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| schestowitz | [23:04] <psydruid> I don't get where all of these Microsoft apologists come from | Jul 11 00:10 |
|---|---|---|
| schestowitz | We covered many times before where this one came from... basically a Microsoft-connected site | Jul 11 00:10 |
| schestowitz | that he was hired by zdnet AFTER that says a lot about CBS and the marketing firm that runs this site | Jul 11 00:10 |
| schestowitz | we reckon if we can him (or them) out often enough, the FUD will stop or at least decrease in volume/frequency | Jul 11 00:10 |
| psydruid | I also meant those people who feel the need to defend Microsoft, such as students who should just learn to work with the best technology that they have full access to and control over | Jul 11 00:32 |
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| schestowitz | plutophiles. | Jul 11 04:37 |
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| schestowitz | psydruid: plutophiles | Jul 11 05:01 |
| schestowitz | swimming near the money | Jul 11 05:01 |
| schestowitz | hoping to bite some of it | Jul 11 05:01 |
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| schestowitz | https://twitter.com/jrbrtson/status/1414187259633471489 | Jul 11 22:08 |
| -TechBytesBot/#techbytes-@jrbrtson: ... on pace for well over 1,600 carjackings by the end of the year. According to police, the majority are now commi… https://t.co/Vk06fOI1hJ | Jul 11 22:08 | |
| schestowitz | "... on pace for well over 1,600 carjackings by the end of the year. According to police, the majority are now committed by children, because the people putting them up to it and sticking guns in their hands know the system goes softer on children and take full advantage of it.' | Jul 11 22:08 |
| schestowitz | https://twitter.com/Homayra_himi/status/1414168647539429381 | Jul 11 22:09 |
| -TechBytesBot/#techbytes-@Homayra_himi: @schestowitz ❤️ | Jul 11 22:09 | |
| schestowitz | https://twitter.com/pierredeltecto/status/1414132170956754952 | Jul 11 22:09 |
| -TechBytesBot/#techbytes-@pierredeltecto: @schestowitz Add clown to your bio. | Jul 11 22:09 | |
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| schestowitz | Re: A belated thank you…> *The translator is working again on the weblog and I am happy having it. | Jul 11 23:32 |
| schestowitz | > Few others have this feature and because I am fluent in the Spanish | Jul 11 23:32 |
| schestowitz | > language I sometimes like to see how the translators puts the English | Jul 11 23:32 |
| schestowitz | > into another language as there are always several ways to say the same | Jul 11 23:32 |
| schestowitz | > thing.* | Jul 11 23:32 |
| schestowitz | Glad you like it. | Jul 11 23:32 |
| schestowitz | We have something similar implemented in ttp://tuxmachines.org | Jul 11 23:32 |
| schestowitz | See the flags along the top left. | Jul 11 23:32 |
| schestowitz | > I am forwarding this again because I am unsure it was sent through to | Jul 11 23:32 |
| schestowitz | > you previously. | Jul 11 23:32 |
| schestowitz | I got that the first time OK. | Jul 11 23:32 |
| schestowitz | > Almost 2 years since I wrote this note and I never followed up to learn how to embed an MP 4. Mostly, I go to YouTube and find an URL Link. Can you help? | Jul 11 23:34 |
| schestowitz | In WordPress you can upload an mp4 files, maybe sure it''s NOT TOO BIG and also NOT COPYRIGHT-INFRINGING, then you can add it to the post. But safer, I think, to use YouTube for a number of reasons. | Jul 11 23:34 |
| schestowitz | http://patentblog.kluweriplaw.com/2021/07/10/unified-patent-court-a-lot-closer-after-decision-german-fcc/#comments | Jul 11 23:40 |
| -TechBytesBot/#techbytes-patentblog.kluweriplaw.com | Unified Patent Court a lot closer after decision German FCC - Kluwer Patent Blog | Jul 11 23:40 | |
| schestowitz | " | Jul 11 23:40 |
| schestowitz | The new decision of the FCC does not really come as a surprise as the political atmosphere has changed at the FCC. | Jul 11 23:40 |
| schestowitz | For a start, the FCC is engaged in a battle about the supremacy of the EU law whereby the EU Commission is about to launch an action against Germany on its first decision relative to the Euro-Bonds in which the FCC was not satisfied with the guarantees against a mutualisation of debts between EU contracting states. | Jul 11 23:40 |
| schestowitz | Secondly the President of the FCC has changed and it is well know that the new president is a lawyer and whilst MP he made it abundantly clear that he was in favour of the UPC. He was MP just before his appointment to the FCC. | Jul 11 23:40 |
| schestowitz | Thirdly, it seems that minority of members of the 2d Chamber in the first decision have become the majority and the complaints were rejected for reasons which were evoked in that minority opinion: the Basic Law does not confer a right upon citizens that would allow them to subject all majority decisions taken by Parliament to a review of lawfulness. | Jul 11 23:40 |
| schestowitz | The decision of the FCC is nevertheless surprising when it states that Art. 20 UPCA simply aims to clear up any doubts as to the Agreement’s compatibility with EU law and has no bearing on the status quo in the relationship between EU law and national constitutions. Art 20 UPCA states that “The Court shall apply Union law in its entirety and shall respect its primacy. | Jul 11 23:40 |
| schestowitz | If the UPC shall accept primacy of EU law, how can it be on a par with national law and not prevail over the latter, and thus also over the German Constitution? Are we here in presence of a kind of “dynamic interpretation” in order to satisfy political reasons? | Jul 11 23:40 |
| schestowitz | It remains, as stated in the blog, that the problem with Art 7(2) UPCA is by no means resolved. We have already contenders for transferring the duties of the London Section to other member states of the UPCA. It is more than doubtful that the other countries will allow France and Germany to take over the “gift” offered by Brexit as a well-known French lawyer, proponent of the UPC, has constantly claimed. | Jul 11 23:40 |
| schestowitz | If France and Germany dispose of the duties of the London section, I could see a constitutional problem. In Germany and in the most contracting states of the UPCA, the notion of the legal/correct judge is a very important constitutional principle. Nobody can in principle manoeuver in order for a case to be attributed to a given judge. How is this principle guaranteed when instead of a judge which would have been sitting in London and meant to deal | Jul 11 23:40 |
| schestowitz | with cases in IPC classes A and C will be replaced by a judge sitting in Paris or Munich which is not meant to deal with those two classes? I do not have a reply, but simply raise the question. This problem does not occur in the UK which has a different system of designating judges, and since the UK is not any longer participating, it is not relevant. | Jul 11 23:40 |
| schestowitz | According to Annex 1 of the UPCA, IPC classes A and C shall be dealt with in London. IPC class F is foreseen for Munich and the IPC classes B, D, E, G and H to Paris. Is such a transfer of IPC classes possible without amendment of Art 7(2) UPCA and of Annex 1? Any interpretation one wants to give to Art 87(2) this Art is not a legal basis for agreeing subsequently of the transfer of the duties of the London Section to another contracting state and | Jul 11 23:40 |
| schestowitz | certainly not for the provisional transfer to Paris or Munich. | Jul 11 23:40 |
| schestowitz | The problem of Art 7(2) UPCA has been belittled in the accompanying note of the German Ministry of Justice to the members of Bundestag and Bundesrat. Neither Art 31 nor Art 32 VCLT allow a different interpretation of said Art 7(2) UPCA which is, in my humble opinion, crystal clear. | Jul 11 23:40 |
| schestowitz | It is to be noted that appointment of the judges for 6 years with a renewal possible has been considered by the FCC as not affecting the rights of the complainants. The FCC has ruled that the complainants have fail to address the question on why and how this affects the principle of democracy. | Jul 11 23:40 |
| schestowitz | In this respect, it seems that the FCC has forgotten a preceding judgement in which it accepted that judges could be appointed for a length of time but under two conditions: they have to be appointed as civil servants for life and not be reappointed. | Jul 11 23:40 |
| schestowitz | This comment by the FCC does not look too good for the complaints against the boards of appeal of the EPO still pending before the FCC. | Jul 11 23:40 |
| schestowitz | That members of the “Team UPC” want the latter to come into function as soon as possible is plainly understandable but certainly not a compelling reason. | Jul 11 23:40 |
| schestowitz | I am certainly not a nationalist Europhobe, rather the contrary. I am in favour of harmonisation of IP within the EU, or at least part of it, but I am not sure that the UPCA is the best instrument to this effect. I just wish to be convinced, especially in view of the numerous problems created by the Brexit. | Jul 11 23:40 |
| schestowitz | As the preceding commenter have given their name, I will do the same. | Jul 11 23:40 |
| schestowitz | " | Jul 11 23:40 |
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