scandals!Feb 09 08:47
schestowitzIn the past there have been years when the AC dared not to approve the president’s budget or some projects, like the new building of the EPO in Voorburg/Leidschendam, which ended in a round receptacle.Feb 09 08:47
schestowitzYears later, when the tower was so derelict that a new building had to be erected. It was not just a building, it was a prestige object, which was inaugurated whilst not finished, just to give the then tenant of the 10th floor the pleasure to meet the King of The Netherlands. Vanity is word which must be taught constantly at the ENA.Feb 09 08:47
schestowitzSince 2010 the tail is wagging the dog as the tenant of the 10th floor used the cooperation budget in order to get the votes in the CA as he wished. This has not changed with the new tenant of the 10th. I would say it is even worse. With online meetings of the AC, the possibility has been restricted, but at some time the members of the AC coming to Munich could be covered by the EPO insurance, and it is said that some dentist’s practices around Feb 09 08:48
schestowitzthe EPO were quite busy when there was an AC session.Feb 09 08:48
schestowitzSuch behaviour of the heads of the EPO is only possible due to the fact that in lots of votes, “smaller” countries have the same weight as the big contributors in applications. The EPO has grown too quickly without giving itself a mechanism commensurate with its expansion. The same is actually happening with the EU. Nothing against small countries, but they should be aware of their responsibility and not just rubber stamp proposals of EPO’s Feb 09 08:48
schestowitzmanagement.Feb 09 08:48
schestowitzIn order to increase the perception of the independence of the BA, they were exiled to Haar as retaliation. Now the BA should come back into town. And still, for a large extent, the same delegates sit in the AC. I would not bank that those people have a high notion of self-respect as they would now decide the contrary to what was decided a few years ago. But is the meantime it has cost the users of the EPO millions of € which have been wasted just Feb 09 08:48
schestowitzfor the vanity of an egomaniac.Feb 09 08:48
schestowitzThe former egomaniac had already reduced the salaries and wages. His successor has continued this destructive endeavour on the basis of fake financial studies which have been gobbled by delegations fearing a reduction of the cooperation budget.Feb 09 08:48
schestowitzNowadays, the head of the cooperation budget is the former chef de cabinet of the egomaniac. He can thus decide directly and does not have to send instructions down to DG5.Feb 09 08:48
schestowitzWith the “New Normal” and the teleworking scheme which should have been approved in the December session of the AC, some resistance of the bigger nations, e.g. Germany, The Netherlands, France and Switzerland (sorry if I forgot some) have started resisting. It is to be hoped that the AC comes back to his role of control institutions. I would be ashamed when realising that what I have decided is clearly considered illegal by the ILO-AT.Feb 09 08:48
schestowitzI reminds me an alleged say of Mao: the fish rots from the head.Feb 09 08:48
schestowitzConcerned observerFeb 09 08:48
schestowitzFEBRUARY 7, 2022 AT 11:37 AMFeb 09 08:48
schestowitzAnd so we now have further, concrete proof that the EPO never intended to stick to the crucial, but both ridiculous and unjustifiable, assumption underpinning the 2019 “financial study”, namely that fees would not increase in line with inflation:Feb 09 08:48
schestowitz 09 08:48
schestowitzIt is beyond a joke that the EPO is still basing its plans upon a “financial study” whose fundamental assumptions have consistently proven to be well wide of the mark. The real driver behind the creation of such a study is therefore becoming increasingly clear, namely the provision of a pretext to further degrade the working conditions and remuneration of the EPO’s (non-management) staff.Feb 09 08:48
schestowitzAttentive ObserverFeb 09 08:48
schestowitzFEBRUARY 8, 2022 AT 9:10 AMFeb 09 08:48
schestowitzDear Concerned Observer,Feb 09 08:48
schestowitzOne cannot but approve your statement!Feb 09 08:48
schestowitzFurthermore, one should not forget that the AC accepted the worse scenario presented by EPO’s administration.Feb 09 08:48
schestowitzThe level of gullibility of most of the delegations is awesome.Feb 09 08:48
schestowitzThe reasoning level in the AC seems to have lowered to a level which is hard to believe:Feb 09 08:48
schestowitzIf it comes from the management, it must be good.Feb 09 08:48
schestowitzIt is even better if we can keep, if not increase, our personal perks and the “cooperation” budget.Feb 09 08:48
schestowitzWhat those people do not realise is that they are sawing off the branch they are sitting on.Feb 09 08:48
schestowitzWith a very lopsided recruitment and a massacred training period the EPO will not be able to maintain the quality the management is proud of.Feb 09 08:48
schestowitzIn any case for the tenant of the 10th floor quality means expediency.Feb 09 08:48
schestowitzIt is only what can be measured!Feb 09 08:48
schestowitzWith the recent tenants of the 10th floor the EPO would never have become the success story it has been.Feb 09 08:48
schestowitzThe EPO is willingly run into the wall.Feb 09 08:48
schestowitzOne really wonders why?Feb 09 08:48
schestowitzExperienced ExaminerFeb 09 08:48
schestowitzFEBRUARY 8, 2022 AT 3:20 PMFeb 09 08:48
schestowitzJustice delayed is justice denied.Feb 09 08:48
schestowitzThese recent judgments together with earlier judgments on the right to strike (blog of July 13, 2021) have one thing in common: they arrive very, very late. The strike judgment took around 8 years, the election rules took about the same time, starting also in 2014. Dismissal of the single parent goes back to September 2017, more than four years. At least case 4488 goes back to 2012 (date of decision for transfer), and case 4489 concerns reports Feb 09 08:48
schestowitzcovering the years 2011 and 2012.Feb 09 08:48
schestowitzThere is no fast track procedure. The legal protection offered to staff is “as helpful as a chocolate teapot”, as someone remarked on this blog (concerning G 1/21 – oral proceedings as videoconference).Feb 09 08:48
schestowitzThat has to change. I wonder whether I will live to see attempts in this regard.Feb 09 08:48
schestowitz"Feb 09 08:48
schestowitzx 09 09:22
-TechBytesBot/ | Bug bounty hunter to working at Microsoft | Microsoft Browser Vulnerability ResearchFeb 09 09:22
schestowitz# spamFeb 09 09:22
schestowitz"Feb 09 10:04
schestowitzSoftware patent without a device as carrier?Feb 09 10:04
schestowitzThis question comes up frequently at manufacturing companies when they tap into machine learning and digitalization. The good news is: In Europe you can patent just the software part without a physical carrier, as I explain in my latest #askbastian video on YouTube.Feb 09 10:04
schestowitzIf you’re wondering how to phrase your software patent claims exactly, download my free Word template.Feb 09 10:04
schestowitzWhat's your burning question about digital patents? Tell me in the comments.Feb 09 10:04
schestowitzAs always, if you have any questions on patents for the digital future, hit reply and tell me.Feb 09 10:04
schestowitzBest,Feb 09 10:04
schestowitzBastianFeb 09 10:04
schestowitz"Feb 09 10:04
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schestowitz> Hi Richard,Feb 09 20:00
schestowitz> Feb 09 20:00
schestowitz> For me it's an adventure, as I know rather little about Gemini atFeb 09 20:00
schestowitz> present. What I see as some attractive properties;Feb 09 20:00
schestowitz> Feb 09 20:00
schestowitz> 1) Low bar for entry (home hosting of text files)Feb 09 20:00
schestowitz> Feb 09 20:01
schestowitz> 2) mandatory TLS without a CA (self signed, trust on first contact)Feb 09 20:01
schestowitz> Feb 09 20:01
schestowitz> 3) Small but growing communityFeb 09 20:01
schestowitz> Feb 09 20:01
schestowitz> 4) Server and client can be written in a few hundred lines of codeFeb 09 20:01
schestowitz> Feb 09 20:01
schestowitz> 5) Privacy and freedom respecting protocol design from the ground-upFeb 09 20:01
schestowitz>    (much of the discussion is around ways to make tracking andFeb 09 20:01
schestowitz>    fingerprinting very hard and make browsing at least stronglyFeb 09 20:01
schestowitz>    pseudonymous without adding complications at the basic level)Feb 09 20:01
schestowitz> Feb 09 20:01
schestowitz> 6) Though I peronally dislike mobile, Gemini seems extremely wellFeb 09 20:01
schestowitz>    fitted (UTF text without any stylistic markup) and that means itFeb 09 20:01
schestowitz>    appeals directly to a younger audience.Feb 09 20:01
schestowitz> Feb 09 20:01
schestowitz> 7) Lighweight request based protocol seems well postioned forFeb 09 20:01
schestowitz>    overlays, meshnets, cheap federated or DHT distributed hosting.Feb 09 20:01
schestowitz> Feb 09 20:01
schestowitz>> I don't complain if there are evil things it can't do.Feb 09 20:01
schestowitz> Advertising seems disadvantaged as an inbuilt value. It is possibleFeb 09 20:01
schestowitz> commercial interests might move into Gemini space, but it seems builtFeb 09 20:01
schestowitz> to be more hostile to them.  Servers can run CGI, to do search orFeb 09 20:01
schestowitz> sales in theory. But why would a company already in WWW space want toFeb 09 20:01
schestowitz> be in Gemini ?Feb 09 20:01
schestowitz>  Feb 09 20:01
schestowitz>> What are the advantages you two see in gemini?Feb 09 20:01
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schestowitz> Presently its community is an advantage. Of course this will change inFeb 09 20:01
schestowitz> time. Right now it seems more friendly to serious long form discussionFeb 09 20:01
schestowitz> of issues facing us in preserving tech freedom. It hasn't yet beenFeb 09 20:01
schestowitz> colonised by venture capitalists. So, not being lost in the noise andFeb 09 20:01
schestowitz> indifference of the WWW feels good at present. It still seemsFeb 09 20:01
schestowitz> evolving, but with very hard values set around simplicity/minimalFeb 09 20:01
schestowitz> protocol.  Has a relatively sane low-ego benevolent dictator which I think isFeb 09 20:01
schestowitz> a good model for its stage of life, who apparently builds noFeb 09 20:01
schestowitz> mechanisms to make themself beholden to (low bus-factor).Feb 09 20:01
schestowitz> Feb 09 20:01
schestowitz>> For what motive would the GNU Project want to have a gemini site?Feb 09 20:01
schestowitz> It is a fresh, growing network of minds sympathetic to ideasFeb 09 20:02
schestowitz> that overlap with GNU and early Netizen values;Feb 09 20:02
schestowitz> Feb 09 20:02
schestowitz>  - freedom to operate ones own site (capsule) for personal presenceFeb 09 20:02
schestowitz>  - peer relationsFeb 09 20:02
schestowitz>  - freedom to share and link to friendsFeb 09 20:02
schestowitz>  - all clients and servers are currently free software as they are so simpleFeb 09 20:02
schestowitz> Feb 09 20:02
schestowitz>> Would it improve our communications about GNU?  Or would it be Feb 09 20:02
schestowitz>> to help gemini, as a sort of GNU endorsement of it?Feb 09 20:02
schestowitz> Both. There's reciprocity in GNU creating a Gemini presence.Feb 09 20:02
schestowitz> Feb 09 20:02
schestowitz> GNU could bring an attracive base to Gemini. And maturity to helpFeb 09 20:02
schestowitz> steward Gemini - many of the Gemini acolytes seem young and may makeFeb 09 20:02
schestowitz> mistakes that might be avoided if more experienced voices had a stake.Feb 09 20:02
schestowitz> Feb 09 20:02
schestowitz> A Gemini outreach says GNU/FSF is still vibrant and progressiveFeb 09 20:02
schestowitz> Feb 09 20:02
schestowitz>> Does gemini use HTML?  Could we post the same pages HTML pages we haveFeb 09 20:02
schestowitz>> nowon a gemini server, or would they need to be modified and adapted?Feb 09 20:02
schestowitz> No. It has a minimal text markup. html2gmi scripts will serve in mostFeb 09 20:02
schestowitz> cases.Feb 09 20:02
schestowitz> Feb 09 20:02
schestowitz> all best wishes,Feb 09 20:02
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schestowitz"Feb 09 23:39
schestowitzDear SUEPO member,Feb 09 23:39
schestowitzThe EGM will be held on Monday 14 February at 12.00 noon in SUEPO MS Teams. An invitation was sent to all members in Munich today. If you have not received the email please contact us immediately.Feb 09 23:39
schestowitzIn accordance with the Munich SUEPO statute Article 9(2) the Munich SUEPO committee invites you on the 14.02.2022 at 12:00 noon to an Extraordinary General Meeting (EGM).Feb 09 23:39
schestowitzThe EGM has become necessary due to the General Assemblies held by the staff committees in MU and TH in the last two weeks. There, in two independent polls the staff in MU and in TH overwhelmingly indicated (93% MU and 93% TH) that they are not satisfied and don’t agree with the path the present administration is on. Also an overwhelming number of staff present in those GA's indicated (83% TH and 89% MU) that they would be inclined to participate Feb 09 23:39
schestowitzin actions lead by the union.Feb 09 23:39
schestowitzAll SUEPO Committee’s will invite to EGM’s to have the ‘Action Plan' endorsed by their members.Feb 09 23:39
schestowitzActions have therefore become necessary in order to help the management correct their present inclination of hoarding unnecessary immense amounts of cash based on biased financial studies at the detriment of staff. During the worst pandemics in our lifetime and the highest inflation registered in the last decades our management does not see the reason for taking corrective measures to adjust the salaries of the active staff and the pensions of the Feb 09 23:39
schestowitzpensioners. The management also does not see any reason to revise a flawed career system for the staff and they also see no reason for negotiating in good faith any new reforms which affect all the staff like teleworking, the education allowance or even the latest DG1 reform. This administration rather takes advantage of the unfortunate state of events hoping that the staff will not mobilise.Feb 09 23:39
schestowitz                                                       This has to stop now.Feb 09 23:39
schestowitzAgenda of the EGM Feb 09 23:39
schestowitz    Presentation of the Central Action Plan agreed by all SUEPO CommitteesFeb 09 23:39
schestowitz     Q & A English – Q & A GermanFeb 09 23:39
schestowitz     AoB’sFeb 09 23:39
schestowitzFollowing the EGM all SUEPO members will have the opportunity to vote in a ballot on the proposed Central Action Plan. The ballot will be open after the EGM.Feb 09 23:39
schestowitz Feb 09 23:40
schestowitzShould the Central Action Plan receive a favourable vote by a majority of all SUEPO members taking part in the vote, all places of employment will be on actions starting on Monday 21.02.2022.Feb 09 23:40
schestowitz Feb 09 23:40
schestowitzThe President will be informed of the outcome of the ballot and requested to meet with the SUEPO representatives to start fair and bonafide negotiations on addressing staff’s grievances.Feb 09 23:40
schestowitz Feb 09 23:40
schestowitzAs mentioned in the Action Plan, a 'Warning Strike Day' will take place on the 23.03.2022. Should no visible progress be made, further EGM’s will be held to inform the staff of the state of the negotiations and if needed further and intensified actions will be proposed.Feb 09 23:40
schestowitz Feb 09 23:40
schestowitzYour SUEPO Committee MunichFeb 09 23:40
schestowitz"Feb 09 23:40
schestowitz" Invitation to an Extraordinary General Meeting to discuss the Action Plan - Monday, 14 February at 12.00 noon in SUEPO MS Teams"Feb 09 23:40
schestowitzMs :/Feb 09 23:40
schestowitzsame Microsoft that spies with the EPOFeb 09 23:40
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