●● IRC: #techbytes @ Techrights IRC Network: Friday, April 26, 2024 ●● ● Apr 26 [01:52] *x-amarsh04 has quit (Quit: Konversation terminated!) [01:57] *x-amarsh04 (~amarsh04@qezxp5nudz5uq.irc) has joined #techbytes ● Apr 26 [02:22] schestowitz[TR2] http://ipkitten.blogspot.com/2024/04/upckat-preliminary-injunctions-in-upc.html?showComment=1713882386319#c4896931614273185288 [02:22] -TechBytesBot/#techbytes-ipkitten.blogspot.com | [UPCKat] Preliminary injunctions in the UPC: CUP&CINO v Alpina Coffee Systems - The IPKat [02:22] schestowitz[TR2] "The present decision of the UPC has been commented in another blog.

The patent monopoly on which the request for a PI was not opposed.

It is interesting to note that when applying Art 69 and the protocol, the Vienna local section of the UPC read into independent claim 2 limitations which were not contained in it.

This is in clear contradiction with a long line of case law of the boards of appeal [02:22] schestowitz[TR2] of the EPO according to which it is not allowed to read into the claims a limitation only present in description.

Can we see here first divergences between the case law of the UPC and of the boards of appeal of the EPO in matters of interpretation of claims?

Independent clam 2 is silent about the minimum length of the line section downstream of the throttle. It simply claims that the diameter of the line sec [02:22] schestowitz[TR2] tions upstream and downstream of the throttle are different.

According to [0032] of the description, the difference in diameter is only preferable, whereas the length of the downstream line should, in order to achieve the effect of homogenisation of the milk foam, be at least be 0,5 m. It can go up to 2m, but is preferably 1,50 m.

Something seems to have gone wrong during examination." ● Apr 26 [05:28] *psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytes ● Apr 26 [06:09] DaemonFC Most of the rest of the world is fucked up worse than we are, or at least in other ways. [06:10] DaemonFC I'd rather take my chances with "gun violence" than live in such a shitfuckinghellhole as most other English speaking countries where you can be arrested for offending people. [06:10] *Rodney_ has quit (Ping timeout: 120 seconds) [06:11] DaemonFC I was talking to John today about Canada. He said the Canadian border patrol people are nice and then when you're coming back into the US, ours are really really mean. [06:11] DaemonFC I said the Canadian ones are used to biting their tongue because it's the law. [06:11] DaemonFC The American ones are mean because they have to deal with so many Canadians all day. [06:13] DaemonFC Every time I see TikTok CEO Shou Zi Chew in the news I start singing Suzie Q by CCR. [06:13] DaemonFC :P [06:38] *gyemsz (~DaxSon@freenode-2ue.6ih.pu7h8v.IP) has joined #techbytes ● Apr 26 [07:41] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes [07:48] schestowitz[TR2]
  • [07:48] schestowitz[TR2]
    Dan Solove on Privacy Regulation
    [07:48] schestowitz[TR2]
    [07:48] schestowitz[TR2]

    Law professor Dan Solove has a new article on privacy regulation. In his email to me, he writes: Ive been pondering privacy consent for more than a decade, and I think I finally made a breakthrough with this article. His mini-abstract:

    [07:48] schestowitz[TR2]

    "In this Article I argue that most of the time, privacy consent is fictitious. Instead of futile efforts to try to turn privacy consent from fiction to fact, the better approach is to lean into the fictions. The law cant stop privacy consent from being a fairy tale, but the law can ensure that the story ends well. I argue that privacy consent should confer less legitimacy and p [07:48] schestowitz[TR2] ower and that it be backstopped by a set of duties on organizations that process personal data based on consent."

    [07:48] schestowitz[TR2]
    [07:48] schestowitz[TR2]
    • [07:49] -TechBytesBot/#techbytes-Dan Solove on Privacy Regulation - Schneier on Security [07:49] schestowitz[TR2] DaemonFC: yeah, i know ● Apr 26 [08:16] DaemonFC schestowitz[TR2]: Lobster is writing about you. [08:16] DaemonFC He's so creepy he can probably identify the brand of pepper spray by how it burns. [08:21] schestowitz[TR2] it can only waste time [08:21] schestowitz[TR2] unless you ignore [08:24] *Noisytoot has quit (Ping timeout: 2m30s) [08:26] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes [08:27] schestowitz[TR2] "Malala Yousafzai confirms support for Palestine after backlash over musical with Hillary Clinton" [08:27] schestowitz[TR2] x https://thehill.com/blogs/blog-briefing-room/4619597-malala-yousafzai-confirms-support-for-palestine-after-backlash-over-musical-with-hillary-clinton/ [08:27] -TechBytesBot/#techbytes- ( status 403 @ https://thehill.com/blogs/blog-briefing-room/4619597-malala-yousafzai-confirms-support-for-palestine-after-backlash-over-musical-with-hillary-clinton/ ) [08:32] *Noisytoot has quit (Ping timeout: 2m30s) [08:34] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes [08:52] DaemonFC schestowitz[TR2]: I came across the 2008 listing for this building. [08:52] DaemonFC They called it a beauty and a well oiled machine. [08:53] DaemonFC Nobody's changed the oil since 1977, but it's well oiled you know. ● Apr 26 [09:55] *psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytes [09:56] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes ● Apr 26 [10:01] *psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytes [10:02] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes [10:28] *Noisytoot has quit (Ping timeout: 2m30s) [10:39] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes ● Apr 26 [11:06] *Moocher5254 (~quassel@6i8ckjmvfhgyw.irc) has joined #techbytes [11:54] *Noisytoot has quit (Ping timeout: 2m30s) [11:55] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes ● Apr 26 [12:08] *psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytes ● Apr 26 [14:56] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes ● Apr 26 [16:34] *psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytes [16:54] *jacobk (~quassel@32hz32it3ih2k.irc) has joined #techbytes ● Apr 26 [17:17] schestowitz[TR2] http://ipkitten.blogspot.com/2024/04/upckat-preliminary-injunctions-in-upc.html?showComment=1714031895712#c5563267725905785615 [17:17] schestowitz[TR2] "It seems that the Vienna LD very reasonably applies the same logic as used in the German "Spannschraube" decision - the bare meaning of the words of the claim may encompass the alleged infringing act but if read with the eyes of a skilled person in the light of the description, the words used have a particular meaning in the context of the patent." [17:17] -TechBytesBot/#techbytes-ipkitten.blogspot.com | [UPCKat] Preliminary injunctions in the UPC: CUP&CINO v Alpina Coffee Systems - The IPKat [17:18] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes [17:24] *Noisytoot has quit (Ping timeout: 2m30s) [17:25] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes [17:25] *psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytes [17:57] *jacobk has quit (Ping timeout: 2m30s) ● Apr 26 [18:11] *jacobk (~quassel@2j2enej2k6pt4.irc) has joined #techbytes [18:39] *jacobk has quit (Ping timeout: 2m30s) [18:55] schestowitz[TR2] > Hi Roy, [18:55] schestowitz[TR2] > [18:55] schestowitz[TR2] > Cheers for inclusing our last posting in the Tux links. [18:55] schestowitz[TR2] > [18:55] schestowitz[TR2] > These are great sources on high level scepticism of Microsoft's [18:55] schestowitz[TR2] > security record, thanks for digging them up! I commented on Schniere's [18:55] schestowitz[TR2] > site with these as links. [18:55] schestowitz[TR2] > [18:55] schestowitz[TR2] > At some point we'll do a cybershow segment on it, as Microsoft [18:55] schestowitz[TR2] > certainly have a*spectacular* track record of security failure, and [18:55] schestowitz[TR2] > to ever trust that company going forward would be madness. [18:55] schestowitz[TR2] > [18:55] schestowitz[TR2] > But I don't want to just pile on Microsoft through, for the simple [18:55] schestowitz[TR2] > reason that it's distracting from a larger picture that all the Big [18:55] schestowitz[TR2] > Tech companies are an enormous cybersecurity risk. Even if you just [18:55] schestowitz[TR2] > factor out al the politics the problems are baked into the scale, [18:55] schestowitz[TR2] > profit motives and (lack of proper) sofware angineering practices. [18:55] schestowitz[TR2] > [18:55] schestowitz[TR2] > Google escape this kind of talk, because of their proximity ti US [18:55] schestowitz[TR2] > defence money. They are equally problematic to the common civic [18:55] schestowitz[TR2] > cybersecurity of the average citizen. [18:55] schestowitz[TR2] > [18:55] schestowitz[TR2] > Perhaps in the future we can look at what each Big Tech organisation [18:55] schestowitz[TR2] > has in common. to see the threat more generally. I think that makes [18:55] schestowitz[TR2] > the analysis and arguments more powerful. [18:55] schestowitz[TR2] > [18:55] schestowitz[TR2] > Later we're releasing a (I hope) rather interesting extended episode [18:55] schestowitz[TR2] > on CCTV and crime. I am not sure how well it fits with Techrights [18:55] schestowitz[TR2] > themes but we'd lve you guys to give it a listen. [18:55] schestowitz[TR2] > [18:55] schestowitz[TR2] > cheers, [18:55] schestowitz[TR2] This sounds like a super-relevant episode for us to comment on. [18:55] schestowitz[TR2] Regarding CCTV, 2013: http://schestowitz.com/Weblog/archives/2013/05/25/surveillance/ [18:56] -TechBytesBot/#techbytes-schestowitz.com Blog Archive CCTV Not Effective ● Apr 26 [19:53] *parsifal (~parsifal@uuar9r28yasyu.irc) has joined #techbytes ● Apr 26 [22:12] *x-amarsh04 has quit (Quit: Konversation terminated!) [22:23] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytes ● Apr 26 [23:55] *Noisytoot has quit (Ping timeout: 2m30s) [23:56] *Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytes