●● IRC: #techbytes @ Techrights IRC Network: Thursday, October 07, 2021 ●●

● Oct 07
[01:06]	schestowitz	https://twitter.com/humanidee/status/1445881736341057539
[01:06]		-TechBytesBot/#techbytes-@humanidee: @schestowitz The two are intimately connected. US awarded Ecuador a $11B IMF Loan to hand over Assange and drop the Chevron case.
[01:06]	schestowitz	https://twitter.com/jimsomerset/status/1445868188978216965
[01:06]		-TechBytesBot/#techbytes-@jimsomerset: @schestowitz This shit is more fake than cnn
[01:06]	schestowitz	https://nitter.eu/RegimeChangeBC/status/1445851852084375559
[01:06]		-TechBytesBot/#techbytes-nitter.eu | Steve_Filipovic (@RegimeChangeBC): "you have to expose #geoengineering or you will continue to live under it. Have you been lamenting #rainevents rhetorically lately? https://www.youtube.com/watch?v=NILL5jeOKqI 1953 #UKpolitics Kills 35 making it rain hard. #cdnpoli not impressed. #climate of alarm?#bcpoli #carbontax" | nitter
[01:07]	schestowitz	https://nitter.eu/KYzinMwF6qgDu0n/status/1445850845795524613
[01:07]		-TechBytesBot/#techbytes-nitter.eu | Helen Vitz (@KYzinMwF6qgDu0n): "You have to distinguish between an alarm and a warning. And also to look beyond CO2 to the global climate crisis, which is beyond human control. It is cyclical. Study this topic." | nitter
[01:07]	schestowitz	https://nitter.eu/RegimeChangeBC/status/1445812677700304899
[01:07]		-TechBytesBot/#techbytes-nitter.eu | Steve_Filipovic (@RegimeChangeBC): "um, I see the site you shared enjoys pushing #climate alarm? This leads me to think the other stuff is bogus too. Do try harder please. It takes a weekend to figure out Co2 alarm is a PR campaign if you are a slow learner. Dew adds 15-20 x's the ghg effect every day via phase chg" | nitter
[01:08]	schestowitz	https://twitter.com/zoobab/status/1445791874594197506
[01:08]		-TechBytesBot/#techbytes-@zoobab: @schestowitz EPC edited by the EPO, in their favor. Treaties cannot and should not be commented like this.
[01:08]	schestowitz	https://nitter.ru/liztormato/status/1445781490814513160
[01:08]		-TechBytesBot/#techbytes-Could not resolve host: nitter.ru; Unknown error ( status 0 @ https://nitter.ru/liztormato/status/1445781490814513160 )
[01:09]	schestowitz	https://nitter.eu/liztormato/status/1445781490814513160
[01:09]		-TechBytesBot/#techbytes-nitter.eu | Elizabeth Mattijsen (@liztormato): "FWIW, I don't think the rakulang tag is appropriate here, as the blog post doesn't mention the Raku Programming Language at all?" | nitter
[01:09]	schestowitz	https://twitter.com/brembs/status/1445746271906533384
[01:09]		-TechBytesBot/#techbytes-@brembs: This holds also for academic information infrastructure, ahem, #justsaying https://t.co/TceDu0pzUq
[01:09]		-TechBytesBot/#techbytes-@schestowitz: NEWS #Techdirt #FB #Facebook 's Downtime And Why Protocols Are More Resilient Than Centralized Platforms https://t.co/isbU2ygku9
[01:09]	schestowitz	https://twitter.com/glynmoody/status/1445745101469220872
[01:09]		-TechBytesBot/#techbytes-@glynmoody: this is the way forward... https://t.co/CLGdVOGxf1
[01:10]	schestowitz	https://nitter.eu/glynmoody/status/1445694458796773376
[01:10]		-TechBytesBot/#techbytes-nitter.eu | Glyn Moody (@glynmoody): ""Friedman concluded that "as despicable as this practice may be," Congress did not have the authority to pass the law that criminalizes female genital mutilation, and that #FGM is for the states to regulate." absurd" | nitter
[01:10]	schestowitz	https://twitter.com/jvantill/status/1445688223515090944
[01:10]		-TechBytesBot/#techbytes-@jvantill: @schestowitz Profit over People
[01:11]	schestowitz	https://twitter.com/stautistic/status/1445667095690178564
[01:11]		-TechBytesBot/#techbytes-@stautistic: Basically the life of every Windows admin https://t.co/QapePl9fki
[01:11]		-TechBytesBot/#techbytes-@schestowitz: #Microsoft #Windodws TCO: #TheHill #ProprietarySoftware NSA director expects to be facing ransomware attacks 'ev https://t.co/7Kdi5tVY3F
[01:11]	schestowitz	https://twitter.com/pieternagel/status/1445559940274286597
[01:11]		-TechBytesBot/#techbytes-@pieternagel: The latest Supply Chain Management Daily! https://t.co/txGqZX2Pj4 Thanks to @schestowitz @WasteBadger @dmitry140 #supplychain #logistics
[01:11]		-TechBytesBot/#techbytes--> www.pieternagel.com | NO TITLE
[01:12]		*liberty_box has quit (Ping timeout: 2m30s)
[01:12]		*rianne has quit (Ping timeout: 2m30s)
[01:15]		*rianne (~rianne@ctqz25uirqr88.irc) has joined #techbytes
[01:15]		*liberty_box (~liberty@ctqz25uirqr88.irc) has joined #techbytes
[01:24]	schestowitz	>> I like this option better. At the moment I back up everything under
[01:24]	schestowitz	>> /home (all accounts) every now and then, with a stack of backups piling
[01:24]	schestowitz	>> up on external disks. I use rsync for that.
[01:24]	schestowitz	> Rsync will do incremental backups too if run with the right options.
[01:24]	schestowitz	> Maybe full backup weekly or monthly and increments daily?
[01:24]	schestowitz	> What's the total capacity of the backup device?
[01:24]	schestowitz	laptop 300gb, 2 externals at 3tb, one external at 4tb.
[01:54]		*liberty_box has quit (Ping timeout: 2m30s)
[01:54]		*rianne has quit (Ping timeout: 2m30s)
● Oct 07
[02:16]		*rianne (~rianne@ctqz25uirqr88.irc) has joined #techbytes
[02:17]		*liberty_box (~liberty@ctqz25uirqr88.irc) has joined #techbytes
[02:52]		*rianne has quit (Ping timeout: 2m30s)
[02:53]		*liberty_box has quit (Ping timeout: 2m30s)
● Oct 07
[03:18]		*liberty_box (~liberty@ctqz25uirqr88.irc) has joined #techbytes
[03:18]		*rianne (~rianne@ctqz25uirqr88.irc) has joined #techbytes
● Oct 07
[04:02]		*Despatche (~desp@u3xy9z2ifjzci.irc) has joined #techbytes
[04:09]		*GNUmoon2 has quit (Ping timeout: 2m30s)
[04:29]		*rianne has quit (Ping timeout: 2m30s)
[04:29]		*liberty_box has quit (Ping timeout: 2m30s)
[04:46]		*DaemonFC has quit (Ping timeout: 2m30s)
[04:55]		*GNUmoon2 (~GNUmoon@bbhzxabdqb954.irc) has joined #techbytes
● Oct 07
[05:03]		*DaemonFC (~daemonfc@3xyh7pnbkjman.irc) has joined #techbytes
[05:32]		*DaemonFC has quit (Quit: Leaving)
[05:36]		*DaemonFC (~daemonfc@3xyh7pnbkjman.irc) has joined #techbytes
[05:43]		*DaemonFC has quit (Ping timeout: 2m30s)
● Oct 07
[06:58]		*GNUmoon2 has quit (Ping timeout: 2m30s)
● Oct 07
[08:36]		*rianne (~rianne@ctqz25uirqr88.irc) has joined #techbytes
[08:36]		*liberty_box (~liberty@ctqz25uirqr88.irc) has joined #techbytes
● Oct 07
[10:17]		*GNUmoon2 (~GNUmoon@pmm6a84n53eyc.irc) has joined #techbytes
● Oct 07
[11:22]		*GNUmoon2 has quit (Ping timeout: 2m30s)
[11:24]		*GNUmoon2 (~GNUmoon@k86dad7ibinds.irc) has joined #techbytes
● Oct 07
[12:54]		*psydroid2 (~psydroid@cqggrmwgu7gji.irc) has joined #techbytes
● Oct 07
[16:24]		*rianne has quit (Ping timeout: 2m30s)
[16:24]		*liberty_box has quit (Ping timeout: 2m30s)
[16:37]		*liberty_box (~liberty@ctqz25uirqr88.irc) has joined #techbytes
[16:38]		*rianne (~rianne@ctqz25uirqr88.irc) has joined #techbytes
● Oct 07
[17:09]	schestowitz	http://patentblog.kluweriplaw.com/2021/10/01/iloat-cases-epo-repays-excessive-strike-deductions-tensions-remain/
[17:09]		-TechBytesBot/#techbytes-patentblog.kluweriplaw.com | ILOAT cases: EPO repays excessive strike deductions, tensions remain - Kluwer Patent Blog
[17:09]	schestowitz	"
[17:09]	schestowitz	Concerned observer
[17:10]	schestowitz	OCTOBER 4, 2021 AT 5:47 PM
[17:10]	schestowitz	Question: has Circular 347 been set aside by the EPO? That is, has the EPO now amended its Service Regulations and associated instruments to remove all of the restrictions on the right to strike that were held by the ILO AT to be unlawful?
[17:10]	schestowitz	Kay
[17:10]	schestowitz	OCTOBER 5, 2021 AT 10:04 AM
[17:10]	schestowitz	no, why?
[17:10]	schestowitz	A careful analysis of the decision is necessary first (December council), and a thinking on alternatives (March council), a study on options and a guiding consultation (June, likely September Council), study on financial impact (December council), the obligatory (tick box) internal consultation on the draft documents, before final documents appear and are decided on in the June council. But for political reasons, the procedure needs to be slowed, so 
[17:10]	schestowitz	implementation will be in a January (hence decision must be done by a december council) and of course the (re-)election process should not be disturbed by such a topic, hence move all back for another half year.
[17:10]	schestowitz	And it may not be that the EPO is without rules for such a long time, hence the circular remains marked as valid for any internal issues.
[17:10]	schestowitz	Concerned observer
[17:10]	schestowitz	OCTOBER 5, 2021 AT 1:32 PM
[17:10]	schestowitz	I had suspected that this would be the case.
[17:10]	schestowitz	Even a cursory review of Circular 347 by anyone knowledgeable about employment law would have revealed that it contained numerous unlawful restrictions on employees rights. Thus, it was always clear that those behind Circular 347 were either incompetent or had malign intentions (and simply do not care that they would need to break the law to achieve their objectives). I think that we can now definitively rule out the former explanation.
[17:10]	schestowitz	If, as expected, the AC plays along with all of this, then the representatives of national offices on the AC will be undeniably complicit in denying EPO staff fundamental rights that they are guaranteed under national, EU and international (ECHR) laws. In this event, I would have thought that EPO staff really ought to have a cause of action before the national courts against those representatives. If they do not, then I think that we can safely 
[17:10]	schestowitz	conclude that the EPO truly has become Europes answer to Guantanamo Bay.
[17:10]	schestowitz	Concerned observer
[17:10]	schestowitz	OCTOBER 5, 2021 AT 4:35 PM
[17:10]	schestowitz	The EPO has only promised to provide redress to individuals who participated in unsanctioned strikes and were then subject to salary deductions according to Circular 347. It therefore seems that, at this time, the EPO has every intention of maintaining in force paragraphs 1 to 4 of Circular 347, ALL of which were found by the ILO AT to represent unlawful restrictions upon the right to strike.
[17:10]	schestowitz	Under national laws, this would all have worked out very differently. This is because COLLECTIVE bargaining which is unavailable to EPO employees would have prevented Circular 347 from ever coming into force. What has instead happened under the laws of EPOnia is that:
[17:10]	schestowitz	(a) the staff have been forced to operate under clearly unlawful restrictions on their right to strike;
[17:10]	schestowitz	(b) certain brave members of staff have nevertheless exercised their rights and have been subject to punishments under an unlawful regulation;
[17:10]	schestowitz	(c) some EIGHT YEARS after it entered into force, the ILO AT vindicates EPO staff by finding Circular 347 to be unlawful (on multiple grounds); and
[17:10]	schestowitz	(d) the EPO responds to the judgement of the ILO AT by maintaining in force all of the provisions that were found to be clearly unlawful.
[17:10]	schestowitz	Aside from the fact that the EPO is clearly thumbing its nose at a judgement it should be obliged to respect, there is one important issue that should not be forgotten. That is, the EPO has trampled and is STILL trampling upon the right to strike of those members of staff who have been dissuaded from exercising their rights by the unlawful provisions of Circular 347.
[17:10]	schestowitz	This calls into question all of the changes to working conditions (including changes to the Service Regulations) that have been rammed through by the EPO since Circular 347 has been in force. This is because it is now impossible to know whether, if granted unfettered access to their right to strike, EPO staff would have been able to either fend off entirely, or modify the provisions of, any of those subsequent changes.
[17:10]	schestowitz	In other words, EPO staffs lack of access to true COLLECTIVE bargaining has harmed the staff in incalculable and irreparable ways. This amply demonstrates why the 2017 decision of the Hoge Raad (in SUEPO vs. EPO) was so wrong-headed. That is, a comparison of what would have happened under national laws to what actually happened under the laws of EPOnia makes it plain that seeking recourse to ILO AT is most definitely NOT a sufficiently 
[17:10]	schestowitz	reasonable alternative for the EFFECTIVE protection of the right to collective bargaining.
[17:10]	schestowitz	Concerned observer
[17:10]	schestowitz	OCTOBER 4, 2021 AT 5:50 PM
[17:10]	schestowitz	I am not particularly surprised at the refusal of EPO management to apologise for imposing, or at least perpetuating, unlawful restrictions on the right to association. However that refusal demonstrates that the EPOs management adopts a belligerent attitude towards its staff even when it is clear that, by effectively acknowledging past mistakes, an apology might help to ease social tensions. The EPOs very limited application of the outcome of 
[17:10]	schestowitz	the ILO AT judgements simply rubs salt into the wounds, as it is plainly an attempt to deprive the affected staff of the moral damages to which they are entitled.
[17:10]	schestowitz	My recollection is that Campinos was selected by the AC on the basis that he would restore social peace at the EPO. If this episode is anything to go by, he still VERY far from achieving that objective. One would think that the AC would take this into account when considering whether to renew his term of office for another 4 years. Similarly, one might think that the AC would also take note of the huge outcry from sections of the patent profession 
[17:10]	schestowitz	against certain policies (such as requiring unnecessary amendments to the description or making VICOs mandatory for oral hearings) that Campinos has imposed with little or no consultation. However, that would be to confuse the AC with a regulatory body that actually gives two hoots about the EPOs staff or its users.
[17:10]	schestowitz	Urgh.
[17:10]	schestowitz	OCTOBER 5, 2021 AT 9:56 AM
[17:10]	schestowitz	The AC is already complaining that the no. of grants is not increasing anymore (empty cupboards we cannot anymore)
[17:10]	schestowitz	They dont care.
[17:10]	schestowitz	And the money for any moral damage will come from the EPO, and thus from the money the EPO would otherwise inject into the RFPSS, thus from staff itself again.
[17:10]	schestowitz	(no, it will not be taken from the bonuses of management who made the wrong decision, nor from the EPO-TIF (investment funds), because not increasing that will lead to a cut in kickback bonuses hence staff will have to pay for their own moral damage management inflicted upon them)
[17:10]	schestowitz	Anon
[17:10]	schestowitz	OCTOBER 4, 2021 AT 6:14 PM
[17:11]	schestowitz	I think the AC are just paying lip service to social peace and theyre perfectly happy with what has turned out to be just a slight variant of the Batistelli regime.
[17:11]	schestowitz	Attentive Observer
[17:11]	schestowitz	OCTOBER 5, 2021 AT 5:28 PM
[17:11]	schestowitz	Here we have another version of the game: the tail is wagging the dog!
[17:11]	schestowitz	What happened under his predecessor is continuing!
[17:11]	schestowitz	When the present tenant of the 10th floor has been appointed he was meant to restore social piece at the EPO.
[17:11]	schestowitz	If the AC had the guts he would have send him back to the Iberian peninsula a while ago. But the AC is gullible to everything that was presented to it by the EPO management.
[17:11]	schestowitz	Not only the social situation has degraded, but it has worsened dramatically.
[17:11]	schestowitz	When you know hear that buildings are transformed in open space offices it it high time to realise that the people in charge at the EPO have no clue of what people, and especially examiners, are doing.
[17:11]	schestowitz	Planning a kind of virtual EPO in which members of deciding bodies are not even sitting together when they decide is an heresy. But the AC has happily endorsed Art 15a RPBA20.
[17:11]	schestowitz	It can be expected that G 1/21 will be a good successor of G 2/19 and G 3/19.
[17:11]	schestowitz	Attentive Observer
[17:11]	schestowitz	OCTOBER 6, 2021 AT 10:21 AM
[17:11]	schestowitz	It is not a question to merely repay what has been removed in excess.
[17:11]	schestowitz	The whole strike regulation has to be amended to conform to the ILO-AT judgement. It is simply illegal and it does not matter whether it has been adopted by the AC or not.
[17:11]	schestowitz	It is relatively rare that the ILO-AT considers a general measure to be illegal.
[17:11]	schestowitz	In general it contends itself to decide whether the measure adopted had followed the correct legal way.
[17:11]	schestowitz	It rarely takes a political position like here.
[17:11]	schestowitz	There is another problem lurking in the background. The EPO has unilaterally decided to suppress the specific invalidity insurance for which staff has paid premiums for many years.
[17:11]	schestowitz	This premium was there to guarantee a lump sum in case of invalidity.
[17:11]	schestowitz	The lump sum has been removed, but the EPO kept the premiums staff had paid.
[17:11]	schestowitz	Another way to restore social peace?
[17:11]	schestowitz	Urgh.
[17:11]	schestowitz	OCTOBER 6, 2021 AT 2:28 PM
[17:11]	schestowitz	Thats less problematic than it seems.
[17:11]	schestowitz	Staff did get a refund on premiums which were not used to finance the old scheme.
[17:11]	schestowitz	The new scheme has a continued salary, which is tax-free, the old scheme had payouts which were not tax free.
[17:11]	schestowitz	The new scheme has issues, but the old one had too.
[17:11]	schestowitz	"
[17:58]		*DaemonFC (~daemonfc@fqd6adytd9xce.irc) has joined #techbytes
● Oct 07
[18:51]		*DaemonFC has quit (Ping timeout: 2m30s)
[18:57]		*DaemonFC (~daemonfc@fcb92uapwzye6.irc) has joined #techbytes
● Oct 07
[21:53]		*psydroid2 has quit (connection closed)
[21:57]		*GNUmoon2 has quit (Ping timeout: 2m30s)
● Oct 07
[22:01]		*psydroid2 (~psydroid@cqggrmwgu7gji.irc) has joined #techbytes
[22:42]		*GNUmoon2 (~GNUmoon@472igxb9hwwik.irc) has joined #techbytes