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| libertybox | MinceR: ^ | Feb 09 00:40 |
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| MinceR | nice | Feb 09 00:43 |
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| MinceR | who wrote that letter though? | Feb 09 01:07 |
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| schestowitz | http://patentblog.kluweriplaw.com/2022/02/03/iloat-former-epo-president-battistelli-violated-staffs-right-of-free-association/ | Feb 09 08:45 |
| -TechBytesBot/#techbytes-patentblog.kluweriplaw.com | ILOAT: Former EPO president Battistelli violated staff's right of free association - Kluwer Patent Blog | Feb 09 08:45 | |
| schestowitz | " | Feb 09 08:47 |
| schestowitz | Concerned observer | Feb 09 08:47 |
| schestowitz | FEBRUARY 4, 2022 AT 11:26 AM | Feb 09 08:47 |
| schestowitz | Question: how many fundamental rights enshrined in the ECHR can the EPO violate without consequence for the individuals responsible? | Feb 09 08:47 |
| schestowitz | The 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 |
| schestowitz | Also, 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 |
| schestowitz | Indeed, 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 |
| schestowitz | Of 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 |
| schestowitz | Exhibit 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 |
| schestowitz | Exhibit 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 |
| schestowitz | quashed. | Feb 09 08:47 |
| schestowitz | However, 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 |
| schestowitz | So 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 |
| schestowitz | LightBlue | Feb 09 08:47 |
| schestowitz | FEBRUARY 4, 2022 AT 1:03 PM | Feb 09 08:47 |
| schestowitz | Perhaps a withholding of the former President’s pension rights might be appropriate. | Feb 09 08:47 |
| schestowitz | Attentive Observer | Feb 09 08:47 |
| schestowitz | FEBRUARY 6, 2022 AT 2:05 PM | Feb 09 08:47 |
| schestowitz | Through 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 |
| schestowitz | It 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 |
| schestowitz | Art 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 |
| schestowitz | This is a further series of scandals! | Feb 09 08:47 |
| schestowitz | In 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 |
| schestowitz | Years 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 |
| schestowitz | Since 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 |
| schestowitz | the EPO were quite busy when there was an AC session. | Feb 09 08:48 |
| schestowitz | Such 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 |
| schestowitz | management. | Feb 09 08:48 |
| schestowitz | In 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 |
| schestowitz | for the vanity of an egomaniac. | Feb 09 08:48 |
| schestowitz | The 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 |
| schestowitz | Nowadays, 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 |
| schestowitz | With 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 |
| schestowitz | I reminds me an alleged say of Mao: the fish rots from the head. | Feb 09 08:48 |
| schestowitz | Concerned observer | Feb 09 08:48 |
| schestowitz | FEBRUARY 7, 2022 AT 11:37 AM | Feb 09 08:48 |
| schestowitz | And 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 | https://www.epo.org/law-practice/legal-texts/official-journal/2022/01/a2/2022-a2.pdf | Feb 09 08:48 |
| schestowitz | It 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 |
| schestowitz | Attentive Observer | Feb 09 08:48 |
| schestowitz | FEBRUARY 8, 2022 AT 9:10 AM | Feb 09 08:48 |
| schestowitz | Dear Concerned Observer, | Feb 09 08:48 |
| schestowitz | One cannot but approve your statement! | Feb 09 08:48 |
| schestowitz | Furthermore, one should not forget that the AC accepted the worse scenario presented by EPO’s administration. | Feb 09 08:48 |
| schestowitz | The level of gullibility of most of the delegations is awesome. | Feb 09 08:48 |
| schestowitz | The reasoning level in the AC seems to have lowered to a level which is hard to believe: | Feb 09 08:48 |
| schestowitz | If it comes from the management, it must be good. | Feb 09 08:48 |
| schestowitz | It is even better if we can keep, if not increase, our personal perks and the “cooperation” budget. | Feb 09 08:48 |
| schestowitz | What those people do not realise is that they are sawing off the branch they are sitting on. | Feb 09 08:48 |
| schestowitz | With 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 |
| schestowitz | In any case for the tenant of the 10th floor quality means expediency. | Feb 09 08:48 |
| schestowitz | It is only what can be measured! | Feb 09 08:48 |
| schestowitz | With the recent tenants of the 10th floor the EPO would never have become the success story it has been. | Feb 09 08:48 |
| schestowitz | The EPO is willingly run into the wall. | Feb 09 08:48 |
| schestowitz | One really wonders why? | Feb 09 08:48 |
| schestowitz | Experienced Examiner | Feb 09 08:48 |
| schestowitz | FEBRUARY 8, 2022 AT 3:20 PM | Feb 09 08:48 |
| schestowitz | Justice delayed is justice denied. | Feb 09 08:48 |
| schestowitz | These 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 |
| schestowitz | covering the years 2011 and 2012. | Feb 09 08:48 |
| schestowitz | There 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 |
| schestowitz | That has to change. I wonder whether I will live to see attempts in this regard. | Feb 09 08:48 |
| schestowitz | " | Feb 09 08:48 |
| schestowitz | x https://microsoftedge.github.io/edgevr/posts/bug-bounty-hunter-to-working-at-microsoft/ | Feb 09 09:22 |
| -TechBytesBot/#techbytes-microsoftedge.github.io | Bug bounty hunter to working at Microsoft | Microsoft Browser Vulnerability Research | Feb 09 09:22 | |
| schestowitz | # spam | Feb 09 09:22 |
| schestowitz | " | Feb 09 10:04 |
| schestowitz | Software patent without a device as carrier? | Feb 09 10:04 |
| schestowitz | This 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 |
| schestowitz | If you’re wondering how to phrase your software patent claims exactly, download my free Word template. | Feb 09 10:04 |
| schestowitz | What's your burning question about digital patents? Tell me in the comments. | Feb 09 10:04 |
| schestowitz | As always, if you have any questions on patents for the digital future, hit reply and tell me. | Feb 09 10:04 |
| schestowitz | Best, | Feb 09 10:04 |
| schestowitz | Bastian | Feb 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 at | Feb 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 community | Feb 09 20:01 |
| schestowitz | > | Feb 09 20:01 |
| schestowitz | > 4) Server and client can be written in a few hundred lines of code | Feb 09 20:01 |
| schestowitz | > | Feb 09 20:01 |
| schestowitz | > 5) Privacy and freedom respecting protocol design from the ground-up | Feb 09 20:01 |
| schestowitz | > (much of the discussion is around ways to make tracking and | Feb 09 20:01 |
| schestowitz | > fingerprinting very hard and make browsing at least strongly | Feb 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 well | Feb 09 20:01 |
| schestowitz | > fitted (UTF text without any stylistic markup) and that means it | Feb 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 for | Feb 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 possible | Feb 09 20:01 |
| schestowitz | > commercial interests might move into Gemini space, but it seems built | Feb 09 20:01 |
| schestowitz | > to be more hostile to them. Servers can run CGI, to do search or | Feb 09 20:01 |
| schestowitz | > sales in theory. But why would a company already in WWW space want to | Feb 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 in | Feb 09 20:01 |
| schestowitz | > time. Right now it seems more friendly to serious long form discussion | Feb 09 20:01 |
| schestowitz | > of issues facing us in preserving tech freedom. It hasn't yet been | Feb 09 20:01 |
| schestowitz | > colonised by venture capitalists. So, not being lost in the noise and | Feb 09 20:01 |
| schestowitz | > indifference of the WWW feels good at present. It still seems | Feb 09 20:01 |
| schestowitz | > evolving, but with very hard values set around simplicity/minimal | Feb 09 20:01 |
| schestowitz | > protocol. Has a relatively sane low-ego benevolent dictator which I think is | Feb 09 20:01 |
| schestowitz | > a good model for its stage of life, who apparently builds no | Feb 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 ideas | Feb 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 presence | Feb 09 20:02 |
| schestowitz | > - peer relations | Feb 09 20:02 |
| schestowitz | > - freedom to share and link to friends | Feb 09 20:02 |
| schestowitz | > - all clients and servers are currently free software as they are so simple | Feb 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 help | Feb 09 20:02 |
| schestowitz | > steward Gemini - many of the Gemini acolytes seem young and may make | Feb 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 progressive | Feb 09 20:02 |
| schestowitz | > | Feb 09 20:02 |
| schestowitz | >> Does gemini use HTML? Could we post the same pages HTML pages we have | Feb 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 most | Feb 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 |
| schestowitz | Dear SUEPO member, | Feb 09 23:39 |
| schestowitz | The 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 |
| schestowitz | In 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 |
| schestowitz | The 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 |
| schestowitz | in actions lead by the union. | Feb 09 23:39 |
| schestowitz | All SUEPO Committee’s will invite to EGM’s to have the ‘Action Plan' endorsed by their members. | Feb 09 23:39 |
| schestowitz | Actions 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 |
| schestowitz | pensioners. 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 |
| schestowitz | Agenda of the EGM | Feb 09 23:39 |
| schestowitz | Presentation of the Central Action Plan agreed by all SUEPO Committees | Feb 09 23:39 |
| schestowitz | Q & A English – Q & A German | Feb 09 23:39 |
| schestowitz | AoB’s | Feb 09 23:39 |
| schestowitz | Following 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 | |
| schestowitz | Should 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 | |
| schestowitz | The 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 | |
| schestowitz | As 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 | |
| schestowitz | Your SUEPO Committee Munich | Feb 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 |
| schestowitz | Ms :/ | Feb 09 23:40 |
| schestowitz | same Microsoft that spies with the EPO | Feb 09 23:40 |
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