●● IRC: #techbytes @ Techrights IRC Network: Wednesday, January 31, 2024 ●● ● Jan 31 [01:06] *synapse has quit (Ping timeout: 120 seconds) [01:06] *synapse has quit (Ping timeout: 120 seconds) [01:18] *synapse (~synapse@freenode-2ue.6ih.pu7h8v.IP) has joined #techbytes [01:18] *synapse (~synapse@freenode-2ue.6ih.pu7h8v.IP) has joined #techbytes ● Jan 31 [02:01] *synapse has quit (Ping timeout: 120 seconds) [02:01] *synapse has quit (Ping timeout: 120 seconds) [02:11] *synapse (~synapse@freenode-2ue.6ih.pu7h8v.IP) has joined #techbytes [02:11] *synapse (~synapse@freenode-2ue.6ih.pu7h8v.IP) has joined #techbytes [02:20] *asusbox has quit (Ping timeout: 2m30s) [02:21] *rianne_ has quit (Ping timeout: 2m30s) ● Jan 31 [05:56] schestowitz[TR] "There seems to be a minor trend at the moment of filing petitions for review based on the allegation that the Board of Appeal in its decision has invented a new legal test, or adopted a new line of reasoning, without giving parties the opportunity to comment.

Among pending cases at least the following come to mind:

R 18/23 (T 522/21): alleged introduction of full implementation of the claimed invention r [05:56] schestowitz[TR] equirement under Article 83 EPC creating a new legal standard on which parties were not heard (paragraphs 45-46 of the petition)

R 12/23 (T 345/21): alleged reliance on gold standard in written decision rather than essentiality test without adequate opportunity for parties to comment and without actually applying the gold standard in full in the decision (paragraphs 2.i and ii of the petition)

R 15/22 (T 980/19): alleged reformulation of objective technical problem without giving any notice to parties (paragraph 3.4 of the petition)

R 7/21 (T 2842/18): alleged adoption of new certainty standard for assessing 123(2) (pages 13 onwards of the petition)

R 8/19 (T 1537/16): alleged reformulation of objective technical problem without notice to parties (paragraph (06) of the petition)

In most cases these types of petition seem to be a thinly-disguised attempt to get the Enlarged Board to review substantive aspects of patentability, which seems doomed to failure. (I am sure that there are also (unsuccessful) petitions which have already been decided along similar lines.)

I wonder why parties are choosing to adopt what they must surely know to be futile arguments.

In principle it is right t [05:56] schestowitz[TR] hat petitions should be an extraordinary remedy, otherwise the petition process risks becoming a de facto second level of appeal and everything would become subject to a petition, adding time and uncertainty to the outcome of proceedings at the EPO. However, the underlying facts as presented in many petitions can sometimes leave the feeling that the RPBA give the Boards freedom to behave in a not entirely equitable way, while the pe [05:56] schestowitz[TR] tition procedure is so tightly restricted that it leaves parties without any recourse against Boards misusing their discretion under the RPBA.

Is it time for the EPO to take another look at whether the current petition system strikes the right balance? Or is the current state of affairs about right? What do readers think?" [05:56] schestowitz[TR] http://ipkitten.blogspot.com/2024/01/petition-of-review-filed-in-referring.html?showComment=1706531044058#c5813874736959862582 [05:56] -TechBytesBot/#techbytes-ipkitten.blogspot.com | Petition for review filed in referring decision to G2/21 (T 0116/18) - The IPKat [05:58] *rianne_ (~rianne@24axkg87jqny6.irc) has joined #techbytes [05:58] *asusbox (~rianne@24axkg87jqny6.irc) has joined #techbytes ● Jan 31 [06:08] *rianne_ has quit (Ping timeout: 2m30s) [06:08] *asusbox has quit (Ping timeout: 2m30s) [06:12] *asusbox (~rianne@24axkg87jqny6.irc) has joined #techbytes [06:12] *rianne_ (~rianne@24axkg87jqny6.irc) has joined #techbytes [06:19] *XFaCE has quit (Quit: Retiring completely for now ("Automatic for the people, thanks for all the fish")) [06:27] *XFaCE (~XFaCE@uzfeivw9fp6ba.irc) has joined #techbytes [06:38] *XFaCE has quit (Quit: Retiring completely for now ("Automatic for the people, thanks for all the fish")) [06:41] *XFaCE (~XFaCE@uzfeivw9fp6ba.irc) has joined #techbytes [06:48] schestowitz[TR] I'm filing a complaint with the Consumer Financial Protection Bureau about a consumer reporting agency founded by Microsoft executives. [06:48] schestowitz[TR] and later you said it in the main channel [06:48] schestowitz[TR] anyway, sounds like a plan [06:48] DaemonFC schestowitz[TR]: And others. ● Jan 31 [07:35] *schestowitz-TR has quit (Quit: Konversation term) [07:35] *schestowitz-TR has quit (Quit: Konversation term) [07:35] *schestowitz-TR has quit (Quit: Konversation term) [07:36] *schestowitz-TR (~acer-box@24axkg87jqny6.irc) has joined #techbytes [07:36] *schestowitz-TR (~acer-box@freenode-54p.goo.k31cok.IP) has joined #techbytes [07:36] *schestowitz-TR (~acer-box@freenode-54p.goo.k31cok.IP) has joined #techbytes [07:42] *schestowitz-TR has quit (Quit: Konversation term) [07:42] *schestowitz-TR has quit (Quit: Konversation term) [07:42] *schestowitz-TR has quit (Quit: Konversation term) [07:42] *schestowitz-TR (~acer-box@24axkg87jqny6.irc) has joined #techbytes [07:42] *schestowitz-TR (~acer-box@freenode-54p.goo.k31cok.IP) has joined #techbytes [07:42] *schestowitz-TR (~acer-box@freenode-54p.goo.k31cok.IP) has joined #techbytes ● Jan 31 [08:53] schestowitz[TR]
  • [08:53] schestowitz[TR]
    ZFS encryption and notification service on OmniOS
    [08:53] schestowitz[TR]
    [08:53] schestowitz[TR]

    I have a Dell server in a colo. It (will) hosts some virtual machines and (private) data. And because trust does not exclude control (on your data), I do encrypt (at rest) some of the storage.

    [08:53] schestowitz[TR]

    Read the zpool-features(7) and zfs(8) manpages to learn about the encryption feature. Read the smf(7) manpage to learn about Solaris service management facility.

    [08:53] schestowitz[TR]
    [08:53] schestowitz[TR]
    • [08:53] -TechBytesBot/#techbytes-www.tumfatig.net | TuM'Fatig - ZFS encryption and notification service on OmniOS ● Jan 31 [09:47] schestowitz[TR] x https://llm-misinformation.github.io/ [09:47] schestowitz[TR] # publishing via m$ instead of her host institution -- possible scam [09:47] -TechBytesBot/#techbytes-llm-misinformation.github.io | LLMs Meet Misinformation [09:47] schestowitz[TR] x https://siliconangle.com/2024/01/30/microsoft-blows-away-earnings-estimates-ais-contribution-grows/ [09:47] -TechBytesBot/#techbytes-Microsoft again blows away earnings estimates as AI's contribution grows - SiliconANGLE [09:50] schestowitz[TR] x https://www.axios.com/2024/01/30/microsoft-security-flaw-cloud-azure [09:50] -TechBytesBot/#techbytes- ( status 403 @ https://www.axios.com/2024/01/30/microsoft-security-flaw-cloud-azure ) [09:57] schestowitz[TR] x https://siliconangle.com/2024/01/30/cisco-teams-microsoft-samsung-enhanced-hybrid-meeting-collaboration/ [09:57] -TechBytesBot/#techbytes-Cisco teams with Microsoft and Samsung for enhanced hybrid meeting collaboration - SiliconANGLE [09:58] schestowitz[TR] x https://www.404media.co/microsoft-closes-loophole-that-created-ai-porn-of-taylor-swift/ [09:58] schestowitz[TR] x https://www.thenation.com/article/world/arab-opinion-gaza-united-states-analysis/ [09:58] -TechBytesBot/#techbytes-www.404media.co | Microsoft Closes Loophole That Created AI Porn of Taylor Swift [09:58] -TechBytesBot/#techbytes-www.thenation.com | Arab Citizens Are Livid Over Gaza. The US Ignores Them at Its Peril. | The Nation [09:58] schestowitz[TR] x https://pressgazette.co.uk/publishing-services-content/publishing-on-the-open-web-is-broken-how-generative-ai-could-help-fix-it/ [09:58] schestowitz[TR] # spam [09:58] -TechBytesBot/#techbytes-pressgazette.co.uk | Founder of generative AI publishing platform Affino interviewed [09:59] schestowitz[TR] x https://www.hindustantimes.com/brand-stories/mu-sigma-showcases-its-roster-of-problem-solving-capabilities-at-the-microsoft-technology-center-101697186170822.html [09:59] -TechBytesBot/#techbytes-www.hindustantimes.com | Mu Sigma Showcases Its Roster of Problem-Solving Capabilities at the Microsoft Technology Center - Hindustan Times ● Jan 31 [11:41] *psydroid2 (~psydroid@u8ftxtfux23wk.irc) has joined #techbytes ● Jan 31 [12:26] *prx0c (~prx0e@freenode-il5jlq.r53i.iv3q.766qfd.IP) has joined #techbytes [12:26] *prx0c (~prx0e@freenode-il5jlq.r53i.iv3q.766qfd.IP) has joined #techbytes [12:39] *u-amarsh04 has quit (Quit: Konversation terminated!) 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