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IRC: #boycottnovell @ Techrights IRC Network: Sunday, October 24, 2021

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schestowitz=Oct 24 08:38
schestowitzx https://dusted.codes/can-we-trust-microsoft-with-open-sourceOct 24 08:38
-altlink_503/#boycottnovell-📣 Cloudflare: dusted.codes | 🙆 Alternative: https://web.archive.org/web/https://dusted.codes/can-we-trust-microsoft-with-open-sourceOct 24 08:38
-TechrightsBN/#boycottnovell-dusted.codes | Can we trust Microsoft with Open Source? - Dusted CodesOct 24 08:38
schestowitz=Oct 24 08:38
schestowitzx https://www.bbc.co.uk/news/world-middle-east-58955584Oct 24 08:38
-TechrightsBN/#boycottnovell-www.bbc.co.uk | Saudi Arabia commits to net zero emissions by 2060 - BBC NewsOct 24 08:38
schestowitzx https://timesofindia.indiatimes.com/gadgets-news/microsoft-is-sorry-for-angering-developers-by-removing-a-key-feature/articleshow/87235337.cmsOct 24 08:41
-TechrightsBN/#boycottnovell-timesofindia.indiatimes.com | microsoft: Microsoft is ‘sorry’ for angering developers by removing a key feature - Times of IndiaOct 24 08:41
schestowitzx https://www.theverge.com/2021/10/23/22742282/microsoft-dotnet-hot-reload-u-turn-responseOct 24 08:41
-TechrightsBN/#boycottnovell-www.theverge.com | Microsoft reverses controversial .NET change after open source community outcry - The VergeOct 24 08:41
Techrights-secI'm getting only about 6k posts from TR with the current scrapes, so Oct 24 08:57
Techrights-secthe methodology is wrong somehow.  I though it was the same method asOct 24 08:57
Techrights-secbefore, but apparently not. Oct 24 08:57
schestowitz-TR2nothing has changedOct 24 08:57
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Techrights-secYes, the problem is with the script.  It's slow to run a full scan so Oct 24 09:46
Techrights-secI'll have to find a way to identify which are missing.  That will give aOct 24 09:46
Techrights-secclue as to how they are going missing in the deep dive.  Oct 24 09:46
Techrights-secOne guess is that the multi-page days are not getting scraped.  Oct 24 09:46
Techrights-secCan you recall any days which have unusually large numbers of posts?Oct 24 09:46
Techrights-secFound it. If this worked then I'll update the Gemini capsule with theOct 24 09:46
Techrights-secbetter parsing.  Then I'll rescrape to make a static copy including theOct 24 09:46
Techrights-secimages.Oct 24 09:46
schestowitz-TR2I was just recording a video so could not respond. IIRC, the most posts per day was 29 some time in 2010Oct 24 09:47
schestowitz-TR2I want to sleep better at night knowing we have good backups of all the hard work, which isn't only my work but many people's. I sometimes get offsite backups of DBs but the file system is a tougher one.Oct 24 09:48
schestowitz-TR2in recent days spider traffic in TR-gemini was reduced a lot, which can be goodOct 24 09:48
Techrights-secI back up the site as-is but this is a new approach.  If there is a practicalOct 24 09:50
Techrights-secway to generate a static site then it can be done periodically.  Oct 24 09:50
Techrights-secThe spides have probably collected what they will collect and will nowOct 24 09:50
Techrights-seccontinue with the newer pages Oct 24 09:50
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schestowitzhttp://ipkitten.blogspot.com/2021/10/conference-report-whither-will.html?showComment=1634908810184#c255332141786694463Oct 24 11:23
-TechrightsBN/#boycottnovell-ipkitten.blogspot.com | [Conference report] Whither will bifurcation go? A critical discussion on Germany's bifurcated patent proceedings - The IPKatOct 24 11:23
schestowitz|Oct 24 11:23
schestowitzMy earlier post regarding stays seems to have got lost but never mind. This post is stimulated by a TBA decision reported today, see https://www.epo.org/law-practice/case-law-appeals/pdf/t150463du1.pdfOct 24 11:23
schestowitzThe opposition was filed in 2011 and the proceedings have been concluded 10 years later with the opposition being rejected. To argue that the patentee should not be able to enforce their rights pending an opposition would effectively be denying the patentee their legal monopolistic rights.Oct 24 11:23
schestowitz|Oct 24 11:23
schestowitzhttp://ipkitten.blogspot.com/2021/09/a-table-and-table-coaster-that-shaped.html?showComment=1634896393481#c7079574254457010827Oct 24 11:24
-TechrightsBN/#boycottnovell-ipkitten.blogspot.com | A table and a table coaster that shaped EU design law - The IPKatOct 24 11:24
schestowitz"Dear Xavier, the Paris court found no infringement in the Habitat case. In the German case, the court found that there was an infringement, which was later confirmed by the German Federal Court of Justice. You can see images of both table coasters here: http://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht=bgh&Art=en&nr=54151&pos=0&anz=1"Oct 24 11:24
-TechrightsBN/#boycottnovell-juris.bundesgerichtshof.de | Urteil des I. Zivilsenats vom 19.5.2010 - I ZR 71/08 -Oct 24 11:24
schestowitzhttp://ipkitten.blogspot.com/2021/10/around-ip-blogs_10.html?showComment=1634405301085#c358876863084901549Oct 24 11:24
-TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Around the IP Blogs - The IPKatOct 24 11:24
schestowitz"thanks for valuable post.The definition of cyberstalking simply means "to harass and threaten a chosen target via the internet or other technological methods""Oct 24 11:24
schestowitzhttp://ipkitten.blogspot.com/2021/09/a-table-and-table-coaster-that-shaped.html?showComment=1634656286927#c5692703266791376119Oct 24 11:26
-TechrightsBN/#boycottnovell-ipkitten.blogspot.com | A table and a table coaster that shaped EU design law - The IPKatOct 24 11:26
schestowitz"While we are wearing our historian hats, what was the outcome for Paris First Instance Court and Higher Regional Court of Frankfurt am Main? Infringement found or not?"Oct 24 11:26
schestowitzhttp://ipkitten.blogspot.com/2020/01/book-review-law-of-remedies-european.html?showComment=1634721596489#c5126437610615943040Oct 24 11:27
-TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Book Review: Law of Remedies – A European Perspective - The IPKatOct 24 11:27
schestowitz"The misdeed of defamation is perceived as an individual’s right to protect his good name as well as reputation from unjust attacks of other people. This Defamation Act 2009 thus sets out a defined law applicable in all the different regions of Ireland."Oct 24 11:27
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schestowitzhttp://ipkitten.blogspot.com/2020/01/furry-thoughts-on-sky-v-skykick-part-1.html?showComment=1634740169882#c1789516174387971903Oct 24 11:27
schestowitz"Oct 24 11:27
-TechrightsBN/#boycottnovell-ipkitten.blogspot.com | Furry thoughts on Sky v. Skykick – Part 1: trade marks lacking sufficient clarity and precision - The IPKatOct 24 11:27
schestowitzReally interesting article Léon. Oct 24 11:27
schestowitzAny news on decision issues by the CJEU on how to best tackle the issue? Thank you in advance!Oct 24 11:27
schestowitz"Oct 24 11:27
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schestowitzhttp://ipkitten.blogspot.com/2005/04/death-of-patents.html?showComment=1634748606418#c7968213707511729344Oct 24 11:27
-TechrightsBN/#boycottnovell-ipkitten.blogspot.com | DEATH OF PATENTS - The IPKatOct 24 11:27
schestowitz"In actuality, these are the intellectual property law rights that implement on confidential information most of the time. This information can further be sold or licensed. Therefore, if you want to qualify as a trade secret, there are few things to which your information must comply."Oct 24 11:27
schestowitzhttp://ipkitten.blogspot.com/2021/10/conference-report-whither-will.html?showComment=1634333052188#c485571366737267009Oct 24 11:28
-TechrightsBN/#boycottnovell-ipkitten.blogspot.com | [Conference report] Whither will bifurcation go? A critical discussion on Germany's bifurcated patent proceedings - The IPKatOct 24 11:28
schestowitz"Oct 24 11:28
schestowitzThe question is, how much is intent here, and how much is simply history.Oct 24 11:28
schestowitzUntil 1961 the patent office had "senates" (plus a board of appeal) to decide on validity. But since there is a right to have a court review decisions of an office, the Federal Patent Court had to be set up, and the senates were taken out of the patent office and turned into a court (any parallels to the EPO boards?).Oct 24 11:28
schestowitzIf anyone wants to change this, this would mean a major overhaul of the patent act and the institutions.Oct 24 11:28
schestowitzVice versa, the Länder would not accept moving infringment suits to the Federal Patent Court, as they would loose a cash cow of their judicial system (since the "Streitwerte" are often so high in patent matters)...Oct 24 11:28
schestowitz"Oct 24 11:28
schestowitzhttp://ipkitten.blogspot.com/2021/10/conference-report-whither-will.html?showComment=1634482508115#c8332280077952144856Oct 24 11:30
-TechrightsBN/#boycottnovell-ipkitten.blogspot.com | [Conference report] Whither will bifurcation go? A critical discussion on Germany's bifurcated patent proceedings - The IPKatOct 24 11:30
schestowitz"Oct 24 11:30
schestowitzThe problem is when you see decisions after appeal in opposition before the EPO, around two thirds if not more of the patents are either revoked or maintained in amended form.Oct 24 11:30
schestowitzAnd more than often the revocation or amendment is due to documents which were available at the time of the search but were not retrieved during the search (even Art 54(3) prior art from the applicant!).Oct 24 11:30
schestowitzIt would be wise to wait for the result of an opposition when there is an opposition pending at the EPO before deciding on the validity and hence the possible infringement of the German part of an European patent. Oct 24 11:30
schestowitzWhen extrapolating the figures from oppositions at the EPO which roughly concern 5% of the granted patents, it seems also advisable to wait the result of the validity examination of the German part of an European patent before deciding on infringement.Oct 24 11:30
schestowitzI claim that when hit by an infringement action before a German court, it is clear that in most cases the alleged infringer will hit back with a lack of validity. The chances of succeeding on the validity side are quite good when looking at the prior art dug out by opponents. Oct 24 11:30
schestowitzThe EPO claims that its quality has improved since 2010.Oct 24 11:30
schestowitzAn analysis of the decisions of the BA in matters of opposition show that this is not, and by far, the case. Oct 24 11:30
schestowitz"Oct 24 11:30
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