●● IRC: #boycottnovell @ Techrights IRC Network: Tuesday, March 01, 2022 ●● ● Mar 01 [00:02] *libertybox has quit (Ping timeout: 2m30s) [00:02] *schestowitz-TR has quit (Ping timeout: 2m30s) [00:03] *acer-box has quit (Ping timeout: 120 seconds) ● Mar 01 [01:12] *libertybox (~schestowitz_log@pumv3cb2rfinu.irc) has joined #boycottnovell [01:12] *schestowitz-TR (~acer-box@pumv3cb2rfinu.irc) has joined #boycottnovell [01:12] *Techrights-sec2 (~quassel@pumv3cb2rfinu.irc) has joined #boycottnovell [01:12] *Techrights-sec2 (~quassel@joseon-gf7s9m.am6e.nqgd.t29qgt.IP) has joined #boycottnovell [01:13] *schestowitz-TR (~acer-box@freenode/user/schestowitz) has joined #boycottnovell [01:13] *Techrights-sec has quit (Ping timeout: 2m30s) [01:15] *Techrights-sec has quit (Ping timeout: 120 seconds) [01:26] *schestowitz-TR has quit (Connection closed) [01:26] *schestowitz-TR has quit (connection closed) [01:27] *schestowitz-TR (~acer-box@pumv3cb2rfinu.irc) has joined #boycottnovell [01:27] *schestowitz-TR (~acer-box@freenode/user/schestowitz) has joined #boycottnovell ● Mar 01 [02:13] *u-amarsh04 has quit (connection closed) [02:13] *u-amarsh04 has quit (Connection closed) [02:56] schestowitz > Hello again, Roy. [02:57] schestowitz > [02:57] schestowitz > I am sending this email anonymously and I would like to remain so. I [02:57] schestowitz > trust you will not publish or share this email address. Thank you. [02:57] schestowitz > [02:57] schestowitz > Have you noticed RMS is not speaking at LibrePlanet this year? [02:57] schestowitz > https://libreplanet.org/2022/program/ [02:57] -TechrightsBN/#boycottnovell-libreplanet.org | LibrePlanet Program [02:57] schestowitz > [02:57] schestowitz > Next step: Stallman out of the board. [02:57] schestowitz Hi, [02:57] schestowitz On what basis do you think they would 'oust' him? ● Mar 01 [03:09] schestowitz https://twitter.com/Gonzalo_VC23/status/1498450496658493441 [03:09] -TechrightsBN/#boycottnovell-@Gonzalo_VC23: @schestowitz :-D [03:14] schestowitz " [03:14] schestowitz Mine is dredmorbius@protonmail.com [03:14] schestowitz Have you attempted contacting Lukas Matt or FENEAS directly yet? [03:14] schestowitz Thanks. [03:14] schestowitz " [03:15] schestowitz " [03:15] schestowitz Hi Roy from Manchester! [03:15] schestowitz I'm one of yours readers. [03:15] schestowitz After reading those of your (many) pills about gemini, I've decided to setup my capsule, too. [03:15] schestowitz And I remember that you had a post about this at one moment. But, I can't locate it. [03:15] schestowitz I have a internet domain hosted by a hoster in The Netherlands. And I want to get htpp and gemini. [03:15] schestowitz There are not any step-by-step recipes available on how to get a gemini website (text, couple pictures) plus a blog. And you have I think the most advanced capsule and more experience than me. Could please help me and enlight me? [03:15] schestowitz Many thanks! [03:15] schestowitz " [03:15] schestowitz Hi, please have a look at agate setup (some minor details have changed since because of newer versions being available) http://techrights.org/2021/02/23/gemini-server-with-agate/ [03:16] -TechrightsBN/#boycottnovell-techrights.org | How to Set Up a Gemini Server of Your Own, Even on a Simple Single-Board Computer | Techrights ● Mar 01 [06:01] *DaemonFC has quit (connection closed) ● Mar 01 [08:32] *activelow (~activelow@vd4283mvfyqgk.irc) has joined #boycottnovell [08:45] *schestowitz-TR has quit (Quit: Konversation term) [08:45] *schestowitz-TR has quit (Quit: Konversation term) [08:46] *schestowitz-TR (~acer-box@pumv3cb2rfinu.irc) has joined #boycottnovell [08:46] *schestowitz-TR (~acer-box@freenode/user/schestowitz) has joined #boycottnovell [08:47] *psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #boycottnovell [08:47] *psydroid2 (~psydroid@memzbmehf99re.irc) has joined #boycottnovell [08:48] Techrights-sec2 cron does not seem to run at all for gemini [08:48] Techrights-sec2 scratch that, found the typo [08:48] Techrights-sec2 today there was no temporary outage [08:48] schestowitz-TR latest I have been shifting between 2 tc modes, for times I need to give more b//w to [08:48] schestowitz-TR the pi [08:48] schestowitz-TR esp. if some cron jobs time out [08:48] schestowitz-TR yesterday at end of night I had to run lots of things, mostly manually [08:51] Techrights-sec2 which things failed on the change of month? [08:51] Techrights-sec2 there are a lot of dependencies based on the presence of directories and [08:51] Techrights-sec2 files. Some will start working once there is a post in Gemini. [08:51] Techrights-sec2 running gemini-cron-updater.sh atm [08:54] schestowitz-TR wait, there is a misunderstandinmg [08:54] schestowitz-TR all the things I did manually had no automation at place at all [08:54] schestowitz-TR they are on different servers, even deskto [08:54] schestowitz-TR including some stuff like making monthly pages for viddeos [08:54] schestowitz-TR on another note, I have jujst opened daily links [08:54] schestowitz-TR I see a profound change, as there is no "line" for social control media [08:54] schestowitz-TR but I think, hang on, maybe that's a gOOD tHING (tm) [08:54] schestowitz-TR MAYBE i CAN STOP SOCIAL MEDIA "FASTING" EARLY [08:54] schestowitz-TR caps not intentionnal ^^ [08:54] schestowitz-TR which makes for gradual phasing out [08:54] schestowitz-TR yesterday I checked what it involved toi run a one-user diaspora instance [08:54] schestowitz-TR it's a pain to maintain [08:54] schestowitz-TR little value for effort [08:55] Techrights-sec2 ack [08:55] Techrights-sec2 ah ok [08:55] Techrights-sec2 Yes, it is Fat Tuesdsay today isn't it. [08:55] Techrights-sec2 yes, those kinds of services are a right PITA to operate, thus the economoy of [08:55] Techrights-sec2 scale. If anyone were serious about (re-)decentralization, they'd make it [08:55] Techrights-sec2 as easy as running OpenBSD's HTTPd or thereabouts. [08:57] schestowitz-TR not sure if you saw it, but openbsd httpd was pointed out by the young ukranian (somehaxor) in IRC [08:57] schestowitz-TR yesterday [08:57] schestowitz-TR In any event, don't resend or change anything [08:57] schestowitz-TR I want to see how I cope with different workflow [08:57] schestowitz-TR maybe I will find some better way [08:57] Techrights-sec2 in which context? [08:57] Techrights-sec2 (looking at the archive now) [08:57] Techrights-sec2 ack ● Mar 01 [09:02] schestowitz-TR I cannot recall the context in which openbd was mentioned, maybe the latest netcraft report [09:02] schestowitz-TR Microsoft floudering again [09:02] schestowitz-TR but, to me, twitter is not important [09:02] schestowitz-TR if you saw twitter "analytics" [09:02] schestowitz-TR you would understand [09:02] schestowitz-TR I once did a video about it [09:02] schestowitz-TR showing how over the past 5 years [09:02] schestowitz-TR traffic was declining steadily [09:02] schestowitz-TR no matter what gets posted [09:02] schestowitz-TR it's not like all of a suddent this year oir next year [09:02] schestowitz-TR it'll bounce back [09:02] schestowitz-TR I saw that before in digg.com and other sites [09:02] schestowitz-TR the writings are on the wall [09:02] schestowitz-TR as for diaspora, with zero followers [09:02] schestowitz-TR there would be tons of catching up to do [09:02] schestowitz-TR I checked the hundreds of existing instances [09:02] schestowitz-TR who knows where they will be in 5 years, let alone more [09:02] schestowitz-TR that's what I entertained the idea of self-hosting it [09:02] schestowitz-TR I tried on the techrights servers ages ago and run it [09:02] schestowitz-TR those files are still there somewhere in homedir [09:02] schestowitz-TR but the point is, [09:02] schestowitz-TR for shity shiity shiotty "tweets" this is hardly [09:03] schestowitz-TR worth the effort [09:03] schestowitz-TR you then neer to aslso mmanage [09:03] schestowitz-TR email notifications which means jumping through gulagsoft hooops [09:03] schestowitz-TR cenrtifications, APIs with "services" and tokens and all [09:03] schestowitz-TR this is tackling a real isssue [09:03] schestowitz-TR a 2010 issue [09:03] schestowitz-TR not a 2022 issue [09:03] schestowitz-TR people are glued to "smart" phones now [09:03] schestowitz-TR and they apparently use more gulagtube and netflix (drm) and [09:03] schestowitz-TR tiktok no [09:03] schestowitz-TR I don't keep up with these things [09:03] schestowitz-TR but you could argue osysee if the new generation [09:03] schestowitz-TR along with peertube [09:03] Techrights-sec2 every minute people spend glued to their smartphones is a minute not only that [09:03] Techrights-sec2 they won't get back but takes away from what would have been a wealth of skills [09:03] Techrights-sec2 and experiences, thus cutting into their futures. That goes 100x for youth. [09:04] schestowitz-TR I mean, looki, I can justify doing all this a decade ago [09:04] schestowitz-TR (to myself) [09:04] schestowitz-TR because the situation was different back then [09:04] schestowitz-TR like when corbyn ran for PM [09:04] schestowitz-TR and my tweets got like 100-200k impressions a day [09:06] schestowitz-TR for diaspora, ttl is 72 hours plus [09:06] schestowitz-TR so stopping on my own a little early might be ok [09:06] schestowitz-TR not much to be lost [09:06] schestowitz-TR there is time to be gained [09:06] schestowitz-TR like time collecting stuff from geminispacew [09:06] schestowitz-TR and making our daily links more useful [09:06] Techrights-sec2 yes [09:06] Techrights-sec2 Speaking of links, how should the acquisitions be tuned? [09:06] Techrights-sec2 I presume there is no need to check Mastodon's Fediverse any more either? [09:08] schestowitz-TR some "toots" can be 'addictive' because they are relevant [09:08] schestowitz-TR but little effort was put intoo writing them [09:08] schestowitz-TR so it is like that SMS mindset [09:08] schestowitz-TR which dicourage proper understanding of stuff [09:09] schestowitz-TR and does not reward the hard work [09:09] schestowitz-TR iirc, dctorow just copy-pastes his long-form articles [09:09] schestowitz-TR into mamut.fr or whatever [09:09] Techrights-sec2 yes, doctorow has a proper blog to track anyway [09:11] schestowitz-TR doctorow wasted many years writing for tabloid trash [09:11] schestowitz-TR which he now tells me he wants to distancxce himself from [09:11] schestowitz-TR as they do things he does not agreee with [09:11] schestowitz-TR book sales and eff help him make a living [09:11] schestowitz-TR and he focuses on his own blog, iirc on his very own platform [09:11] schestowitz-TR at long last [09:11] schestowitz-TR in twitter I saw the other day that I had exceeded 950k tweets [09:11] Techrights-sec2 ack [09:11] schestowitz-TR but those numbers do not matter and are not visible like they [09:11] schestowitz-TR used to be [09:11] schestowitz-TR you hgave to use some tricks to see them [09:11] schestowitz-TR I can still occasionally use such accounts to highlight [09:11] schestowitz-TR only important things [09:25] schestowitz-TR links about 4 times faster than before [09:25] schestowitz-TR one side advantage is, the chance of my account being banned from twitter with [09:25] schestowitz-TR everything lost for good is a lot lower [09:25] schestowitz-TR if I post almost nothing [09:25] schestowitz-TR nide note [09:25] schestowitz-TR relevant nevertheless [09:25] schestowitz-TR twitter profits from the conflict [09:25] schestowitz-TR why? [09:25] schestowitz-TR because usually my twwets there get like 20-30 times fewers views than [09:25] schestowitz-TR the ones that mention ukraine by name or as hashtag [09:25] schestowitz-TR and you know [09:25] schestowitz-TR how doomscrolling works [09:25] schestowitz-TR and what sort of "End of world" BS [09:25] schestowitz-TR would be favoured, promoted etc. [09:25] schestowitz-TR esp. at times of despair [09:25] schestowitz-TR not limited to fin ancial [09:25] schestowitz-TR should i screenshoits this or do sa video to demonsterate the iossue? [09:25] schestowitz-TR ok [09:25] Techrights-sec2 ack [09:25] Techrights-sec2 As mentioned before this conflict in Euruope is further normalizing the misuse [09:25] Techrights-sec2 of social control media by officials and agencies. They are misusing it [09:25] Techrights-sec2 in place of official channels of communication and the press is feeding on [09:25] Techrights-sec2 that and helping normalize it beyond what has previously happened. [09:25] Techrights-sec2 Now Zuckerberg and Dorsey are the bottleneck through which leaders of state [09:25] Techrights-sec2 must squeeze to reach the public. [09:25] Techrights-sec2 The press only hurts themselves by promoting social control media. [09:25] Techrights-sec2 ack [09:25] Techrights-sec2 yes [09:25] Techrights-sec2 interesting [09:26] Techrights-sec2 screenshot + article to document it [09:29] schestowitz-TR I have begun drafting some stuff [09:29] schestowitz-TR I see that TechDirt works after the migration, one "Daily" 'Deal' [sic] [09:29] schestowitz-TR crept through [09:32] schestowitz-TR wow, I am going through the links very fast [09:32] schestowitz-TR I think somehow pressed crtl+s and paused it, ctrl+q fixed it I think [09:33] Techrights-sec2 I'll check to see about filtering the new 'Daily "deal"' stuff. [09:35] schestowitz-TR k [09:35] schestowitz-TR the links added at the bottom I'll dump into irc where I csn read the headlines [09:35] schestowitz-TR I assume there are good reasons not to include these in daily links [09:35] schestowitz-TR In due course I will reassess how to use social control media, if at all [09:35] schestowitz-TR my grandpa saysd, you cannot change and explore other things if you never try thenm [09:35] schestowitz-TR I think at the time he was referring to working from home [09:35] schestowitz-TR which I did, then regretted I hadn't done that sooner [09:45] Techrights-sec2 Ok. Fixed the "Daily Deal" references. [09:48] schestowitz-TR I am almost done witrh Daily Links :-) [09:48] schestowitz-TR theory: the motivation to run a service is closely connected to its overall [09:48] schestowitz-TR impact [09:48] schestowitz-TR so the cutting off of some service, due to admin losing interest, [09:48] schestowitz-TR might in fact signal the fad having passed [09:48] schestowitz-TR and persisting in the old ways is insistance that times [09:48] schestowitz-TR are not changing [09:48] schestowitz-TR soon I'll get some coffeee and start recording, writing etc. [09:48] schestowitz-TR much better use of time [09:48] Techrights-sec2 I hope so [09:48] Techrights-sec2 I think there has been a slight increase in people resuming real blogs. [09:49] schestowitz-TR yes, some time last year I notiuced that even with zero "news" sites [09:49] schestowitz-TR rianne and I could still post around 50 node in tuxmachines [09:49] schestowitz-TR each day [09:49] Techrights-sec2 There was also a fairly successful campaing about 100 posts in 100 days [09:49] Techrights-sec2 to encourage people to write even short blog entries for 100 days in a row. [09:49] Techrights-sec2 That seems to have inspired many both directly and indirectly. [09:52] schestowitz-TR it is all about habits and momentum [09:52] schestowitz-TR doctorw said about a decade ago something to that beffect [09:52] schestowitz-TR it's like crushing your teeth [09:52] schestowitz-TR you just do uit because you do it, and did it every day [09:52] schestowitz-TR writing can be the same [09:52] schestowitz-TR social media addiction is the negativce "evil brother" of [09:52] schestowitz-TR this mental thing, which also applies to prayer [09:52] schestowitz-TR (rianne and I stopped going to church) [09:59] Techrights-sec2 I think that 100 posts in 100 days campaign was a positive thing. [09:59] Techrights-sec2 I guess it depends on the character of the church, they do vary quite a bit. [09:59] Techrights-sec2 In some countries there are no qualifications or educational prerequisites, [09:59] Techrights-sec2 not even a degree in theology nor skill in ancient greek or hebrew needed [09:59] Techrights-sec2 just a loud mouth. That's an unfortunate situation. [09:59] Techrights-sec2 "'' [09:59] Techrights-sec2 Could not open 'http://techrights.org/2022/02/28/hplip-3-22-2/' : 500 Server closed connection without sending any data [09:59] -TechrightsBN/#boycottnovell-techrights.org | Links 28/2/2022: Glimpse at LMDE 5 Beta and Release of HPLIP 3.22.2 | Techrights [09:59] Techrights-sec2 back [09:59] Techrights-sec2 """ ● Mar 01 [10:07] *Despatche has quit (Quit: Read error: Connection reset by deer) [10:22] schestowitz-TR I haev just changed tc to a more permissive mode [10:22] schestowitz-TR links done, [10:22] schestowitz-TR it's only 10am :;) [10:22] schestowitz-TR [totally not serious]\ I could use ukraine and twitter profiting [10:22] schestowitz-TR from escalatingf it and the drama [10:22] schestowitz-TR as an excusew for saying I quit twitter [10:22] Techrights-sec2 """ [10:22] Techrights-sec2 excellent [10:22] Techrights-sec2 There would be a grain of truth in it though. [10:22] schestowitz-TR but I'm just joking [10:22] schestowitz-TR it would be a lie [10:22] schestowitz-TR in theory we could for a coalition of some twitter users [10:22] schestowitz-TR deploring this [10:23] schestowitz-TR i have begun draftinmg something more cleverly worded to that effect [10:23] schestowitz-TR about the SORT of platform that I am contributing to [10:23] schestowitz-TR and what the end users also contribute towards [10:23] schestowitz-TR collectovely [10:23] schestowitz draft notes: [10:23] schestowitz Twitter Profits From Conflict [10:24] schestowitz This is not the sign of a healthy platform [10:24] schestowitz profiting from drama and escalation [10:24] schestowitz don't want to participate in such a thing [10:24] schestowitz it was never intended by me and this is not the platform I created an account in back in 2009 (to merely absorb copies of what I had posted to identi.ca already) [10:24] schestowitz that's just what Twitter is and how it works [10:27] schestowitz can you add https://hackaday.com/feed/ to daily links? first paragraph there is usually OK, they post a lot and their integrity has been quite good (no shit and spam) [10:28] Techrights-sec2 ack [10:28] Techrights-sec2 perhaps there is an old post backing that position [10:28] Techrights-sec2 adding [10:28] schestowitz-TR I think it would be just as important [10:28] schestowitz-TR to give people reasons [10:28] schestowitz-TR to wean themselves off social control media [10:28] schestowitz-TR maybe blog more instead [10:29] schestowitz-TR as important as telling them to try gemini for better s/nn ratio among other benefits [10:34] Techrights-sec2 added, it's show up in tomorrow's automated links [10:34] Techrights-sec2 Yes, but when promoting gemini it is always important (for the time being) to also [10:34] Techrights-sec2 link to how to get ahold of the clients. [10:36] schestowitz-TR at some point I want to do a video about gmnini hosting from [10:36] schestowitz-TR scratch, e.g. by makign a cpasule about animals for rianne [10:36] schestowitz-TR the problem is, this requires a lot of planning and can still go [10:36] schestowitz-TR wrongf [10:36] schestowitz-TR e.g. wrong command entered [10:36] schestowitz-TR so without some editing howtos are hard [10:36] schestowitz-TR including how to open ports on the router [10:36] Techrights-sec2 yes, editing will be more or less unavoidable [10:37] schestowitz-TR eithger editing or training./auditioning [10:37] schestowitz-TR for a live demo ● Mar 01 [11:11] *DaemonFC (~daemonfc@gbtejn9mi3jwg.irc) has joined #boycottnovell [11:56] *psydroid3 (~psydroid@memzbmehf99re.irc) has joined #boycottnovell ● Mar 01 [12:05] Techrights-sec2 lol [12:58] *u-amarsh04 (~amarsh04@joseon-rmogvn.g0d7.dtdf.mc4289.IP) has joined #boycottnovell [12:58] *u-amarsh04 (~amarsh04@hngiv8sdpiaf2.irc) has joined #boycottnovell ● Mar 01 [13:44] *DaemonFC has quit (connection closed) ● Mar 01 [15:34] Techrights-sec2 restarting http [15:51] schestowitz http://patentblog.kluweriplaw.com/2022/02/23/industrial-action-at-the-epo-to-demand-restoration-of-fundamental-rights/#comments [15:51] -TechrightsBN/#boycottnovell-patentblog.kluweriplaw.com | Industrial action at the EPO to demand restoration of fundamental rights - Kluwer Patent Blog [15:51] schestowitz " [15:51] schestowitz A. Nonymous [15:51] schestowitz FEBRUARY 23, 2022 AT 5:09 PM [15:51] schestowitz all examiners are called upon to apply the provisions of the EPC, the case law of the Boards of Appeal and the internal rules for patent examination, especially for grants, with particular care [15:51] schestowitz Isnt that what the public expects from the EPO? [15:51] schestowitz A.Non.Ymous [15:51] schestowitz FEBRUARY 24, 2022 AT 12:07 AM [15:51] schestowitz Well, according to Management, Quality is Quantity. [15:51] schestowitz Attentive Observer [15:51] schestowitz FEBRUARY 23, 2022 AT 11:14 PM [15:51] schestowitz It is amazing that the tenant of the 10th floor has not yet attempted to restaure the preceding situation. [15:51] schestowitz The EPO is held hostage by a clique of people who behave like the worth employers of the 19th century. [15:51] schestowitz The tenant want to extend his contract! [15:51] schestowitz He was called in to restaure social peace but has not done one thing in this respect! [15:51] schestowitz A shame on the AC! [15:51] schestowitz LightBlue [15:51] schestowitz FEBRUARY 24, 2022 AT 10:50 AM [15:51] schestowitz The last AC decided to bring the strike regulations into compliance with the ILOAT judgements. Does the SUEPO overlook this? [15:51] schestowitz Concerned observer [15:51] schestowitz FEBRUARY 24, 2022 AT 6:27 PM [15:51] schestowitz Are you referring to the following in the report on the latest AC meeting? [15:51] schestowitz Regulations on strike and unauthorised absence: the Council unanimously approved the proposed amendments to the Service Regulation as a result of the respective ILOAT judgements rendered in July 2021. [15:51] schestowitz If so, and despite the incorrect reference to July 2021 (as ILO-ATs 132nd session ended in JUNE 2021), may I point out that the proposed amendments cannot possibly deal with Judgment No. 4482, which was delivered on 27 January 2022. [15:51] schestowitz Clerk of Court [15:51] schestowitz FEBRUARY 25, 2022 AT 10:53 AM [15:51] schestowitz Re the incorrect reference to July 2021: [15:51] schestowitz The ILOAT Judgments on the Strike Regulations may have been adopted by the Tribunal in June but their date of public delivery which is the date borne by the judgment was 7 July 2021. [15:51] schestowitz http://www.ilo.org/dyn/triblex/triblexmain.detail?p_judgment_no=4430 [15:51] -TechrightsBN/#boycottnovell-www.ilo.org | Judgment No. 4430 (Extracts) [15:51] schestowitz one of those.... [15:51] schestowitz FEBRUARY 27, 2022 AT 7:33 AM [15:51] schestowitz the Pres. of the int. Organisation is informed of the outcome immediately. The complainant and the public only on public delivery. [15:51] schestowitz Hence the Pres. of the EPO knew what was coming, and did nothing until after the public delivery. [15:51] schestowitz The Smurf [15:51] schestowitz FEBRUARY 27, 2022 AT 7:36 PM [15:51] schestowitz Well, he offered another round of foreseeable fruitless negotiations to Suepo about the strike regulations once he had learned that the Tribunal would decide on them. Suepo declined. [15:52] schestowitz http://patentblog.kluweriplaw.com/2022/02/23/administrative-committee-unified-patent-court-inaugurated/#comments [15:52] -TechrightsBN/#boycottnovell-patentblog.kluweriplaw.com | Administrative Committee Unified Patent Court inaugurated - Kluwer Patent Blog [15:52] schestowitz " [15:52] schestowitz It will be interesting to see who will chair the AC? I think the former tenant of the 10th floor in Munich might be too old. I take bets that he would like an honorary chairmanship and why not a BB passage like it exists a Kurt Haertel Passage in Munich! [15:52] schestowitz Patent robot [15:52] schestowitz FEBRUARY 24, 2022 AT 8:58 AM [15:52] schestowitz Is all this legal? [15:52] schestowitz Concerned observer [15:52] schestowitz FEBRUARY 24, 2022 AT 11:37 AM [15:52] schestowitz A good question to which I predict there will never be a satisfactory answer. This is because I have no doubt that the governments of the Participating Member States will exert their influence to ensure that the question falls between one of the numerous cracks between the different (national, international and EU) legal systems that govern the UPC. [15:52] schestowitz Attentive Observer [15:53] schestowitz FEBRUARY 25, 2022 AT 12:01 AM [15:53] schestowitz I am not too sure that there are so many cracks. [15:53] schestowitz What if a national jurisdiction refuses the exequatur of decision taken in Paris and/or Munich in IPC files in classes A and C? [15:53] schestowitz National jurisdictions regularly refer prejudicial questions to the CJEU about SPC. It would be surprising if the UPC would not need to do the same. [15:53] schestowitz In all courts of member states, there is a double degree of jurisdiction, with a revision instance above. [15:53] schestowitz This is not the case for the UPC of for the BA of the EPO. [15:53] schestowitz Just compare trademarks: EUIPO, its internal BA and eventually Luxembourg. [15:53] schestowitz What seems to have been necessary for a EU TM system should not be valid for a EU Patent? [15:53] schestowitz You must be joking. [15:53] schestowitz Concerned observer [15:53] schestowitz FEBRUARY 25, 2022 AT 10:50 AM [15:53] schestowitz Attentive, I agree that IN THEORY there should not be quite so many cracks. However, we are talking here about practice. [15:53] schestowitz To illustrate, consider that ALL of the EPC Member States are party to the ECHR, and the majority are EU Member States. Nevertheless, they have presided over the imposition of measures that deprive EPO staff of human rights that are enshrined in both EU law and the ECHR. And, thanks in large part to a highly political decision of the Dutch Supreme Court, they have escaped accountability for doing so. [15:53] schestowitz I do not yet know how, but I am pretty sure that similar tricks to escape accountability will be employed in connection with the UPC. The politicians simply have too much invested in the UPC project for the outcome to be otherwise. [15:53] schestowitz Of course, I could be mistaken. For example, it would be quite something if the CJEU were to rule that it could not consider preliminary references from the UPC, on the grounds that the UPC is not a court common to the EU Member States. However, are we sure that the UPC will risk this outcome? Might the UPCs judges instead refuse to submit preliminary references to the CJEU, even when they ought to be obliged to seek an opinion from the CJEU [15:53] schestowitz on a point of EU law? What could any litigant do in that situation to ensure that their rights under EU law are respected? Would this then come back to a situation where what actually happens is a far cry from what the law says SHOULD happen? [15:53] schestowitz Attentive Observer [15:53] schestowitz FEBRUARY 24, 2022 AT 6:08 PM [15:53] schestowitz As long as those wanting the UPC declare it is legal, it will be legal. [15:53] schestowitz Reasonable doubts are however permitted that the UPC is in conformity with EU law. [15:53] schestowitz It seems to need more than a reference to the supremacy of EU law to insure that it is actually the case! [15:53] schestowitz It is amazing to see how the supporters of the UPC superbly ignore the open issues which exist. [15:53] schestowitz In certain circles, auto-suggestion seems to be a favourite topic. [15:53] schestowitz It reminds of a proprietor repeating that claim 1 is novel in the hope that the self-professy suddenly becomes true! [15:53] schestowitz Patent robot [15:53] schestowitz FEBRUARY 25, 2022 AT 9:25 AM [15:53] schestowitz I was actually thinking about this sentence of the UPC website (28 October 2021): [15:53] schestowitz The Chairman presented a draft Declaration on the authentic interpretation of Art. 3 of the PAP-Protocol, following the United Kingdoms withdrawal from the Unitary Patent System. In line with public international law, this Declaration will confirm the entry into force of the PAP-Protocol, once the required 13 Member States become bound by said Protocol, recognizing that Art. 3 of the PAP-Protocol is to be interpreted as mirroring Art. 89 [15:53] schestowitz of the UPCA. The delegations supported the approach proposed by the Chairman, hence giving him the mandate to organize a signing ceremony of the Declaration, foreseen in the margins of a future COREPER meeting. [15:53] schestowitz Has the Declaration been signed? If not, how could the PAP-Protocol have entered into force? [15:53] schestowitz zoobab [15:53] schestowitz FEBRUARY 25, 2022 AT 12:05 PM [15:53] schestowitz There is new jurisprudence in PL Holdings of the CJEU regarding international courts that have to interpret EU law: [15:53] schestowitz https://ffii.org/pl-holdings-european-court-of-justice-confirms-eu-law-cannot-be-outsourced-to-international-courts-like-unified-patent-court/ [15:53] schestowitz The opinion of the AG in PL Holdings was already mentioned in the Jaeger paper. [15:53] -TechrightsBN/#boycottnovell-ffii.org | PL Holdings: European Court of Justice confirms EU law cannot be outsourced to international courts like Unified Patent Court | FFII [15:53] schestowitz Supporters of the UPC claims the court is part of the judicial system of the European Union, but a common court ***has to*** talk to National Courts to be considered part of the system. [15:53] schestowitz " [15:53] schestowitz http://patentblog.kluweriplaw.com/2022/02/22/how-to-save-e-67650-in-desparate-appeal-proceedings/#comments [15:53] -TechrightsBN/#boycottnovell-patentblog.kluweriplaw.com | How to save 676,50 in Desparate Appeal Proceedings? - Kluwer Patent Blog [15:54] schestowitz " [15:54] schestowitz And also this year the Oscar for the most complex patent office in the world goes tothe EPO! [15:54] schestowitz LightBlue [15:54] schestowitz FEBRUARY 22, 2022 AT 3:06 PM [15:54] schestowitz I think the board would probably agree that 75% of the fee should be refunded but they are bound by the wording of Rule 103. Maybe a change to the rule is called for to allow the 75% refund also if the appeal is withdrawn before the issuance of the communication referred to in (2). [15:54] schestowitz Bring about [15:54] schestowitz FEBRUARY 22, 2022 AT 5:08 PM [15:54] schestowitz For some reason I have the impression that getting the AC to agree to such a change facilitating reimbursements for the applicant would be more difficult than, say, for any other brilliant measure proposed by the management of the EPO. Just a hunch [15:54] schestowitz DxThomas [15:54] schestowitz FEBRUARY 22, 2022 AT 8:03 PM [15:54] schestowitz T 853/16 might look legalistic but is flawless. [15:54] schestowitz As I have said on LinkedIn, it seems to be the result of a feud between legal members. [15:54] schestowitz In its large wisdom, and its even larger ego, the drafter of R 103 did not think it fit to ask his colleagues for an opinion. [15:54] schestowitz Lets hope that R 103 is amended asap! [15:54] schestowitz Anything else would be unreasonable. [15:54] schestowitz It is the discretion of a BA not to refer a question to the EBA, but here there was a good reason to do so. [15:54] schestowitz Parties to EPO procedures should not be the victim of such quibbles. [15:54] schestowitz But a dynamic interpretation could lead to the conclusion that R 103 does not have to be amended.. [15:54] schestowitz Extraneous Attorney [15:54] schestowitz FEBRUARY 23, 2022 AT 7:36 PM [15:54] schestowitz The outcome might seem strange or even absurd, but the Board has to be commended for applying the rule as written, not as it thought it should be written. If the legislator (in the present case, the AC) wishes to overturn the outcome, he simply has to change the wording of the rule. [15:54] schestowitz " ● Mar 01 [16:44] *u-amarsh04 has quit (connection closed) [16:44] *u-amarsh04 has quit (Connection closed) ● Mar 01 [18:07] schestowitz-TR theoretic topoly anyway [18:07] schestowitz-TR draft [18:07] schestowitz-TR draft [18:07] schestowitz-TR in short: so far I like doing less social conrtrol media [18:07] schestowitz-TR it buys me more time [18:09] Techrights-sec2 nice [18:12] Techrights-sec2 more time for investivative work too [18:13] schestowitz-TR you can see in my video about twitter that the number of impression [18:13] schestowitz-TR sucks these days [18:13] schestowitz-TR it used to be an average of 200 on the fiurst day [18:13] schestowitz-TR average [18:13] schestowitz-TR now it's a lot less [18:13] schestowitz-TR maybe 40 [18:13] schestowitz-TR I think two factors contribute to this [18:13] schestowitz-TR 1) fewer active users [18:13] schestowitz-TR 2) algo impoiosing on people wo to read [18:13] schestowitz-TR no mattter what they follow [18:13] schestowitz-TR I heard gulgatube does a lot of (2) [18:20] schestowitz-TR of note: [18:20] schestowitz-TR (back with coffe, will record another when rianne gets back) [18:21] schestowitz-TR spamnil took a 6-day hiatus [18:21] schestowitz-TR and kluwer patern blog publisher nothing in a week [18:21] schestowitz-TR to me, the silence or inactivity of opponents oif our agenda is what we want [18:21] schestowitz-TR you do not neede to 'compete' or debate with those [18:21] schestowitz-TR who are absent [18:21] Techrights-sec2 were they off at the same meeting? [18:21] Techrights-sec2 "the silence or inactivity of opponents " [18:21] Techrights-sec2 ... were the away attending the same meeting? [18:22] schestowitz-TR who was off? [18:22] schestowitz-TR I mean, the idea of silence due to some silent 'cabal' coorerdinating something [18:22] schestowitz-TR isn't what would take so long [18:23] Techrights-sec2 The microsofters used to go quiet once a year for a whole week and then [18:23] Techrights-sec2 the "articles" in the compromised trade press would change talking points [18:23] Techrights-sec2 upon their return, in a coordinated fashion. [18:24] schestowitz-TR ok, let me put it like this: [18:24] schestowitz-TR 1) ibm withdrew from some old tactics [18:24] schestowitz-TR inc. but not limited to "war on words" [18:24] schestowitz-TR maybe they realised it had backfired too badly [18:24] schestowitz-TR pseudo-ethics dop not work when people call out the MFers [18:24] schestowitz-TR who try to warp the spiel [18:25] Techrights-sec2 ack [18:26] schestowitz-TR i think iut is safe to say that "Linux is unsafe" BS [18:26] schestowitz-TR (new press release to that effect) [18:27] schestowitz-TR is blame shifting and focus-shifting ntactis [18:27] schestowitz-TR vmware is one of several [18:27] schestowitz-TR you can see them yourself all over gulag noise [18:27] schestowitz-TR usually I put them under security and/or fud sectionb [18:27] schestowitz-TR just to keep stock for potential later use [18:27] schestowitz-TR rianne should be back with anotrher covid test kit soon [18:27] schestowitz-TR we won't use them, we just keep them in case we feel something [18:27] schestowitz-TR it's getting hard to avoid it [18:27] schestowitz-TR half my family got it [18:30] Techrights-sec2 yes, it is intended to distract from the problems M$ creates in the world [18:30] Techrights-sec2 stay healthy [18:30] Techrights-sec2 hopefully different types of vaccines will be allowed and that /those/ unlike [18:30] Techrights-sec2 the current batch will be effective in reducing the spread [18:32] schestowitz-TR in my family the recurring theme is muscle pain and back pain [18:32] schestowitz-TR seems that the vacccines weaken the immune system in general [18:32] schestowitz-TR rianne juist got back [18:32] schestowitz-TR she did get one more test kit [18:32] schestowitz-TR but she is frustrated that it's hard to find discounted food [18:32] schestowitz-TR I tell her, maybe we have a lot more competition now [18:32] schestowitz-TR its's hard to know [18:32] schestowitz-TR people pick those things up quietly [18:32] Techrights-sec2 the discounts have competition everywhere and some places barely reduce [18:32] Techrights-sec2 the price before tossing the food [18:32] Techrights-sec2 they also lock the dumpsters [18:32] Techrights-sec2 these days [18:34] schestowitz-TR the aliens watching from up above LOL [18:34] schestowitz-TR "stupid humans" [18:34] schestowitz-TR they lock up other human [18:34] schestowitz-TR and perfectly edible food [18:34] schestowitz-TR OTA ● Mar 01 [20:11] *DaemonFC (~daemonfc@389qztengum92.irc) has joined #boycottnovell [20:32] schestowitz-TR OTA [20:32] schestowitz-TR two mdrafts now [20:32] Techrights-sec2 ack ● Mar 01 [21:55] *psydroid3 has quit (connection closed) ● Mar 01 [22:00] *psydroid2 has quit (Ping timeout: 2m30s) [22:01] *psydruid (~psydruid@jevhxkzmtrbww.irc) has left #boycottnovell ● Mar 01 [23:14] *techrights_guest|3 has quit (Quit: Connection closed)