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*teucer_ (~teucer@w6ripvix4yigi.irc) has joined #techbytesMay 05 00:11
schestowitzRe: A request to stop hotlinkingMay 05 00:16
schestowitz> Hi there,May 05 00:16
schestowitz> I noticed you're sometimes linking to my articles, which of course is appreciated.May 05 00:16
schestowitz> May 05 00:16
schestowitz> Feel free to use Pixman ( if you want to,May 05 00:16
schestowitz> as allowed by the CC BY-NC-ND license, but I would ask you to stop hotlinkingMay 05 00:16
schestowitz> to it from your sites and instead host it locally, as is also permitted by the licenseMay 05 00:16
schestowitz> given on my Pixel Art page.May 05 00:16
schestowitz> May 05 00:16
schestowitz> All the best,May 05 00:16
schestowitz> CarlMay 05 00:16
schestowitz> Dr Schestowitz,May 05 00:18
schestowitz> May 05 00:18
schestowitz> I apologize for contacting you through this email account.May 05 00:18
schestowitz> May 05 00:18
schestowitz> I just attempted to create a new account on TuxMachines website andMay 05 00:18
schestowitz> received this error...May 05 00:18
schestowitz> May 05 00:18
schestowitz> Clicked: Create New AccountMay 05 00:18
schestowitz> 05 00:18
-TechBytesBot/#techbytes- ( status 403 @ )May 05 00:18
schestowitz> May 05 00:18
schestowitz> Error: You don't have permission to access /index.php on this server.May 05 00:18
schestowitz> Apache/2.2.15 (CentOS) Server at Port 80May 05 00:18
schestowitz> May 05 00:18
schestowitz> I'm using Chrome on an Android phone in the US.May 05 00:18
schestowitz> May 05 00:18
schestowitz> Thanks.May 05 00:18
schestowitz> /by Android mobile/May 05 00:18
schestowitzHi,May 05 00:18
schestowitzToo many people were creating new accounts to spam the site, so we had to block that about 7 years ago. Do you want an account for commenting? Posting stories?May 05 00:18
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schestowitz> Roy,May 05 07:50
schestowitz> May 05 07:50
schestowitz> Thank you for responding. I was looking to post a comment and sign upMay 05 07:50
schestowitz> for any newsletters. Not a big deal. I can just watch the website forMay 05 07:51
schestowitz> updates.May 05 07:51
schestowitz> May 05 07:51
schestowitz> Again. Thanks.May 05 07:51
schestowitzIf you want, I can manually create an account  for you, given a username and pass word of your choice.May 05 07:51
schestowitz> Thanks, Roy.May 05 07:52
schestowitz> May 05 07:52
schestowitz> However, I'm twice-surprised. Now Firefox is NOT reporting that warningMay 05 07:52
schestowitz> - which is what I'd normally expect. And I haven't even restartedMay 05 07:52
schestowitz> Firefox, let alone rebooted.May 05 07:52
schestowitz> May 05 07:52
schestowitz> Hey, I'll take it!  :-)May 05 07:52
schestowitzTechRights used to write a lot about what's at stake and  why corporations like Google do this (Google is by far the largest sponsor of Firefox).May 05 07:52
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schestowitzx 05 12:27
-TechBytesBot/ | Twitter’s open source offshoot Bluesky releases first experiment - The VergeMay 05 12:27
schestowitzx 05 12:29
-TechBytesBot/ | Data and Storage News from around South East AsiaMay 05 12:29
schestowitzx 05 12:30
-TechBytesBot/ | Bill Gates on Elon Musk feud and Jeffrey Epstein meetings - BBC NewsMay 05 12:30
schestowitz# I did not even click that linkMay 05 12:30
schestowitzx 05 12:30
-TechBytesBot/ | metaverse: Cybersecurity in the age of Metaverse: Securing Web 3.0, CIO News, ET CIOMay 05 12:31
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schestowitz"May 05 17:34
schestowitz 10 commentsMay 05 17:35
schestowitz    Warf WarfMay 05 17:35
schestowitz    May 3, 2022 at 8:15 pmMay 05 17:35
schestowitz    Why am i not surprised…sighsMay 05 17:35
schestowitz    ReplyMay 05 17:35
schestowitz    Concerned observerMay 05 17:35
schestowitz    May 4, 2022 at 11:28 amMay 05 17:35
schestowitz    Close observers of the EPO’s increasingly disdainful attitude towards those holding “dissenting” opinions will not be particularly surprised by this report of disrespectful and unprofessional behaviour. However, the big question here is whether the AC will be willing and able to hold the President to account.May 05 17:35
schestowitz    If the President were an ordinary EPO employee, then the behaviour attributed to him in the report would represent a clear breach of the standards of conduct set out in the Service Regulations. In particular, it would breach Article 14(2):May 05 17:35
schestowitz    “An employee shall at all times treat others, inside and outside the European Patent Organisation … with professional respect and discretion”.May 05 17:35
schestowitz    There is also a strong case that it would constitute harassment (of the staff representatives) under Article 14b(1) and (2):May 05 17:35
schestowitz    “(1) An employee shall contribute to a work environment in which each individual is treated with respect and dignity. An employee or former employee shall refrain from engaging in any act of harassment or sexual harassment.May 05 17:35
schestowitz    (2) Harassment is any unwelcome, severe or recurring, verbal, written or physical conduct which has the purpose or effect of humiliating or degrading any person, thereby creating an intimidating, hostile or offensive work environment, or of unreasonably interfering with that person’s work or their ability to perform their assigned duties.May 05 17:35
schestowitz    Harassment includes, but is not limited to:May 05 17:35
schestowitz    (a) behaviour which is intended to be, or can reasonably be perceived as, inappropriate, offensive, intimidating, or hostile;May 05 17:35
schestowitz    (b) vexatious assignments, requests or changes in duties or responsibilities; orMay 05 17:35
schestowitz    (c) severe or persistent criticism which is either unjustified or expressed in such a manner that it harms the dignity of an individual or his reputation”.May 05 17:35
schestowitz    But of course the President is subject to a different disciplinary code. One that let the previous incumbent off the hook for very serious transgressions, including threatening the independence of the EBA. In this respect, if past is prologue, then the response of the AC will amount to nothing more than a deafening silence.May 05 17:35
schestowitz    It is astonishing to witness the double standards and hypocrisy evident in a system that enables the unlawful targeting of union officials (and other staff members) for undeserved punishment whilst failing to provide any accountability for the individual who not only masterminds that punishment but also commits multiple acts that, but for the position of that individual, would represent breaches of the Service Regulations of the organisation May 05 17:35
schestowitzthat they head.May 05 17:35
schestowitz    As long as immunity leads to impunity at the EPO, it is hard to see how things can improve. On the other hand, it is easy to see how things can get considerably worse. As the old saying goes, power corrupts. And as the events of the past decade illustrate, adding impunity to the mix only turbo-charges the negative effects of power.May 05 17:35
schestowitz    ReplyMay 05 17:35
schestowitz    Patent robotMay 05 17:35
schestowitz    May 4, 2022 at 12:18 pmMay 05 17:35
schestowitz    The UPC and the EPC are sinking ships but at least the EPC has a possible remedy:May 05 17:35
schestowitz    Article 4a EPC – Conference of ministers of the Contracting StatesMay 05 17:35
schestowitz    A conference of ministers of the Contracting States responsible for patent matters shall meet at least every five years to discuss issues pertaining to the Organisation and to the European patent system.May 05 17:35
schestowitz    This article has NEVER been applied and it is really time to do so!May 05 17:35
schestowitz    ReplyMay 05 17:35
schestowitz        Concerned observerMay 05 17:35
schestowitz        May 4, 2022 at 5:15 pmMay 05 17:35
schestowitz        Robot, whilst I agree that a Diplomatic Conference in accordance with Art 4a EPC is long overdue, I think that waiting for this to happen will be like waiting for Godot.May 05 17:35
schestowitz        As I have previously observed, the problem with international treaties like the EPC and UPC is that there is no independent court that can address, or impose and enforce sanctions in respect of, breaches of the provisions of those treaties. Thus, the signatories to international treaties only avoid breaching their obligations under those treaties if, on balance, it suits them to do so. (A possible further reason might be a strong belief in May 05 17:35
schestowitzimportant principles such as the rule of law. However, I really cannot see much evidence of this amongst the signatories to the EPC or, in particular, the UPC Agreement.)May 05 17:35
schestowitz        I believe that it is now very unlikely that the Contracting States will perceive any need to comply with their obligations under Art 4a EPC. This is because G3/19 established a precedent for relying upon the concept of “legislative intent” (of the AC) to rubber-stamp the use of an Implementing Regulation to effect an amendment of an Article of the EPC. If the AC can amend any part of the EPC by rule-making alone, what need is there for a May 05 17:35
schestowitzDiplomatic Conference?May 05 17:35
schestowitz        ReplyMay 05 17:35
schestowitz        Concerned observerMay 05 17:35
schestowitz        May 4, 2022 at 5:37 pmMay 05 17:35
schestowitz        Of course, using rule-making by the AC to amend the EPC might have unpleasant trickle-down effects for the national laws of the Contracting States. For example, if national patent offices fall in line with the “reinterpretation” (in a new Implementing Regulation introduced by the AC) of an EPC Article, national courts might be called upon to decide whether, and to what extent, the “reinterpretation” is valid under national law.May 05 17:35
schestowitz        Should any national court find the “reinterpretation” to be both valid and effective, that would make the Administrative Council of the EPO one of the most powerful legislators with respect to NATIONAL patent laws of EPC Member States. Apart from being horribly undemocratic, I really do not think that this was a role that the founding fathers of the EPC had in mind for the AC. Indeed, it would very much represent a case of the May 05 17:36
schestowitzadministrative tail wagging the legislative dog.May 05 17:36
schestowitz        Whilst this may sound a little far-fetched, all of the pieces are already in place for exactly this kind of scenario to play out regarding the interpretation of Article 53b EPC, especially due to the little “wrinkle” regarding the non-retroactive application of Rule 28(2) EPC in proceedings before the EPO. Whether the scenario actually gets played out is another question entirely, and is largely subject to chance (regarding the existence May 05 17:36
schestowitzof a relevant case in which there is sufficient commercial interest).May 05 17:36
schestowitz        Thus, whilst I agree that the repeated breaches of the Contracting States’ obligations under Art 4a EPC are indeed troubling, I believe that not only has the EPC been abused in far more troubling ways but also that the scene is set for the EPC to be repeatedly abused in the same way in the future.May 05 17:36
schestowitz        ReplyMay 05 17:36
schestowitz        CarambaMay 05 17:36
schestowitz        May 4, 2022 at 8:26 pmMay 05 17:36
schestowitz        paraphrasing who you know : you F….. want a F….. conference ? what the F… for ?May 05 17:36
schestowitz        ReplyMay 05 17:36
schestowitz    F wordMay 05 17:36
schestowitz    May 4, 2022 at 1:23 pmMay 05 17:36
schestowitz    The good news is that from now on we are officially allowed to refer to him as “the f***ing President”, merely citing his own words.May 05 17:36
schestowitz    ReplyMay 05 17:36
schestowitz    Max DreiMay 05 17:36
schestowitz    May 4, 2022 at 7:52 pmMay 05 17:36
schestowitz    The path towards a better atmosphere at the EPO cannot be perceived until we work out the reason for the President’s fury. My guess is that he finds himself in an impossible position and has no idea how to navigate out of it.May 05 17:36
schestowitz    The way I see it, the President finds himself caught in an insoluble dilemma between his duty to the EPO’s employees and his duty to his employer, the AC, which sees the EPO as nothing more than a mature asset to be energetically sweated, an ageing cash cow to be milked until it is dry.May 05 17:36
schestowitz    The members of the AC are egged on by the lobby power of the EPO’s bulk users, multi-national corporations who demand ever larger piles of granted patents at ever reduced cost, with “quality” being of no interest to them whatsoever.May 05 17:36
schestowitz    The EPO employees who suppose that “quality” is something worth maintaining are sadly deluded, and the President can’t understand why they are so naive, why they “just don’t get it”. Hence his fury, and also his sincere conviction that he is the nicest person the employees are ever going to get, from now on, as President.May 05 17:36
schestowitz    ReplyMay 05 17:36
schestowitz    Bring aboutMay 05 17:36
schestowitz    May 4, 2022 at 8:53 pmMay 05 17:36
schestowitz    The job description when the Administrative Council was looking for a new President for the EPO was:May 05 17:36
schestowitz    Candidates must have a diploma of completed studies at university level and proven high-level management experience. Their past career in the private or public sector must give evidence of:May 05 17:36
schestowitz    in-depth understanding of the needs of an international organisationMay 05 17:36
schestowitz    thorough knowledge and proven practical application of modern management methods, including an outstanding ability to establish and foster social dialogueMay 05 17:36
schestowitz    a genuine aptitude for communication, negotiating skills and the ability to make their opinions countMay 05 17:36
schestowitz    an excellent command of at least one of the official languages.May 05 17:36
schestowitz    Well done, AC.May 05 17:36
schestowitz    ReplyMay 05 17:36
schestowitz    Attentive ObserverMay 05 17:36
schestowitz    May 4, 2022 at 9:15 pmMay 05 17:36
schestowitz    What has started under the former tenant of the 10th floor continues with the present one.May 05 17:36
schestowitz    The tail is wagging the dog and the AC has completely given up its duty of controlling what is going on at the EPO.May 05 17:36
schestowitz    The AC has degraded itself to a rubber stamping authority which nods off everything that is proposed by the head of office. One wonders why?May 05 17:36
schestowitz    I take bets that the present tenant of the 10th floor will get is contract extended at the next AC meeting.May 05 17:36
schestowitz    As long as the head of the EPO offers the prospect of savings, be it by selling buildings, the AC will be happy. That in future members of national patent offices can be seconded to the EPO, so that new perks are on the horizon.May 05 17:36
schestowitz    It seems that the members of the AC have no idea what the EPC means and what the protocol on centralisation says. If they would, they should have stopped the destruction of the EPO a while ago!May 05 17:36
schestowitz    Art 4a should indeed be put to practice, but I do not see any chance for this with the present head of the office.May 05 17:36
schestowitz"May 05 17:37
schestowitz 05 17:37
-TechBytesBot/ | Deepening social tensions and an 'extremely hostile' president at the EPO - Kluwer Patent BlogMay 05 17:37
schestowitzcontextMay 05 17:37
schestowitz"May 05 17:37
schestowitz [CSC] Report on the GCC meeting of 26 April 2022May 05 17:37
schestowitzDear colleagues,May 05 17:37
schestowitzThe atmosphere of the General Consultative Committee (GCC) meeting was abysmal. The President used foul language throughout, using expletives in various languages, and insulted most of the speakers. The Central Staff Committee (CSC) members were not just interrupted but prevented from speaking multiple times when the content was not complimentary of the President’s policies or when the way of presenting it did not suit him.May 05 17:37
schestowitzWith time, we observe that the level of disrespect towards us has been growing. We cannot continue to allow this escalation. According to Article 38(5) Service Regulations, the GCC discussions are recorded, and as such we request that this recording be made available to allow full transparency.May 05 17:37
schestowitzA meeting conducted under such conditions, where arguments could not be exchanged and where questions could not be answered, cannot be considered to have provided a meaningful consultation. It was also patently clear that the President had absolutely no intention of taking heed to any of the arguments that were presented by us.May 05 17:37
schestowitzThis is the reason why the CSC members of the GCC have sent him a letter asking to reconvene a GCC meeting in order to provide an opportunity to discuss the documents put on the agenda.May 05 17:37
schestowitz"May 05 17:37
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