IRC: #techbytes @ Techrights IRC Network: Thursday, October 21, 2021

-TechBytesBot/#techbytes-mastodon.ar.al | Aral Balkan: "@tuxmachines@mastodon.technology And don’t forget…" - Aral’s Mastodon

schestowitz

"And don’t forget StarLabs and Purism too :)"

https://mastodon.ar.al/@aral/107026980876509585

schestowitz

https://www.rt.com/usa/537911-margaret-atwood-terf-twitter/

-TechBytesBot/#techbytes-mastodon.ar.al | Aral Balkan: "@tuxmachines@mastodon.technology Umm, typo ;)" - Aral’s Mastodon

Oct 21 01:53

schestowitz

|Umm, typo ;)|

Oct 21 01:53

*blitzed has quit (Quit: +++ATH0&D2 NO CARRIER NO CAREER)

Oct 21 04:06

*DaemonFC has quit (Quit: Leaving)

Oct 21 05:23

*leah has quit (connection closed)

Oct 21 06:41

*leah (~leah@wrh2nipuzrd3y.irc) has joined #techbytes

Oct 21 06:41

*leah has quit (Ping timeout: 2m30s)

Oct 21 06:44

*leah (~leah@wrh2nipuzrd3y.irc) has joined #techbytes

Oct 21 06:44

*leah has quit (connection closed)

Oct 21 09:04

*leah (~leah@wrh2nipuzrd3y.irc) has joined #techbytes

Oct 21 09:04

schestowitz

Oct 21 09:09

schestowitz

# "now the misogynists are also gunning for atwood"

Oct 21 09:09

-TechBytesBot/#techbytes-www.rt.com | ‘Anti-trans dog whistle’: ‘Handmaid’s Tale’ author latest to be labeled transphobic over tweet on loss of the word ‘woman’ — RT USA News

Oct 21 09:09

schestowitz

x https://www.newscientist.com/article/2293943-microsoft-and-nvidia-build-largest-ever-ai-to-mimic-human-language/

-TechBytesBot/#techbytes-www.newscientist.com | Microsoft and Nvidia break records with neural network that mimics language | New Scientist

x https://cio.economictimes.indiatimes.com/news/corporate-news/new-microsoft-initiative-to-help-indian-startups-innovate-with-ai/87156362

schestowitz

-TechBytesBot/#techbytes-cio.economictimes.indiatimes.com | New Microsoft initiative to help Indian startups innovate with AI, IT News, ET CIO

https://twitter.com/BearWills/status/1451203428672147463

*leah has quit (Ping timeout: 2m30s)

Oct 21 09:45

*leah (~leah@wrh2nipuzrd3y.irc) has joined #techbytes

Oct 21 09:48

*psydroid2 (~psydroid@cqggrmwgu7gji.irc) has joined #techbytes

Oct 21 10:30

*leah has quit (connection closed)

Oct 21 12:20

*leah (~leah@wrh2nipuzrd3y.irc) has joined #techbytes

Oct 21 12:20

*GNUmoon2 (~GNUmoon@hd8jm36tf7ase.irc) has joined #techbytes

Oct 21 12:30

*leah has quit (Ping timeout: 2m30s)

Oct 21 12:48

*leah (~leah@wrh2nipuzrd3y.irc) has joined #techbytes

Oct 21 12:51

*psydroid3 (~psydroid@cqggrmwgu7gji.irc) has joined #techbytes

Oct 21 14:52

*leah has quit (Ping timeout: 2m30s)

Oct 21 15:17

*leah (~leah@wrh2nipuzrd3y.irc) has joined #techbytes

Oct 21 15:17

*blitzed (~blitzed@d3wswzztcj3cy.irc) has joined #techbytes

Oct 21 15:26

*rianne has quit (Ping timeout: 2m30s)

Oct 21 15:41

*liberty_box has quit (Ping timeout: 2m30s)

Oct 21 15:41

*rianne (~rianne@62vhapicsw4ds.irc) has joined #techbytes

Oct 21 15:43

*liberty_box (~liberty@62vhapicsw4ds.irc) has joined #techbytes

Oct 21 15:43

*leah has quit (connection closed)

Oct 21 16:10

*leah (~leah@wrh2nipuzrd3y.irc) has joined #techbytes

Oct 21 16:11

*DaemonFC (~daemonfc@x36sbzcacxpvc.irc) has joined #techbytes

Oct 21 17:06

*DaemonFC has quit (Quit: Leaving)

Oct 21 17:20

*DaemonFC (~daemonfc@w2d762cxmwcdi.irc) has joined #techbytes

Oct 21 17:25

*n has quit (Quit: Konversation terminated!)

Oct 21 17:36

*n-amarsh04 (~amarsh04@eganakf2bu9k2.irc) has joined #techbytes

Oct 21 17:42

schestowitz

Oct 21 17:43

-TechBytesBot/#techbytes-@BearWills: @disclosetv The Plancet disseminating propoganda across the globe. Funded by Gates. https://t.co/EsNNYu4BBz

Oct 21 17:43

-TechBytesBot/#techbytes--> techrights.org | Gates Foundation Pays the Lancet Journal — Now Distorts Academic Literature Too | Techrights

Oct 21 17:43

schestowitz

https://twitter.com/fmaciel_dev/status/1451228012071067655

-TechBytesBot/#techbytes-@fmaciel_dev: @schestowitz In Kickstarter right now: https://t.co/HN0XSHnvEv

-TechBytesBot/#techbytes--> www.kickstarter.com | Helms of Fury by Nazgum — Kickstarter

https://twitter.com/bap47/status/1451223663261454348

schestowitz

-TechBytesBot/#techbytes-@bap47: So now there’s a warrant out for his immediate arrest, right? https://t.co/kIQlB1Ql3B

-TechBytesBot/#techbytes-@schestowitz: ● NEWS ● #TruthOut ☞ In Unanimous Vote, Jan. 6 Commission Holds Steve #Bannon in Contempt of Congress https://t.co/Aqux8M1bIa

https://twitter.com/ssk85760565/status/1451098157425758208

schestowitz

Oct 21 17:46

-TechBytesBot/#techbytes-@ssk85760565: @schestowitz Here’s the reality of Delta’s “Digital Identity Experience”: https://t.co/tPejKvBaVA

Oct 21 17:46

-TechBytesBot/#techbytes--> thegrayzone.com | Public health or private wealth? How digital vaccine passports pave way for unprecedented surveillance capitalism - The Grayzone

Oct 21 17:46

schestowitz

https://twitter.com/ssk85760565/status/1451098012294516739

-TechBytesBot/#techbytes-@ssk85760565: Delta Airlines is calling it their “Digital Identity Experience”. Here’s what your ‘experience’ will look like with… https://t.co/iibGf8FwZx

-TechBytesBot/#techbytes-@ssk85760565: Delta Airlines is calling it their “Digital Identity Experience”. Here’s what your ‘experience’ will look like with… https://t.co/iibGf8FwZx

https://nitter.eu/ssk85760565/status/1451098012294516739

schestowitz

-TechBytesBot/#techbytes-nitter.eu | ssk (@ssk85760565): "Delta Airlines is calling it their “Digital Identity Experience”. Here’s what your ‘experience’ will look like with digital IDs : https://thegrayzone.com/2021/10/19/health-wealth-digital-passports-surveillance-capitalism/" | nitter

https://nitter.eu/lkcl/status/1450975760790040584

schestowitz

-TechBytesBot/#techbytes-nitter.eu | luke k.c. leighton (@lkcl): "this is not a surprise. anyone who has interacted with mozilla projects (particularly from the "outside" and particularly on security issues) has experienced a... extremely weird total lack of engagement and in some instances active and aggressive censorship." | nitter

https://twitter.com/DrolNacul/status/1450940616565792770

schestowitz

Oct 21 17:48

-TechBytesBot/#techbytes-@DrolNacul: @schestowitz Hardly fresh news though.

Oct 21 17:48

schestowitz

mitchel lewis (@stautistic): "Imagine what it would be like if we treated horses like children. We could indoctrinate them into mistaking wage slavery for freedom, have them chasing unobtainable dreams, and put them to work for the rest of their lives once their cuteness wears off." | nitter ⚓ https://nitter.eu/stautistic/status/1450859140671152130 ䷉ #nitter | more in http://schestowitz.com/2021/10/21/#latest

Oct 21 17:49

-TechBytesBot/#techbytes-nitter.eu | mitchel lewis (@stautistic): "Imagine what it would be like if we treated horses like children. We could indoctrinate them into mistaking wage slavery for freedom, have them chasing unobtainable dreams, and put them to work for the rest of their lives once their cuteness wears off." | nitter

Oct 21 17:49

-TechBytesBot/#techbytes-schestowitz.com | Social Control Media Posts

Oct 21 17:49

schestowitz

https://www.minds.com/newsfeed/1297671662426132483?focusedCommentUrn=urn:comment:1297671662426132483:0:0:0:1297744910211878928

-TechBytesBot/#techbytes-www.minds.com | Pork is already super expensive. This new animal-welfare ... | Minds

schestowitz

schestowitz

Vietnam destroys 16 dogs and cats of husband and wife infected with Covid-19

schestowitz

THE FATHER OF 15 MURDERED DOGS SPEAKS OUT

schestowitz

Please put this all over your social media and bring justice to the lives destroyed by this ignorance and stupidity. https://www.minds.com/newsfeed/1297396280661643270

-TechBytesBot/#techbytes-www.minds.com | @XamBaLo's post on Minds | Minds

schestowitz

https://www.minds.com/newsfeed/1297466823117115393?focusedCommentUrn=urn:comment:1297466823117115393:0:0:0:1297476853610582017

schestowitz

-TechBytesBot/#techbytes-www.minds.com | Pirate IPTV Investigation: 1,800 Customers Face 'Stolen G... | Minds

schestowitz

"Hmm in UK streaming free "others ip" videos is not "illegal" or is never prosecuted. You would think the dmca would apply but it does not. As you are not creating a copy of the video so its in a greyzone."

https://www.minds.com/newsfeed/1297543684492890114?focusedCommentUrn=urn:comment:1297543684492890114:0:0:0:1297545235248713735

schestowitz

-TechBytesBot/#techbytes-www.minds.com | This person does get directly exposed to a LOT of people,... | Minds

schestowitz

"Bullshit. The vaccine is poison. And you’re imbecile if you don’t understand why forced inoculations are immoral.

schestowitz

Lol, and not significantly larger numbers than any other year that they cannot be accounted for by other factors

schestowitz

"Lol, and not significantly larger numbers than any other year that they cannot be accounted for by other factors"

https://www.minds.com/newsfeed/1297615158264205317?focusedCommentUrn=urn:comment:1297615158264205317:0:0:0:1297635649523814403

schestowitz

-TechBytesBot/#techbytes-www.minds.com | ...as we approach end of October you may find that in ter... | Minds

https://www.minds.com/newsfeed/1297615158264205317?focusedCommentUrn=urn:comment:1297615158264205317:0:0:0:1297635649523814403

schestowitz

http://schestowitz.com/Weblog/archives/2021/09/03/borisnaro-data/

schestowitz

-TechBytesBot/#techbytes-schestowitz.com | schestowitz.com » Blog Archive » The Number of Brits Who Died (and Still Die) Because of COVID-19 is a Lot Higher Than the Official Figures

schestowitz

in the name of profiteering

schestowitz

"in the name of profiteering"

https://www.minds.com/newsfeed/1297695308913840138?focusedCommentUrn=urn:comment:1297695308913840138:0:0:0:1297696976606859280

schestowitz

-TechBytesBot/#techbytes-www.minds.com | Novelty for the Sake of Novelty Alone is Typically a Mistake | Minds

https://www.minds.com/newsfeed/1294952050899030034?focusedCommentUrn=urn:comment:1294952050899030034:0:0:0:1294954340796076033

schestowitz

Oct 21 17:57

schestowitz

"Are these the fake indigenous peoples of Cansda, funded by China to shut down our economy and make it easier to invade Canada. Well message to the PLA I dont need fuel to shoot you in the face."

Oct 21 17:57

-TechBytesBot/#techbytes-www.minds.com | A Grim Winter Looms. These Activists Are Keeping Spirits ... | Minds

Oct 21 17:57

schestowitz

https://www.minds.com/newsfeed/1295212858757353490?focusedCommentUrn=urn:comment:1295212858757353490:0:0:0:1295214493512503311

schestowitz

"If i was looking for a used server for home, Id still go with an IBM.

-TechBytesBot/#techbytes-www.minds.com | IBM Cheese Cutter Restoration | Minds

https://www.minds.com/newsfeed/1296128926422142992?focusedCommentUrn=urn:comment:1296128926422142992:0:0:0:1296286596806479889

schestowitz

schestowitz

"The largest emarrassment is this writer. As if a government can control the climate. Now the American and Chinese GOVERNMENTS are the largest polluters in modern history. That's a fact which won't change without civil overthrow. However, the enormous arrogance of this tiny brained writer is laughable! The electromagnetic change that this planet and our solar system are going through direct the climate 1st and foremost. As if humans have much to

-TechBytesBot/#techbytes-www.minds.com | 'Embarrassing': US Absent as World Joins Together to Prot... | Minds

schestowitz

do about this, Ha.

*rianne has quit (Ping timeout: 2m30s)

https://www.minds.com/newsfeed/1296392663464939537?focusedCommentUrn=urn:comment:1296392663464939537:0:0:0:1296393024598708244

schestowitz

schestowitz

"Plant trees and cannabis."

-TechBytesBot/#techbytes-www.minds.com | ● NEWS ● #ModernDiplomacy #Energy ☞ Critical Decarbonizat... | Minds

*liberty_box has quit (Ping timeout: 2m30s)

https://www.minds.com/newsfeed/1297165770383429639?focusedCommentUrn=urn:comment:1297165770383429639:0:0:0:1297167851555131399

schestowitz

schestowitz

"All entirely predictable. Zero covid was a delusion. We wasted a year and half trying to control the uncontrollable, smashed up the economy, the health system, the education system and ran up an inordinate level of debt for our children, to eventually have to acknowledge the inevitable. Worst "we told you so" in history."

-TechBytesBot/#techbytes-www.minds.com | Funeral Rites for COVID Zero | Minds

https://www.minds.com/newsfeed/1297122619660701711?focusedCommentUrn=urn:comment:1297122619660701711:0:0:0:1297214799398047751

schestowitz

-TechBytesBot/#techbytes-www.minds.com | What is China’s new hypersonic glide vehicle? | Minds

schestowitz

"The simple answer to a hypersonic weapon is shot it down on the way up when they are not hypersonic. Since we have China surrounded with allies, subs and ships on all sides, this is what we would do. Its the same reason we have Russia surrounded on all sides. We can easily target their missiles on the way up before they are hypersonic."

schestowitz

"That sort of like stealth jets with big bombs like we have?"

https://www.minds.com/newsfeed/1297457051458342929?focusedCommentUrn=urn:comment:1297457051458342929:0:0:0:1297466508884054020

schestowitz

-TechBytesBot/#techbytes-www.minds.com | Sinclair hit by ransomware attack, TV stations disrupted | Minds

schestowitz

"So is this a Conservative leaning or democrat leaning broadcaster?.... So ccp? or cia? Or gru? State sponcered?

https://www.minds.com/newsfeed/1297465594194432016?focusedCommentUrn=urn:comment:1297465594194432016:0:0:0:1297467125723566088

schestowitz

Oct 21 18:00

schestowitz

"Ahh more Saudi supported lunacy?"

Oct 21 18:00

-TechBytesBot/#techbytes-www.minds.com | It's Islamic – Kwara cleric justifies brutalisation of Ar... | Minds

Oct 21 18:00

schestowitz

https://www.minds.com/newsfeed/1292035229438971905?focusedCommentUrn=urn:comment:1292035229438971905:0:0:0:1292035931640958993

schestowitz

-TechBytesBot/#techbytes-www.minds.com | Not all vaccines are "equal". Evidence that current (exis... | Minds

schestowitz

That's because they are NOT vaccines!

schestowitz

I hate that they changed the definition of the term to incorporate those mRNA products, which is orwellian.

schestowitz

https://www.minds.com/newsfeed/1292244483672379400?focusedCommentUrn=urn:comment:1292244483672379400:0:0:0:1292249744759853057

schestowitz

-TechBytesBot/#techbytes-www.minds.com | Humble Choice for October 2021 lands with Amnesia: Rebirth | Minds

schestowitz

"I just about cancelled my subscription, but figured I'd give them one more chance. This is that final nail, worst bundle ever. And they are continually funding far left or globalist groups. My money is not going to fund my own destruction at the hands of the elite. Charity of the month was Oceana, the one headed by people like Ghislaine Maxwell, partner of Jeffrey Epstien. Yeah this ends my support of Humble Bundle. I emailed them last month about

schestowitz

who they are supporting and they need to clean up their charity lists because many are not charity groups they are NGOs and they are all crooked."

https://www.minds.com/newsfeed/1292455509177143309?focusedCommentUrn=urn:comment:1292455509177143309:0:0:0:1292457959300796429

schestowitz

schestowitz

-TechBytesBot/#techbytes-www.minds.com | I will name and shame every 'Linux' blog I find shilling ... | Minds

schestowitz

Since you're a doctor, can you explain the word "shilling" to non-native-american speakers?

schestowitz

"Shilling definition is - a former monetary unit of the United Kingdom" Merriam-Webster

schestowitz

https://www.minds.com/newsfeed/1293155566629163019?focusedCommentUrn=urn:comment:1293155566629163019:0:0:0:1293157458138632209

schestowitz

-TechBytesBot/#techbytes-www.minds.com | 'No Time to Waste': Climate Leaders Call for Passing Reco... | Minds

schestowitz

"They been wrong for 50 years, what makes them and all of us think they are actually right this time. I dont even have to think on it, I know they are wrong, because it's not about climate, its about control of every aspect of your life and what you can do where you can go etc."

https://www.minds.com/newsfeed/1293279519100112904?focusedCommentUrn=urn:comment:1293279519100112904:0:0:0:1293283990261731339

schestowitz

-TechBytesBot/#techbytes-www.minds.com | Old Thunderbird installations will be upgraded to Thunder... | Minds

schestowitz

"Eww don't touch Mozilla products, it might give you a case of deep scumbag."

https://www.minds.com/newsfeed/1293397923173765134?focusedCommentUrn=urn:comment:1293397923173765134:0:0:0:1293399069879701514

schestowitz

-TechBytesBot/#techbytes-www.minds.com | Google Reader is still defunct, but now you can ‘follow’ ... | Minds

schestowitz

"I use widgets for RSS feeds on my desktops. Why use Google crap if you have a choice not to."

https://www.minds.com/newsfeed/1293472608674648081?focusedCommentUrn=urn:comment:1293472608674648081:0:0:0:1293474023585353736

schestowitz

schestowitz

"A+++"

-TechBytesBot/#techbytes-www.minds.com | Download Charts | Minds

https://www.minds.com/newsfeed/1293484329657176071?focusedCommentUrn=urn:comment:1293484329657176071:0:0:0:1293486371423391758

schestowitz

schestowitz

-TechBytesBot/#techbytes-www.minds.com | Facebook Suppressed Content Highlighting Israeli Abuses o... | Minds

schestowitz

Ask them where they got rocket launchers when their speech was suppressed, those would kick ass right now for the crop dusty aluminum particle fly bys =)

schestowitz

I won't even westernize the sport, I'll uphold Alah Snackbar nnn R E Thang

schestowitz

https://www.minds.com/newsfeed/1294475662286917651?focusedCommentUrn=urn:comment:1294475662286917651:0:0:0:1294487502127632386

schestowitz

schestowitz

"i thought every os has Unix/Linux roots. there are tons of blacklisted character sequences, but so many more that aren't."

-TechBytesBot/#techbytes-www.minds.com | Trend Micro: Linux Malware Targets Huawei Cloud | Minds

https://www.minds.com/newsfeed/1293641629915156500?focusedCommentUrn=urn:comment:1293641629915156500:0:0:0:1294561524852985863

schestowitz

-TechBytesBot/#techbytes-www.minds.com | Debian GNU/Linux 11.1 "Bullseye" Released with 24 Securit... | Minds

schestowitz

"Yeah. Got that one too. I feel safer now. But new bugs appear all the time."

https://www.minds.com/newsfeed/1294683219718836225?focusedCommentUrn=urn:comment:1294683219718836225:0:0:0:1294691570485825537

schestowitz

-TechBytesBot/#techbytes-www.minds.com | People worry about getting 'chipped'. Then go about ranti... | Minds

schestowitz

"Is tracking a phone the same a tracking a person??..are my phone and my name connected??..I use tracfone...no contract

schestowitz

They still see where you live

https://www.minds.com/newsfeed/1294850530534756372?focusedCommentUrn=urn:comment:1294850530534756372:0:0:0:1294852074810380295

schestowitz

schestowitz

"They will come for those who defend this crap in due time. Submit to tyranny you will eventually pay, and pay dearly for doing so. Goes fir the thig cops too, when populations are reduced, you'll all not be needed anymore. Then what, who wilm speak up for you, no one, because you helped the mega rich kill them, so kiss your ass goodbye today, because time and karma is never on anyone's side."

-TechBytesBot/#techbytes-www.minds.com | 2021: July - October Political Notes - Richard Stallman | Minds

https://www.minds.com/newsfeed/1294864339873828869?focusedCommentUrn=urn:comment:1294864339873828869:0:0:0:1294865986297532425

schestowitz

Oct 21 18:06

-TechBytesBot/#techbytes-www.minds.com | Only About 150,000 People Worldwide Use WSL2 (Windows Sub... | Minds

Oct 21 18:06

schestowitz

"I use linux. Fuck windows, its the worst operating system ever designed."

Oct 21 18:06

*leah has quit (Ping timeout: 2m30s)

Oct 21 18:14

*leah (~leah@wrh2nipuzrd3y.irc) has joined #techbytes

Oct 21 18:14

schestowitz

EPO meeting

https://twitter.com/EPOorg/status/1450372400097419265

schestowitz

-TechBytesBot/#techbytes-@EPOorg: Join us at this event for insights into legal topics including the unitary patent, claim interpretation & more from… https://t.co/EU5Mskrqrz

-TechBytesBot/#techbytes-@EPOorg: Join us at this event for insights into legal topics including the unitary patent, claim interpretation & more from… https://t.co/EU5Mskrqrz

> https://twitter.com/EPOorg/status/1450372400097419265

schestowitz

schestowitz

Thanks.

schestowitz

Keep responding and responding!

schestowitz

They don't like it when people refute UPC lies.

schestowitz

It hurts them a LOT.

schestowitz

US-MADE (@USMADEcoalition): "Starting at 2:30pm ET: Senate Judiciary Committee hearing, “Pride in #Patent Ownership: The Value of Knowing Who Owns a Patent" – WATCH: https://bit.ly/3nc6mga @JudiciaryDems #patentquality #patents #USPTO #PTAB #patenttrolls #interpartesreview #intellectualproperty #Congress" | nitter ⚓ https://nitter.eu/USMADEcoalition/status/1450520949858709506 ䷉ #nitter | more in http://schestowitz.com/

-TechBytesBot/#techbytes-nitter.eu | US-MADE (@USMADEcoalition): "Starting at 2:30pm ET: Senate Judiciary Committee hearing, “Pride in #Patent Ownership: The Value of Knowing Who Owns a Patent" – WATCH: https://bit.ly/3nc6mga @JudiciaryDems #patentquality #patents #USPTO #PTAB #patenttrolls #interpartesreview #intellectualproperty #Congress" | nitter

schestowitz

2021/10/21/#latest

-TechBytesBot/#techbytes-schestowitz.com | Schestowitz.com Software Solutions

schestowitz

Fwd: Does the technical effect need to be "proven", or just "plausible"?

schestowitz

Bastian Best

schestowitz

Bastian Best

@https://twitter.com/bastianbest

schestowitz

-TechBytesBot/#techbytes- ( status 400 @ https://mobile.twitter.com/bastianbest )

schestowitz

Martin Wilming recently shared an EPO decision the catchword of which troubles me a bit:

schestowitz

As Martin correctly points out, “proof” is quite a strict standard, whereas my understanding is that “if the application makes it at least plausible that its teaching indeed solves the problem it purports to solve”, that’s generally enough.

schestowitz

Am I missing something here? Does the technical effect need to be “proven” by the applicant, or just made “plausible”?

https://www.judiciary.senate.gov/meetings/pride-in-patent-ownership-the-value-of-knowing-who-owns-a-patent

*rianne (~rianne@62vhapicsw4ds.irc) has joined #techbytes

Oct 21 18:21

*liberty_box (~liberty@62vhapicsw4ds.irc) has joined #techbytes

Oct 21 18:22

schestowitz

@USMADEcoalition) = Kappos

Oct 21 18:23

schestowitz

schestowitz

schestowitz

The Honorable David J. Kappos

-TechBytesBot/#techbytes-www.judiciary.senate.gov | Meeting | Hearings | United States Senate Committee on the Judiciary

schestowitz

Former Director, United States Patent and Trademark Office

schestowitz

Partner at Cravath, Swaine & Moore LLP

schestowitz

Washington D.C.

schestowitz

schestowitz

Honorable???

schestowitz

What does that even man?

schestowitz

*mean

http://techrights.org/2021/10/18/rude-liar-in-austria/

schestowitz

> Something need to happen with the ratification in Austria...

Oct 21 18:36

schestowitz

Oct 21 18:36

-TechBytesBot/#techbytes-techrights.org | The World Needs to Know What Many Austrians Already Know About Rude Liar, the Notorious ‘Double-Dipper’ | Techrights

Oct 21 18:36

schestowitz

> Roy,

schestowitz

schestowitz

> As we approach the 20th anniversary of the passage of the USA PATRIOT

schestowitz

> Act and the start of the modern surveillance state, we hoped you might

schestowitz

> want to speak with our executive director (Albert Fox Cahn

schestowitz

> <https://www.stopspying.org/albert-cahn-bio>) about how supposedly

-TechBytesBot/#techbytes-www.stopspying.org | S.T.O.P. - Albert Fox Cahn Biography — S.T.O.P. - The Surveillance Technology Oversight Project

schestowitz

> temporary, emergency powers have become a permanent fixture in American

schestowitz

> life. Albert has extensively researched and written on the ways that

schestowitz

> modern surveillance powers have reshaped the United States.

schestowitz

schestowitz

> Best,

schestowitz

> Will

http://patentblog.kluweriplaw.com/2021/10/19/slovenia-ratifies-ppa-and-unifed-patent-court-agreement/#comments

*DaemonFC has quit (Ping timeout: 2m30s)

Oct 21 18:48

*rianne has quit (Ping timeout: 2m30s)

Oct 21 19:04

*liberty_box has quit (Ping timeout: 2m30s)

Oct 21 19:04

*rianne (~rianne@62vhapicsw4ds.irc) has joined #techbytes

Oct 21 19:14

*liberty_box (~liberty@62vhapicsw4ds.irc) has joined #techbytes

Oct 21 19:14

schestowitz

-TechBytesBot/#techbytes-patentblog.kluweriplaw.com | Slovenia ratifies PPA and Unifed Patent Court Agreement - Kluwer Patent Blog

schestowitz

schestowitz

17 comments

schestowitz

Jan Verbist

schestowitz

OCTOBER 19, 2021 AT 2:20 PM

schestowitz

The UPC lobby is considering that the UK requirement for the PPA to enter into force will vapourize?

schestowitz

schestowitz

Francine DELGOFFE

schestowitz

OCTOBER 19, 2021 AT 5:05 PM

schestowitz

UK is still a requirement for the PPA to enter into force?

schestowitz

It seems the UPC Preparatory committee has found a workaround to put it into force anyhow.

schestowitz

schestowitz

Patent robot

schestowitz

OCTOBER 19, 2021 AT 6:02 PM

schestowitz

The workaround is the best-kept secret of the EU: after more than 5 years nobody knows how it works

schestowitz

schestowitz

Concerned observer

schestowitz

OCTOBER 19, 2021 AT 6:17 PM

schestowitz

It seems to me that there is a fundamental inconsistency between two beliefs held by proponents of the UPC.

schestowitz

That is, it appears that the UPC’s proponents believe that it is necessary to bring the PAP into force in order to provisionally apply the Articles of the UPCA mentioned in that Protocol, whereas it is NOT necessary to bring into force any other international agreement in order to (provisionally) amend Article 7(2) of the UPCA.

schestowitz

The conclusion and ratification of the PAP indicates that the Participating Member States believe that, on the subject if provisional application, it is necessary to proceed in accordance with the VCLT.

schestowitz

That is, because the UPCA does not itself contain any provisions which would permit its provisional application, the Member States have “in some other manner so agreed” for provisional application of certain parts of the UPCA. This is in accordance with the requirements of Article 25(1)(b) VCLT.

schestowitz

However, when it comes to amendment of Article 7(2) UPCA, it seems that the Participating Member States are of the view that it is NOT necessary to proceed in accordance with the VCLT.

schestowitz

Because Article 87 UPCA provides rules for amending the UPCA, Article 40(1) VCLT dictates that the UPCA must only be amended in accordance with those rules. This creates an inescapable trap, as Article 87 can only be relied upon if and when the UPCA comes into force … which cannot happen unless and until Article 7(2) UPCA is amended to remove the reference to a court location in a non-EU state.

schestowitz

The obvious solution to all of this would be to ditch the current UPCA and to then draft, sign and ratify an amended version that makes no mention of London. Indeed, this is the only solution that would stand any chance of complying with the provisions of the VCLT. However, it seems that the risks associated with the inevitable squabbles over the new location(s) for the London branch are too much for the UPC’s proponents to bear, with the

schestowitz

consequence that the Member States have now developed selective blindness to certain requirements of the VCLT.

schestowitz

Now that the EU is (again) lecturing Poland on the need to adhere to the rule of law, it is immensely hypocritical of the Participating Member States to simultaneously pursue a course of action that, purely for the sake of convenience, completely trashes the rule of law.

schestowitz

schestowitz

DXThomas

schestowitz

OCTOBER 20, 2021 AT 4:24 PM

schestowitz

The solution with Art 87(2) UPCA is a non-solution as Art 87(2) is only there to amend the UPCA after all contracting states have amended their national legislation to either Union law or to international treaties relating to patents. It is a kind of administrative adaptation in order to avoid a diplomatic conference which in a sense would be unnecessary.

schestowitz

But even then Art 87(3) UPCA provides that if one contracting state does not agree, then it will be necessary to convene a revision conference.

schestowitz

The solution under Art 87(2) is not a legal basis for provisionally allocate the duties of the London Section to Paris and/or Munich, for later allocating it to another country/city.

schestowitz

This is legal gobbledygook and cannot be envisaged seriously!

schestowitz

schestowitz

DXThomas

schestowitz

OCTOBER 19, 2021 AT 6:20 PM

schestowitz

The PAP still mentions the UK as necessary signatory state!

schestowitz

It is clear that the UK will not participate, but is it possible to conveniently simply ignore the terms of an international agreement?

schestowitz

This is what I heard up to now, but I have not got a legal basis for this position.

schestowitz

What does it help that Slovenia has ratified the PAP when the problem of Art 7(2) UPCA has not been solved.

schestowitz

What is the legal basis for ignoring here again the terms of an international and ratified agreement?

schestowitz

Art 31 and/or 32 VCLT could be used to interpret the PAP or the UPCA, but in both cases the wording is crystal clear and does not allow any different interpretation. This is a matter of fact and not an opinion.

schestowitz

schestowitz

Jiri Slavik

schestowitz

OCTOBER 19, 2021 AT 6:31 PM

schestowitz

Should I have understood it correctly, the question about the UK being still present verbatim in the UPCA & PPA and their upcoming entry into force was recently answered during a recent session I attended, about the current status of the UPC in a way, that this will be easily dealt with under the interpretation rules of the Vienna Convention, such that UK is to be interpreted as meaning Italy (in view of Art.89(1) UPCA, as I understand it) and that

schestowitz

the relevant representatives of all the MS of the UPCA will agree on this… It does not sound convincing for me, but who am I to tell, probably Courts will, once this will be challenged.

schestowitz

schestowitz

zoobab

schestowitz

OCTOBER 20, 2021 AT 9:01 AM

schestowitz

The replacement of UK by Italy in the PPA using the same logic as the art89 upca is also what i heard from someone well informed.

schestowitz

schestowitz

Concerned observer

schestowitz

OCTOBER 20, 2021 AT 1:14 PM

schestowitz

I can understand the train of thought (I hesitate to call it “logic”) in attempting to rely upon Art. 89(1) UPCA to solve the problem with the PAP. However, interpreting “the United Kingdom” to mean “Italy” does not help to solve the issue with Art. 7(2) UPCA, which instead refers to “London”.

schestowitz

In any event, this train of thought is, or at least by all rights ought to be, heading into the buffers. The very reason that drafting and ratification of a new UPCA is not on the table is that all of the UPC’s proponents want to avoid the risk that squabbles over relocation of the London division of the UPC could kill the entire project. In other words, it is abundantly clear that the current UPCA does not point to any implicit, or uniformly

schestowitz

accepted, alternative meaning for “London”.

schestowitz

For one thing, even if one can determine the country that should host a division of the UPC, this does not equate to an agreement between the Participating Member States upon the precise location for the court within that country. For another, and as Attentive points out, it is impossible to see how methods of interpretation under the VCLT could be used to afford different meanings to terms (such as “the United Kingdom” and “London”) that

schestowitz

are crystal-clear, and therefore need no interpretation.

schestowitz

Which all reaffirms my original suspicions about how the UPC’s proponents would “solve” the issues with the PAP and UPCA … namely, “fake it until you make it”.

schestowitz

schestowitz

DXThomas

schestowitz

OCTOBER 20, 2021 AT 4:44 PM

schestowitz

A possibility to interpret the UPCA under Art 31 or 32 VCLT exists.

schestowitz

This possibility is however limited to the replacement of the UK by IT or NL when it comes to designate the countries necessary for entering into force of the UPCA. The necessary ratifying countries were the three having a given number of EP patents validated at a given date. This implied GB, DE and FR. Replacing GB by IT or NL is not a problem. Anything beyond this, is a problem.

schestowitz

DE, GB and FR all wanted the central section on their territory. After a typical “Brussels” marathon negotiation it was decided to split the central division in 3, London Munich and Paris.

schestowitz

The trust between GB, DE and FR must have been such that to avoid any fiddling, the only way to come out of the deadlock was to put the locations in the UPCA itself. That is why we have the problem of Art 7(2). The same applies to the PAP. As conceived it cannot work without GB, DE and UK which are here again mentioned expressis verbis.

schestowitz

Art 31 and 32 cannot apply to Art 7(2) or to the PAP as the wording is crystal clear and does not suffer any lack of clarity. Art 31 and 32 only apply if a part of a treaty is unclear.

schestowitz

Does anybody think that the countries wanting the duties allocated to London on their territory will accept the “provisional” allocation to Paris and/or Munich? If they do they must still believe in father Christmas!

schestowitz

There are clear legal problems with Art 7(2) and the PAP but they are staunchly ignored by the UPC proponents. They fear that if the UPCA needs to be re-ratified to solve the actual problems, the momentum for the UPC will be lost and all those having participated to its elaboration and especially to the Rules of Procedure for the UPC will miss a return on their investment. It is a simple as that.

schestowitz

schestowitz

Patent robot

schestowitz

OCTOBER 20, 2021 AT 11:33 AM

schestowitz

The Vienna Convention is a fig leaf of those who cannot find proper legal solutions: there is nothing there which could allow the deletion of UK from Art. 3.1 PAP or London from Art. 7.2 UPCA.

schestowitz

By the way, those invoking the Vienna Convention have not read art 56 VCLT, which applies to the UPCA and the UK.

schestowitz

Thus, the only solution is to amend the PAP and the UPCA.

schestowitz

schestowitz

Max Drei

schestowitz

OCTOBER 20, 2021 AT 12:48 PM

schestowitz

On reading that last comment from Jiri Slavik on the UK = Italy point, I really did laugh out loud.

schestowitz

I can imagine in a law firm a partners’ meeting agreeing unanimously that (say) in Paragraph X of the Partnership Agrement, “40%” actually means “60%”. Is it anybody else’s business but that of the law firm partners? Shouldn’t they be free to agree amongst themselves whatever they like? And they are not even Sovereign States.

schestowitz

So what if the UPCA MS’s agree unanimously that in their Agreement “UK” means “Italy”? I mean, they are all Sovereign States, aren’t they? Who is going to tell them they can’t do what they want to do? Some supra-national body perhaps? If so, which one? These days, all such bodies seem to be powerless in the face of rampant nationalism.

schestowitz

It seems that the MS’s all think it “easy”. Perhaps they are right.

schestowitz

schestowitz

Attentive Observer

schestowitz

OCTOBER 20, 2021 AT 11:19 PM

schestowitz

The problem is that the VCLT is only there when a treaty needs interpretation. No interpretation is necessary when the treaty is crystal clear. What do you need to interpret when UK or London are written in the treaty?

schestowitz

France and Germany have unilaterally decided to distribute “provisionally” the duties allocated to London to Paris or Munich in order to allocate those duties later to another country. Do you think that Italy or the Netherlands will just nod in approbation with this trick?

schestowitz

I think that we might have to wait for a long time for such unanimity of the contracting states!

schestowitz

I have just ever heard Italy claiming that the London duties should go to Milan or Turin.

schestowitz

schestowitz

Patent robot

schestowitz

OCTOBER 21, 2021 AT 9:49 AM

schestowitz

Italy has been asking for years to move the London section to Milan, since Italy is now the third most important country of the UPC, however there is no legal solution to do so.

schestowitz

For the same reason, the London section cannot be moved to Paris or Munich.

schestowitz

schestowitz

Patent robot

schestowitz

OCTOBER 21, 2021 AT 10:25 AM

schestowitz

If they have agreeded, the UPCA MS could have easily amended and re-ratified the PAP and the UPCA after Brexit (since 2016…).

schestowitz

However, they have not done so and now there is no other legal solution.

schestowitz

schestowitz

Concerned observer

schestowitz

OCTOBER 21, 2021 AT 12:23 PM

schestowitz

Max, I think that you have hit the nail on the head. When it comes to international agreements, the rule of law is only an impediment for those who are bothered about following it.

schestowitz

Exhibit A would be the Northern Ireland Protocol. Does anyone seriously believe that, as soon as the eminently predictable downsides of that Protocol started to produce noticeable effects, a UK government headed by Mr Johnson would hesitate to (threaten to) either ignore or override the provisions to which it had originally agreed (after YEARS of negotiation)? I mean, which court could force the UK to honour the agreement that it signed? Whilst the

schestowitz

EU may have ways of “encouraging” the UK to do so, all of those are practical (eg treating the Withdrawal Agreement as having been breached, and therefore imposing WTO-level tariffs on all trade with the UK). However, this then means that the EU will have to weigh up whether the UK’s position on the NI Protocol is so unacceptable that it makes it worthwhile blowing up the whole Withdrawal Agreement.

schestowitz

This all reinforces the fact that there is no way for citizens, as opposed to countries or trading blocks, to ensure that signatories to an international treaty honour their obligations under that treaty.

schestowitz

Of course, this begs the question of what any citizen could do if, once the UPC is up-and-running, the Participating Member States permitted that court to operate in ways that diverge from any sensible interpretation of the provisions of the UPCA. In this situation, any citizen whose (patent) rights were adversely and improperly affected by the UPC’s actions would then face an impossible situation. That is, to whom would they turn in order to

schestowitz

ensure that the UPC handles their rights correctly, as set out in the relevant (international) legislation?

schestowitz

If the powers that be within the UPC were intent upon adopting an implausible interpretation of the UPCA, what could be done? If the matter related to a patent falling within the (exclusive) competence of the UPC, would any national court agree to intervene?

schestowitz

This may all sound far-fetched. However, precisely this kind of scenario has already played out (twice!) at another international organisation tasked with handling patents, namely the EPO. The EPO’s management has pushed absurd “interpretations” of both Article 53b EPC (by way of Rule 28(2) EPC) and Article 116 EPC (including by way of Article 15a RPBA). On both occasions, the Enlarged Board of Appeal has found “creative” ways of falling

schestowitz

in line with the EPO management’s agenda. One might also question whether they have done so on a third occasion, namely in G 2/19.

schestowitz

Welcome to the new age of “democracy”, where unfettered powers to interpret and apply laws are handed to international civil servants who, due to privileges and immunities, are completely unaccountable to the citizens whose rights they affect!

schestowitz

schestowitz

Peter Parker

schestowitz

OCTOBER 21, 2021 AT 11:14 AM

schestowitz

A protocoll where all members agree that London means Milan and UK means Italy could indeed be a pragmatic solution. IF this aarrangement is successfully challanged in a country, the agreement could be opended again and amended properly… usually, the constitutional courts would grant a time period to get this done rather than directly declare a countries participation null and void because of this I would guess.

schestowitz

schestowitz

//// for backup

schestowitz

(they DELETE comments)