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IRC: #boycottnovell @ FreeNode: Saturday, May 23, 2020

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schestowitzRe: Publishing Tomorrow: Fiduciary TechnologyMay 23 04:09
schestowitz> Apparently they changed this...awkward.May 23 04:09
schestowitzIf there a public link now?May 23 04:09
schestowitzRe: Leah RoweMay 23 04:10
schestowitz> I think the PUBLIC REACTION to the overreaction is what caused theMay 23 04:10
schestowitz> reversal in position.May 23 04:10
schestowitz> May 23 04:10
schestowitz> May 23 04:11
schestowitz> Yay public. Imagine if the public always reacted to unfair character assassinations like that.May 23 04:11
schestowitz> May 23 04:11
schestowitz> The fact remains that she was and is a free software advocate, that she made a mistake and has since worked to correct it.May 23 04:11
schestowitz> May 23 04:11
schestowitz> If you're implying that she is insincere, you have a right to that opinion. I'm not saying that she definitely is sincere, but I dont think it has any marks of being a ruse. Has she attacked anyone along similar lines since? Will she in the future? I dont know. I think we can (all) afford differences of opinion on this matter. May 23 04:11
schestowitz> May 23 04:11
schestowitz> The thing is, I normally don't look the other way on this sort of thing-- because I often assume that the mistake was insincere (deliberate) in the first place. This one smells less contrived to my nose. Of course you could be right, and time will tell. May 23 04:11
schestowitzNo, this is not what I was implying.May 23 04:11
schestowitzI think the response is based on a misunderstanding .May 23 04:11
schestowitz> The thing about mass surveillance as a weapon is the way the public can walk right up to it while it's firing and turn it the the other way around. It isn't designed to do that.May 23 04:13
schestowitzI really enjoyed that article and wanted my wife to read it later as well (but she lacked the time)May 23 04:13
schestowitz>>> Wiki db has passwords in it, so a lot of trust would also be needed.May 23 04:33
schestowitz> Let me know if the intern gets access to the wiki db, I'll stop editing it. May 23 04:33
schestowitz> May 23 04:33
schestowitz> No reply needed.May 23 04:33
schestowitzThe statement above was rhetorical in the sense that no way we'll give an intern access to such stuff. Maybe only after 10 years of trust.May 23 04:33
schestowitzThe only other person whom I give access at this level I have known for almost 15 years.May 23 04:33
schestowitz>>> I wish there was some 'magic filter' for "give me the better articles May 23 04:37
schestowitz>>> from RSS feed X and Y and Z"; sadly, it's all or nothingMay 23 04:37
schestowitz> That's a perfect example of what training ML algorithms are for. Which one could be used without phoning home to El Goog, not sure. I dumped all ambitions to work with such tech when I was 14. Perhaps someday I'll poke around with a library that does it.May 23 04:37
schestowitzManual curation then becomes useful; you rely on an informed operator to select what's OK and what's trash. Like peer review of journals that are not corrupted.May 23 04:37
schestowitz> "Satan means TRUTH in ancient Vedic Sanskrit, mankind's original language."May 23 04:39
schestowitz> May 23 04:39
schestowitz> Sanskrit is only known to data back to 3,500 BCE, while spoken language probably diversified several times farther back:May 23 04:39
schestowitz> May 23 04:39
schestowitz> https://en.wikipedia.org/wiki/Proto-Human_languageMay 23 04:39
schestowitz> May 23 04:39
schestowitz> And it wouldn't matter what it meant in Sanskrit, because religions based on languages in that family have their own concept of demons, which are not honest either.May 23 04:39
schestowitz> May 23 04:39
-TechrightsBN/#boycottnovell-en.wikipedia.org | Proto-Human language - WikipediaMay 23 04:39
schestowitz> Isn't it incredible how people will take one small and insignificant fact, entirely sans-context, and build an entire system of bullshit around it? Facts work best as a network-- not a lonely germ in a petri dish.May 23 04:39
schestowitzThis statement comes from a social control media site that I mostly dislike. Pleroma too is going down the drain because of KKK types who latch onto it... when I say Pleroma I mean fediverse (to me at least that's how I access it)May 23 04:39
schestowitzRe: Publishing Tomorrow: Fiduciary TechnologyMay 23 04:41
schestowitz> Yep!May 23 04:41
schestowitz> May 23 04:41
schestowitz> Link:May 23 04:41
schestowitz> https://medium.com/@wtfmitchel/fiduciary-technology-3e3b84e0aebaMay 23 04:42
schestowitz> May 23 04:42
schestowitz> Description:May 23 04:42
schestowitz> By continuing to implement Microsoft solutions, CTOs around the worldMay 23 04:42
schestowitz> are failing to fulfill their fiduciary duty to maximize shareholderMay 23 04:42
-TechrightsBN/#boycottnovell-medium.com | Fiduciary Technology - Mitchel Lewis - MediumMay 23 04:42
schestowitz> value. The outcome is the same whether it be they’re ignorant of basicMay 23 04:42
schestowitz> principles of IT finance, bygones, or conflicted. May 23 04:42
schestowitzI like that and I think it's one aspect/facet we never touched on before. Namely duty to shareholders as a factor.May 23 04:42
schestowitzMind if we reprint with credit and link to original?May 23 04:42
schestowitzRegards,May 23 04:42
schestowitz"It's international Nutter day on IRC logs"May 23 04:44
schestowitz(naaaa... in social control media)May 23 04:44
schestowitznutters EVERY dayMay 23 04:44
schestowitz                <li>May 23 04:46
schestowitz                  <h5><a href="https://www.pcmag.com/reviews/ubuntu-2004-focal-fossa">Ubuntu 20.04 (Focal Fossa) Review</a></h5>May 23 04:46
-TechrightsBN/#boycottnovell- ( status 404 @ https://www.pcmag.com/reviews/ubuntu-2004-focal-fossa%22%3EUbuntu?test_uuid=03GdTca9yYczB0udADO47Ac&test_variant=b )May 23 04:46
schestowitz                  <blockquote>May 23 04:46
schestowitz                    <p>Ubuntu's desktop has a clean, straightforward layout out of the box. Most people should be immediately comfortable using it, which is no small accomplishment on the part of Ubuntu. Familiarity goes a long way towards accelerating adoption, though, admittedly, Ubuntu’s adoption rate for consumers lags behind that of Windows and macOS by significant margins. Go ahead and download GNU's Tweaks app to get all May 23 04:46
schestowitzthe possible customization options. </p></blockquote></li>May 23 04:46
schestowitz> It’s a fair point IMO…if X product reduces TCO by 3x and increases productivity compared to Y product and if a CTO doesn't go with X product, then they're in dereliction of their fiduciary duty.May 23 04:53
schestowitz> May 23 04:53
schestowitz> As always, do your worst. It’s not like my writing is a source of revenue for me, lol. May 23 04:53
schestowitz> May 23 04:53
schestowitz> Cheers,May 23 04:53
schestowitzThanks.May 23 04:53
schestowitzThe whole "TCO" yardstick seems to have been made up by Microsoft-paid 'analysts' although I did not check if IBM had done that prior to MS.May 23 04:53
schestowitzA lot of dirty Microsoft tactics were borrowed from old IBM.May 23 04:53
schestowitzKeep up the good work and remember the more Microsoft and its boosters insult you for it, the closer you are to painful truths.May 23 04:53
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schestowitzhttp://ipkitten.blogspot.com/2020/05/lessons-in-legal-fudge-from-eba-in.html?showComment=1589898114480#c4568322641246695984May 23 09:39
schestowitz"May 23 09:39
-TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Lessons in legal fudge from the EBA in Pepper (G3/19) - The IPKatMay 23 09:39
schestowitzAn excellent account of the distinctly iffy manouevres employed by the EBOA to reach the conclusion desired!May 23 09:39
schestowitzAt least one elephant is now situated in the room. Namely, if new Rule 28(2) was not introduced legally - which the EBOA side-stepped considering - can a "dynamic interpretation" of Article 53(c) legitimately arrive at the conclusion reached by the EBOA, if that very interpretation rests upon a rule which was not adopted in a valid manner?May 23 09:39
schestowitzI wonder if we have not seen the last of this. Surely a clever representative can try to get the Boards to look at the issue of whether Rule 28(2) was adopted in a legal manner - and perhaps a Chairman or two close to the end of their careers with the EPO could be persuaded to take a look at this question without the threat of (non-)reappointment hanging over them.May 23 09:39
schestowitz(May a crude parallel be drawn, pehaps, with the BVerfG's decision that the UPCA contravenes the German constitution due to violation of the proper procedure for its ratification...?)May 23 09:39
schestowitz"May 23 09:39
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schestowitz"May 23 09:42
schestowitzThanks to Rose for her brilliant analysis of G 3/19. May 23 09:42
schestowitzI have not yet seen one comment approving the way the EBA has dealt with the questions referred to it by the president. All commenters are surprised to say the least. May 23 09:42
schestowitzAs I said before, I cannot imagine the CJEU rewriting a prejudicial question referred to it in order to give a politically correct reply wished by the commission or a group of member states.May 23 09:42
schestowitzAs correctly pointed out, there were mechanisms at hand in order to render decisions G 2/13 and G 3/13 moot. Was it necessary for the EBA to eat its hat in order to please the AC and the president? May 23 09:42
schestowitzFollowing the argumentation of the president, the EBA took T 272/95 in order to come to the conclusion that there was divergent case law. The problem is that it is not possible to find any reference to Art 53(b) in this decision. There is only ever question of Art 53(a)! May 23 09:42
schestowitzThe EBA gave lots of reasons why it should not change its interpretation of Art 53(c), but eventually came to the conclusion wished by the AC and the president. Where is the coherence one would expect from a body such as the EBA? That the EBA can change its case law is not disputed. The way it did is more than problematic. May 23 09:42
schestowitzThrough the reforms of 2016, the AC has been given a strong lever in order to obtain what it wants from the EBA: should you do not agree with our view, you can forget being re-appointed. I do not call this respecting the separation of powers. May 23 09:42
schestowitzIn G 6/95 the EBA had the guts to resist the AC when it amended R 71a(1) EPC1973. It decided that the amended rule did not apply to the boards of appeal. In G 6/95 the EBA decided that “the boards of appeal continue to have a discretion as to whether or not to send a communication when a summons to oral proceedings is issued”. Only the RPBA2020 has rendered this decision moot. May 23 09:42
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schestowitzTimes have changed, now the users of the EPO will have to cope with a “dynamic” interpretation of legal provisions by the EBA! May 23 09:42
schestowitzThanks to Rose for her brilliant analysis of G 3/19. May 23 09:42
schestowitzI have not yet seen one comment approving the way the EBA has dealt with the questions referred to it by the president. All commenters are surprised to say the least. May 23 09:42
schestowitzAs I said before, I cannot imagine the CJEU rewriting a prejudicial question referred to it in order to give a politically correct reply wished by the commission or a group of member states.May 23 09:42
schestowitzAs correctly pointed out, there were mechanisms at hand in order to render decisions G 2/13 and G 3/13 moot. Was it necessary for the EBA to eat its hat in order to please the AC and the president? May 23 09:43
schestowitzFollowing the argumentation of the president, the EBA took T 272/95 in order to come to the conclusion that there was divergent case law. The problem is that it is not possible to find any reference to Art 53(b) in this decision. There is only ever question of Art 53(a)! May 23 09:43
schestowitzThe EBA gave lots of reasons why it should not change its interpretation of Art 53(c), but eventually came to the conclusion wished by the AC and the president. Where is the coherence one would expect from a body such as the EBA? That the EBA can change its case law is not disputed. The way it did is more than problematic. May 23 09:43
schestowitzThrough the reforms of 2016, the AC has been given a strong lever in order to obtain what it wants from the EBA: should you do not agree with our view, you can forget being re-appointed. I do not call this respecting the separation of powers. May 23 09:43
schestowitzIn G 6/95 the EBA had the guts to resist the AC when it amended R 71a(1) EPC1973. It decided that the amended rule did not apply to the boards of appeal. In G 6/95 the EBA decided that “the boards of appeal continue to have a discretion as to whether or not to send a communication when a summons to oral proceedings is issued”. Only the RPBA2020 has rendered this decision moot. May 23 09:43
schestowitzTimes have changed, now the users of the EPO will have to cope with a “dynamic” interpretation of legal provisions by the EBA!May 23 09:43
schestowitz"May 23 09:43
schestowitzhttp://ipkitten.blogspot.com/2020/05/lessons-in-legal-fudge-from-eba-in.html?showComment=1589903312742#c7441372932618632255May 23 09:43
-TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Lessons in legal fudge from the EBA in Pepper (G3/19) - The IPKatMay 23 09:43
schestowitzhttp://ipkitten.blogspot.com/2020/05/lessons-in-legal-fudge-from-eba-in.html?showComment=1589902540322#c862643534628243176May 23 09:43
-TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Lessons in legal fudge from the EBA in Pepper (G3/19) - The IPKatMay 23 09:43
schestowitz"I think you mean Article 53(b) not 53(c)?"May 23 09:43
schestowitzhttp://ipkitten.blogspot.com/2020/05/italian-supreme-court-applies-cjeu.html?showComment=1589721443610#c563470673572351561May 23 09:43
schestowitz"The problem with copyright in the USA are "copyright trolls" who use the legal process to crush any competition through frivolous lawsuits which judges in the end rightly rule against. The problem, of course, is the trolls usually win because it never gets to the actual judges.....the larger well endowed corporations can use their legal teams to create costly litigation that is beyond the means of smaller defendants. In the USA (May 23 09:43
-TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Italian Supreme Court applies CJEU Cofemel decision to makeup store layout - The IPKatMay 23 09:43
schestowitzand probably most other places) those with the most money (Harvey Weinstein was a wonderful example for 30 years) can crush those with fewer resources by using the legal system and never actually having to let a judge decide the case on its merits. Intellectual property laws are often used simply to stifle competition and create stronger monopolies. If those laws had been in place throughout history, the inventor of matches would May 23 09:43
schestowitznever have been allowed to sell the product because someone who had the copyright on rubbing two sticks together to create fire would have sued for copyright infringement on the illegal use of friction by the new product."May 23 09:43
schestowitzhttp://ipkitten.blogspot.com/2020/05/breaking-eba-finds-plants-produced-by.html?showComment=1589987806907#c1178847075438964589May 23 09:44
schestowitz"May 23 09:45
schestowitzThe anonymous of Monday and the reply by Attentive Observer raise a number of fundamental points. Such fundamental points not only occur with the EPC and its interpretation but also with other patent laws in which e.g. an exception to the patentability of naturally occurring products is laid down. In analogy with the argument provided by Anonymous the following could be argued in those cases. Imagine that a naturally occurring May 23 09:45
schestowitzorganism harbours protein A. Because of its natural occurrence protein A is then rendered unpatentable. If, however, I change a few amino acids of protein A by using conventional chemistry, I may be able to obtain a protein with improved properties (e.g. an increased effect, a longer shelf life, etc.). Because of these chemical modifications I have ended up with a protein molecule that would be patentable. Unless it appears that May 23 09:45
schestowitzsuch a mutation would also be occurring in nature (e.g. in a closely related naturally occurring organism). Hence, also in this case, it is not the product itself, but the way it is obtained which governs the patentability (or, if you prefer, the patent eligibility). May 23 09:45
-TechrightsBN/#boycottnovell-ipkitten.blogspot.com | BREAKING: EBA finds plants produced by essentially biological processes are NOT patentable (G3/19) - The IPKatMay 23 09:45
schestowitzNow, the possibility to exclude naturally occurring compounds from patentability has been discussed during the negotiations coming to the TRIPS agreement. Especially the developing countries lobbied for such an exclusion and in 1990 they opted for a text of Art. 27 TRIPS to be: May 23 09:45
schestowitz'Parties may exclude from patentability:May 23 09:45
schestowitz....May 23 09:45
schestowitzPlants and animals, including microorganisms, and parts thereof and processes for their production. As regards biotechnological inventions, further limitations should be allowed under national law. [Document IP/C/W/383 WIPO (Documents of the Council for TRIPS with respect to the review of the provisions of Article 27.3(B), the relationship between TRIPS and the Convention on Biological Diversity and the protection of traditional May 23 09:45
schestowitzknowledge and folklore].May 23 09:45
schestowitzThis text, which would allow national laws to exclude biotechnological inventions, such as inventions relating to DNA, proteins and living organism, from patentability was disapproved in favour of the current wording of Art. 27.3(B), which is identical to Art. 53(b) EPC.May 23 09:45
schestowitzThus, from a legal perspective - apparently - there is an approval for the patentability of products in all fields of technology (Art. 27(1) TRIPS) and also for products obtained by a process which process itself would not be fit for patent protection. This seems to be the consequence of allowing patent protection for products. May 23 09:45
schestowitzWhere the TRIPS agreement forced developing countries to adapt to this when joining the WTO, it now seems that some of the developed countries - for whatever reasons - seem to slip away from the general principle provided by the TRIPS agreement.May 23 09:45
schestowitz"May 23 09:45
schestowitzHas anyone else noticed that, for G 3/19, the composition of the EBA changed between May 2019 and May 2020? H. Rothe (legally qualified) and W. Sieber (technically qualified) were replaced with A. Galgo Peco and P. Gryczka.May 23 09:47
schestowitzUnless I missed something, this change was not announced. Perhaps this has something to do with the fact that the "procedural documents" link for G 3/19 has not worked for many months now.May 23 09:47
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schestowitz“There is an endless market for pieces that tell us that the typical worker is doing quite well, in spite of all the gloom and talk we hear constantly. Michael Strain, who is actually a pretty good economist, took on the job in a column in the NYT yesterday.” The NYT Wants You To… https://www.counterpunch.org/2020/05/22/can-you-make-stagnating-incomes-go-away-the-nyt-wants-you-to/May 23 10:31
-TechrightsBN/#boycottnovell-www.counterpunch.org | Can You Make Stagnating Incomes Go Away? The NYT Wants You To... - CounterPunch.orgMay 23 10:32
schestowitzhttps://twitter.com/ReneeHa55103677/status/1264131449206329344May 23 10:51
-TechrightsBN/#boycottnovell-@ReneeHa55103677: @schestowitz super fine !May 23 10:51
schestowitzhttps://twitter.com/zoobab/status/1264126155084439554May 23 10:51
-TechrightsBN/#boycottnovell-@zoobab: @schestowitz Totally useless, the gnome foundation people did not answer our questions even.May 23 10:51
schestowitzhttps://twitter.com/ana_captures/status/1264111283764375555May 23 10:53
-TechrightsBN/#boycottnovell-@ana_captures: @schestowitz @lewis_herbert Please read the statement from Cambridge @SimonHughes https://t.co/t7T6FfRR7KMay 23 10:53
-TechrightsBN/#boycottnovell-@ana_captures: @schestowitz @lewis_herbert Please read the statement from Cambridge @SimonHughes https://t.co/t7T6FfRR7KMay 23 10:53
schestowitzhttps://twitter.com/Anony_Mossy/status/1264102993504288769May 23 10:53
-TechrightsBN/#boycottnovell-@Anony_Mossy: @schestowitz Covid 19 causes heart problems. And slow suffocation. It's not a nice disease. Hydroxychloroquine.May 23 10:53
schestowitzhttps://twitter.com/glynmoody/status/1264098724860526592May 23 10:54
-TechrightsBN/#boycottnovell-@glynmoody: this is just a foretaste of the carnage that EU's #copyrightdirective will cause: huge swathes of classical music w… https://t.co/sXtpUBqCEXMay 23 10:54
-TechrightsBN/#boycottnovell-@glynmoody: this is just a foretaste of the carnage that EU's #copyrightdirective will cause: huge swathes of classical music w… https://t.co/sXtpUBqCEXMay 23 10:54
schestowitz"this is just a foretaste of the carnage that EU's #copyrightdirective will cause: huge swathes of classical music will be blocked"May 23 10:54
schestowitzhttps://twitter.com/glynmoody/status/1264098440876896258May 23 10:54
-TechrightsBN/#boycottnovell-@glynmoody: nothing to hide https://t.co/bu1iRJkLgCMay 23 10:54
-TechrightsBN/#boycottnovell-@schestowitz: #trump #dementia https://t.co/VzYsIJKp28May 23 10:54
schestowitzhttps://twitter.com/prometx/status/1264080604901134336May 23 10:54
-TechrightsBN/#boycottnovell-@prometx: #evilrobotnews... #lulz... 😭😭😭 https://t.co/pMeVHZqguo https://t.co/ybWjYef5ubMay 23 10:54
-TechrightsBN/#boycottnovell-@schestowitz: ● NEWS ● #buzzfeed ☞ The Information Apocalypse Is Already Here, And Reality Is Losing https://t.co/ifTZMLSahkMay 23 10:54
-TechrightsBN/#boycottnovell-@prometx: #evilrobotnews... #lulz... 😭😭😭 https://t.co/pMeVHZqguo https://t.co/ybWjYef5ubMay 23 10:54
schestowitzhttps://twitter.com/WilliamLKovacs/status/1263850421468254215May 23 10:58
-TechrightsBN/#boycottnovell-@WilliamLKovacs: Climate policy needs to be determined by Congress, not by regulators or courts legislating. Separation of powers li… https://t.co/8HBX2oK6gHMay 23 10:58
-TechrightsBN/#boycottnovell-@WilliamLKovacs: Climate policy needs to be determined by Congress, not by regulators or courts legislating. Separation of powers li… https://t.co/8HBX2oK6gHMay 23 10:58
schestowitz"Climate policy needs to be determined by Congress, not by regulators or courts legislating. Separation of powers limits govt power & saves constit. republic"May 23 10:58
schestowitzhttps://twitter.com/Alt_HoCoSchools/status/1263839582954631173May 23 10:58
-TechrightsBN/#boycottnovell-@Alt_HoCoSchools: @MaryWills612 @RWPUSA https://t.co/kigfckdPRAMay 23 10:58
-TechrightsBN/#boycottnovell-@schestowitz: ● NEWS ● #counterpunch #biden #neverBiden #2016AllOverAgain ☞ Biden’s Shameful Foreign Policy Record Extends Well B… https://t.co/Df5SwdnBVdMay 23 10:58
schestowitzhttps://twitter.com/AlifMustafi/status/1264132804683550720May 23 10:59
-TechrightsBN/#boycottnovell-@AlifMustafi: https://t.co/NSs7k4ovPT https://t.co/BMMbp6bXJ8May 23 10:59
-TechrightsBN/#boycottnovell-302 redirect with weird Location: index.phpMay 23 10:59
-TechrightsBN/#boycottnovell-@schestowitz: ● NEWS ● #eff #internet ☞ Hearing Tuesday: @EFF Urges #California Lawmakers to Pass Fiber Broadband for All Bill To… https://t.co/dYQMTNZzzZMay 23 10:59
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schestowitzhttps://twitter.com/kaddourkardio/status/1263824315092525056May 23 11:00
-TechrightsBN/#boycottnovell-@kaddourkardio: @schestowitz Trumps administration decisions were disastrousMay 23 11:00
schestowitzhttps://twitter.com/Nosferatu1969/status/1263819102759550977May 23 11:00
-TechrightsBN/#boycottnovell-@Nosferatu1969: @schestowitz Why cant he have an accident...?May 23 11:00
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schestowitz#Delaware is becoming or has become the new "Eastern Texas" for trolls and parasites Delaware https://www.managingip.com/article/b1lq42451f3b9l/three-quarters-in-house-counsel-want-remote-hearings-in-future http://techrights.org/2018/06/14/us-decline-in-lawsuits/ http://techrights.org/2018/05/13/delaware-hatch-waxman/May 23 18:08
-TechrightsBN/#boycottnovell-www.managingip.com | Three quarters in-house counsel want remote hearings in future | Managing Intellectual PropertyMay 23 18:08
-TechrightsBN/#boycottnovell-techrights.org | From the Eastern District of Texas to Delaware, US Patent Litigation is (Overall) Still Declining | TechrightsMay 23 18:08
-TechrightsBN/#boycottnovell-techrights.org | District of Delaware is Becoming Patent Litigation ‘Infestation’ Zone, According to Lex Machina’s Data | TechrightsMay 23 18:08
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