●● IRC: #boycottnovell @ Techrights IRC Network: Saturday, September 04, 2021 ●● ● Sep 04 [00:30] schestowitz > Hi Jonathan, [00:30] schestowitz > [00:30] schestowitz > Various people, including former Google Summer of Code and Outreachy [00:30] schestowitz > participants, contacted me recently about the privacy violations and [00:30] schestowitz > gossip culture started by your predecessor Chris Lamb in September 2018. [00:30] schestowitz > I put Chris, Stephanie and Kent on CC because I don't like to talk [00:30] schestowitz > about people or corporations behind their backs. [00:30] schestowitz > [00:30] schestowitz > Can you please make it a priority to liaise with the operators of all [00:30] schestowitz > web sites, including: [00:30] schestowitz > [00:30] schestowitz > debian.org, [00:30] schestowitz > Google.com, [00:30] schestowitz > twitter, [00:30] schestowitz > debian.community, [00:30] schestowitz > techrights.org, [00:30] schestowitz > tuxmachines.org, [00:30] schestowitz > fsfe.org, etc [00:30] schestowitz > [00:30] schestowitz > to act like adults and remove all the defamation about all volunteers, ever. [00:30] schestowitz > [00:30] schestowitz > I am not only referring to recent acts of defamation but all acts of [00:30] schestowitz > defamation and intimidation in the entire history of Debian. [00:30] schestowitz > [00:31] schestowitz > For example, debian-private contains false accusations about harassment, [00:31] schestowitz > abuse and rape. debian-vote contains defamation about Richard Stallman. [00:31] schestowitz > Debian Community News contains pictures of interns. To an outsider, it [00:31] schestowitz > is all the same, it is all bad. It is time for Debian to grow up, [00:31] schestowitz > delete these things and admit that a group of software developers is not [00:31] schestowitz > qualified to make such judgments about people. [00:31] schestowitz > [00:31] schestowitz > There is no need to name anybody in such a statement: it would be [00:31] schestowitz > sufficient for you to admit that statements that have been made under [00:31] schestowitz > the Debian name or by people with Debian titles, whether in public or in [00:31] schestowitz > private, have been harmful to people's reputations, harmful to the [00:31] schestowitz > privacy of our families and that this is never acceptable and that all [00:31] schestowitz > such statements are retracted. [00:31] schestowitz > [00:31] schestowitz > If you are not willing to cease and rollback these vendettas, please [00:31] schestowitz > stop using the title /Leader/ [00:31] schestowitz > [00:31] schestowitz > Please remove defamation from the wiki, bug tracking system, blogs, [00:31] schestowitz > debian-private, search results, social media and the Git repositories. [00:31] schestowitz > Even an adverse entry in the Debian keyring is a smear, it is an act of [00:31] schestowitz > defamation and therefore these repositories need to be rebased[1] to [00:31] schestowitz > remove any evidence that this ever happened to anybody. [00:31] schestowitz > [00:31] schestowitz > During GSoC 2018, I received over 2,000 emails from interns and mentors [00:31] schestowitz > and I also volunteered to spend a week in Kosovo with the interns there. [00:31] schestowitz > This was a very difficult period when I lost two family members and it [00:31] schestowitz > is unacceptable that people complained about this in 2018. It is [00:31] schestowitz > unacceptable that people are still sending me complaints and queries [00:31] schestowitz > about it 3 years later. These things simply need to be erased. [00:31] schestowitz > [00:31] schestowitz > This week I see news about the US in peace talks with the Taliban. Why [00:31] schestowitz > is it that people in Debian don't talk to each other? [00:31] schestowitz > [00:31] schestowitz > Regards, [00:31] schestowitz > [00:31] schestowitz > Daniel Pocock [00:31] schestowitz > -- [00:31] schestowitz > Debian Developer [00:31] schestowitz > https://danielpocock.com [00:31] -TechrightsBN/#boycottnovell-danielpocock.com | Daniel Pocock's personal blog [00:31] schestowitz > [00:32] schestowitz > 1. https://www.itechcode.com/2020/09/22/how-to-remove-a-commit-in-git/ [00:32] -TechrightsBN/#boycottnovell-www.itechcode.com | How to Remove a Commit in Git [00:39] schestowitz http://patentblog.kluweriplaw.com/2021/09/01/chairman-preparatory-committee-is-hopeful-start-unified-patent-court-will-not-be-delayed-by-brexit-complications/#comments [00:39] -TechrightsBN/#boycottnovell-patentblog.kluweriplaw.com | Chairman Preparatory Committee is hopeful start Unified Patent Court will not be delayed by Brexit complications - Kluwer Patent Blog [00:39] schestowitz " [00:39] schestowitz Camparinos [00:39] schestowitz SEPTEMBER 1, 2021 AT 3:44 PM [00:39] schestowitz Proponents of the UPC are re-interpreting Art89 UPCA to force it into force, while everybody knows that the 3rd state was always the UK: [00:39] schestowitz including the three Member States in which the highest number of European patents had effect in the year preceding the year in which the signature of the Agreement takes place [00:39] schestowitz If the Secretariat of the Council declares this Treaty into force after Germanys ratification, someone should complain of maladministration and bring this question to the CJEU. [00:39] schestowitz The PPI and PPA should not be ratified by other member states, as the UK is still mentioned in there. National Parliaments should rather send a request for renegotiation to the Council. [00:39] schestowitz REPLY [00:39] schestowitz Concerned observer [00:39] schestowitz SEPTEMBER 1, 2021 AT 6:26 PM [00:39] schestowitz Talk about studiously avoiding the elephant in the room! [00:39] schestowitz The question of explicit references to the UK and London (in the UPCA and PPA) does indeed need to be dealt with by the State Parties in accordance with international law. However, this would mean crafting an entirely new UPCA and PPA. I therefore fail to understand why Mr Ramsay is hopeful that this can be done in a pragmatic way that will avoid any further delay. [00:39] schestowitz It is quite some feat to flatly contradict oneself in the space of two sentences. However, to simultaneously prioritise avoiding delay over avoiding a lack of proper legal basis really puts a metaphorical cherry on top. [00:39] schestowitz REPLY [00:39] schestowitz Attentive Observer [00:39] schestowitz SEPTEMBER 1, 2021 AT 9:21 PM [00:39] schestowitz It is the first time that the Chairman acknowledges that Brexit is a problem which is to be solved before the UPC starts working. But he still ignores that the PPA mentions that UK has to agree in order for it to come into force. [00:39] schestowitz However to claim that This is a question that needs to be dealt with by the State Parties in accordance with international law is absolutely non-committal. [00:39] schestowitz It would be interesting to see and hear what the position of the chair of the preparatory committee is. [00:39] schestowitz By not saying anything concrete it is thus possible to conclude that he agrees with the views expressed by some French and German lawyers: lets provisionally transfer the duties allotted to London to Paris and/or Munich and use Art 87(2) UPCA to fix it later. [00:39] schestowitz The problem is that neither Art 31 nor Art 32 VCLT give what some State Parties want to see in Art 7(2) and Art 87(2) UPCA. [00:39] schestowitz REPLY [00:39] schestowitz Dont't pull my leg [00:40] schestowitz SEPTEMBER 2, 2021 AT 12:49 PM [00:40] schestowitz Another aspect which is clearly ignored: how can an international treaty setting up a jurisdiction in which EU law has primacy be in conformity with the latter when a judge from this jurisdiction can be removed from office without having a possibility of redress? See Art 10 of the statute of the court, which is also part of the UPCA. [00:40] schestowitz And like at the EPO judges are only appointed for a certain length of time. [00:40] schestowitz And those judges should be truly independent. See what is going on at the boards of appeal of the EPO. 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