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IRC: #techbytes @ FreeNode: Saturday, November 07, 2020

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schestowitzhttps://twitter.com/JZA/status/1324866868507766786Nov 07 00:37
-TechBytesBot/#techbytes-@JZA: @schestowitz That article is so confusing, not sure what's the pointNov 07 00:37
schestowitzhttps://twitter.com/trolltrip/status/1324791294678499330Nov 07 00:38
-TechBytesBot/#techbytes-@trolltrip: @schestowitz Remember, remember... https://t.co/szP3FcaYenNov 07 00:38
-TechBytesBot/#techbytes-@trolltrip: @lorenzofb GitHub is a subsidiary of Microsoft. Just call a stinking fish by its name please, thank you.Nov 07 00:38
schestowitzhttps://twitter.com/adriandotgoins/status/1324719186321571841Nov 07 00:38
-TechBytesBot/#techbytes-@adriandotgoins: #CNCN E68 - Exploring ROS 2 with #Kubernetes https://t.co/MilaH0cSY1 @fabersl via @schestowitzNov 07 00:38
-TechBytesBot/#techbytes--> www.youtube.com | Coffee and Cloud Native - E68 - YouTubeNov 07 00:38
schestowitzhttps://twitter.com/jocksjig/status/1324719117471899648Nov 07 00:38
-TechBytesBot/#techbytes-@jocksjig: @schestowitz Exactly! Trump is just another by product of a rotten corrupt system!Nov 07 00:38
schestowitzhttps://twitter.com/trACEymod/status/1324681023167356930Nov 07 00:38
-TechBytesBot/#techbytes-@trACEymod: @schestowitz Awful!Nov 07 00:38
schestowitzhttps://twitter.com/ingo_keck/status/1324667429599981573Nov 07 00:39
-TechBytesBot/#techbytes-@ingo_keck: @schestowitz @zoobab see also https://t.co/3sFKVeH640 As we have now found out, one of the attacks against John was… https://t.co/dc4x8LRzatNov 07 00:39
-TechBytesBot/#techbytes-@vdeherde82: In memoriam of Jon Tennant @protohedgehog -- Reflection on the uses of, and invitation to reevaluate existing Codes… https://t.co/QLHwh9OaZjNov 07 00:39
-TechBytesBot/#techbytes-@ingo_keck: @schestowitz @zoobab see also https://t.co/3sFKVeH640 As we have now found out, one of the attacks against John was… https://t.co/dc4x8LRzatNov 07 00:39
schestowitz"see also https://twitter.com/vdeherde82/status/1251063204370952194 As we have now found out, one of the attacks against John was also because he dared to talk frankly about big academic publishers."Nov 07 00:39
schestowitzhttps://twitter.com/PamMaccabee/status/1324656251050012672Nov 07 00:40
-TechBytesBot/#techbytes-@PamMaccabee: All I can say is do we really need to make fun of others' religious beliefs??????? https://t.co/QcHItoJT9BNov 07 00:40
-TechBytesBot/#techbytes-@schestowitz: ● NEWS ● #DW #DeutscheWelle #Censorship ☞ Belgian teacher suspended over Prophet Muhammad cartoon https://t.co/mxmUBldcLgNov 07 00:40
schestowitzhttps://twitter.com/iridesce57/status/1324606194665852928Nov 07 00:40
-TechBytesBot/#techbytes-@iridesce57: @schestowitz I always knew it was old chewing gum and magic tho when @schestowitz cops to gremlins, I honestly don't know where to go ...Nov 07 00:40
schestowitz"Nov 07 00:40
schestowitziridesceNov 07 00:40
schestowitzSunflowerNov 07 00:40
schestowitzFour leaf cloverNov 07 00:40
schestowitz@iridesce57Nov 07 00:40
schestowitz·Nov 07 00:40
schestowitz17hNov 07 00:40
schestowitzReplying toNov 07 00:40
schestowitz@schestowitzNov 07 00:40
schestowitzI always knew it was old chewing gum and magic tho when @schestowitzNov 07 00:40
schestowitz cops to gremlins, I honestly don't know where to go ...Nov 07 00:40
schestowitz"Nov 07 00:40
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schestowitz>>>>> https://www.noip.com/Nov 07 07:51
-TechBytesBot/#techbytes-www.noip.com | Free Dynamic DNS - Managed DNS - Managed Email - Domain Registration - No-IPNov 07 07:51
schestowitz>>>>>Nov 07 07:51
schestowitz>>>>> The main disadvantage is that renewal has to be done manually everyNov 07 07:51
schestowitz>>>>> month for the free-of-charge service.Nov 07 07:51
schestowitz>>>> After what they did to tuxmachines a decade ago and the MicrosoftNov 07 07:51
schestowitz>>>> incident I avoid themNov 07 07:51
schestowitz>>>>Nov 07 07:51
schestowitz>>> What about eNom?  Do they provide a dynamic service as part of theirNov 07 07:51
schestowitz>>> normal DNS registration?Nov 07 07:51
schestowitz>> I have not checked, but as I said earlier the IP address won't changedNov 07 07:51
schestowitz>> for weeks and if it does roll over, I can email you.Nov 07 07:51
schestowitz> Thanks.  Yes, it's there in the headers.Nov 07 07:51
schestowitzMaybe I will look into this after all.Nov 07 07:51
schestowitz> It looks like I wrote half in one file and half in the other by mistake.Nov 07 07:54
schestowitz>  Maybe I should have my script make the old ones read-only after upload.Nov 07 07:54
schestowitzLet me know how to proceed to avoid loss of work/dataNov 07 07:54
schestowitz> Just take the recent one.  The links in 'other' are often just forNov 07 08:08
schestowitz> information or have other shortcoming preventing dissemination.  SeeNov 07 08:08
schestowitz> 2020-11-07 for example.Nov 07 08:08
schestowitz>Nov 07 08:08
schestowitz> Looking at the time stamp, I must have had both files open simultaneously.Nov 07 08:08
schestowitzOK, I will open the latest and merge a bit.Nov 07 08:08
schestowitzLatest one has one link in it. Merged with the rest now.Nov 07 08:10
schestowitz>>> It can save some time and effort.  Then tracking the current address canNov 07 08:25
schestowitz>>> be offloaded to ddclient.  Some registrars provide dynamic DNS serviceNov 07 08:25
schestowitz>>> for free these days, some for a fee, but either way you have to ask.Nov 07 08:25
schestowitz>>> That usually means opening a support ticket from the official account.Nov 07 08:25
schestowitz>> Should we consider registering a new domain for this as well? Maybe thatNov 07 08:25
schestowitz>> would be cheaper and help isolate one server from another.Nov 07 08:25
schestowitz> Once there is dynamic DNS service providing an A name, adding a CNAMENov 07 08:25
schestowitz> would suffice if the A name is not *.techrights.org.  SoNov 07 08:25
schestowitz> dev.techrights.org or ipfs.techrights.org or something like that would work.Nov 07 08:25
schestowitzLet's wait until the setup develops a little further.Nov 07 08:25
schestowitz>> [08:13] <vZS1> YepNov 07 08:29
schestowitz>> [08:16] <vZS1> Because I used only binaries and nothing like Podman,Nov 07 08:29
schestowitz>> this setup is distribution-agnostic.Nov 07 08:29
schestowitz>> [08:17] <vZS1> go 1.15 binary and go-ipfs 0.7.0 binaryNov 07 08:29
schestowitz>> [08:18] <vZS1> I just unzipped the tarballs and linked the necessaryNov 07 08:29
schestowitz>> binaries to ~/bin.Nov 07 08:30
schestowitz> Thanks.  I'll try the source here though.  Not sure when I can get toNov 07 08:30
schestowitz> that.  Go-lamng is new to me.Nov 07 08:30
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schestowitzhttp://patentblog.kluweriplaw.com/2020/11/03/a-few-thoughts-on-trust-and-judicial-independence/Nov 07 21:38
-TechBytesBot/#techbytes-patentblog.kluweriplaw.com | A few thoughts on trust and judicial independence - Kluwer Patent BlogNov 07 21:38
schestowitz"Nov 07 21:38
schestowitzThis issue can obviously be resolved by letting the CJEU decide on these matters of legal interpretation. By making the EUIPO competent to grant EU patents.Nov 07 21:38
schestowitzReplyNov 07 21:38
schestowitzPeter ParkerNov 07 21:38
schestowitzNovember 6, 2020 at 1:50 pmNov 07 21:38
schestowitzWhile the judiciary should be independent, I do not think that an appointment for life is the only or best option. Everyone who holds a public office of some importance should at least indirectly be answerable to the people. We do not accept presidents or chanclers for life for good reasons and we should also not accept judges for life – the difference between the offices is gradual only after all. An election by the admistrativeNov 07 21:38
schestowitzcouncil for 5 years terms and a guaranteed fallback to examiner status at the EPO for board members who do not get reelected could be a compromise.Nov 07 21:38
schestowitzReplyNov 07 21:38
schestowitzWhat is at stake is not only the independence of the boards of appealNov 07 21:38
schestowitzNovember 6, 2020 at 4:13 pmNov 07 21:38
schestowitzThe problem of the 5 years contracts is not a problem typical for the boards of appeal of the EPO, but is valid nowadays for the whole EPO.Nov 07 21:39
schestowitzIn the past, an appointment to director or principal director was for a lifetime. Only members of the boards of appeal were appointed for renewable 5-year periods.Nov 07 21:39
schestowitzI do not know where this different treatment came from, but it would be interesting to dig into the “Travaux Préparatoires” of the EPC 1973. Up to the penultimate president of the EPO, a member of the boards was always reappointed without any problem.Nov 07 21:39
schestowitzIn order to “increase the perception of independence” of the boards, the penultimate president pushed the AC to introduce R 12d making the reappointment of a member subject to a performance assessment, in other words subject to the quantity of files dealt with by a member. The deleterious atmosphere of DG1 has now found its way into the boards of appeal.Nov 07 21:39
schestowitzIt goes however further. The EPO management used the pretext of appointing board members for only five years as an excuse to first apply this rule to principal directors (PD): they are thus only appointed for five years.Nov 07 21:39
schestowitzIt made it possible to put PDs under heavy pressure, and one could observe these people being on tender hooks from 3 ½ years onwards.Nov 07 21:39
schestowitzThe rule of only 5 years appointments was then passed down to the director level. And then mega-directorates were created by the penultimate VP1. Whilst the Interim Committee preceding the opening of the EPO decided on 12 examiners/director, they are now responsible for several tens of examiners and “Team Leaders” were introduced, and the 5-years policy went a step further down. Team leaders do the job of a director, but they stayNov 07 21:39
schestowitzexaminers.Nov 07 21:39
schestowitzThe 5 year rule presently applies also to examiners. A newly recruited examiner only gets a renewable 5 years year contract to start with. A lifetime appointment as examiner is only possible after the successful achievement of a second 5 years period. But any step further up in the hierarchy is only available with renewable 5 years contracts.Nov 07 21:39
schestowitzSenior management has thus managed to put pressure on the entire workforce of the EPO. Anyone who doesn’t keep up with the allotted objectives or becomes unruly in the view of the management will be fired, unless he belongs to the illustrious circle of favourites and mignons, but those people are always excellent performers……Nov 07 21:39
schestowitzThe problem of true independence is therefore not just a problem of the boards of appeal but one that permeates the whole EPO.Nov 07 21:39
schestowitzAnd this has deleterious consequences. These are of course worst and most obvious in the boards, but the problem also applies to the rest of the EPO.Nov 07 21:39
schestowitzAs far as the examiners are concerned, it is very simple: if you don’t achieve the allotted target, you are incompetent and will be fired. In the past, you could only be fired after a disciplinary procedure.Nov 07 21:39
schestowitzUnder the penultimate president Staff Regulations were amended so that in the event of “professional incompetence”, no disciplinary procedure is necessary to be fired. This has also significantly reduced the possibility to complain internally or to the Administrative Tribunal of the ILO. Being a discretionary decision, the power of revision of the ILO tribunal is very limited and the latter will only intervene when there has been aNov 07 21:39
schestowitzblatant abuse of power.Nov 07 21:39
schestowitzThe boards of appeal only represent the tip of the iceberg when it comes to independence, but the boards are by no means the only place where the independence of the EPO’s staff is in question. According to the penultimate president all those measures had a more than positive effect on quality! Who dares dispute this view? If you do, you get fired like in a well know US TV reality show.Nov 07 21:39
schestowitzSenior management behaves like 19th century employers, and that is not acceptable in the 21th century. And on top of it senior management has no responsibility and systematically refers to its immunity. But immunity is not impunity. The AC has been gullible for all those changes and it continues on this path with the present president. The tail is indeed wagging the dog. One wonders why?Nov 07 21:39
schestowitzReplyNov 07 21:39
schestowitzfrancis hagelNov 07 21:39
schestowitzNovember 7, 2020 at 3:43 pmNov 07 21:39
schestowitzDear Attentive Observer,Nov 07 21:39
schestowitzI agree with your concern that the appointment of BOA members should not be based on their supposed personal views on politically charged issues. I have comments though on the divide between technical and legal judges or BOA members. Court judges and BOA members are supposed to make decisions independently from the wishes of the executive (government or EPO management or AC), ie they must not be result-oriented in a political sense. AtNov 07 21:39
schestowitzthe same time, they should take into account the purpose of the rule in their interpretations, which is different. And also pay attention to other aspects of prime significance to all stakeholders : the consistency and predictability of the jurisprudence, the clarity of the reasoning and of the conclusions.Nov 07 21:39
schestowitzAs to technical judges or BOA members, I find the metaphor of the current flow simplistic. A cornerstone of the BOA jurisprudence and EPO doctrines is the reliance on the technical character. Following the current flow metaphor, it should be simple to decide whether something is technical or not. This could look simple indeed in the 70’s. However, this word has never been defined and the EBA has stated that it did not feel compelledNov 07 21:39
schestowitzto provide a specific definition, given the evolutions of technology and of their fields of application. As a matter of fact, a BOA decision acknowledged this was a grey area. The reliance on such a fuzzy notion leads to overly complex reasoning in CII cases grappling with the entanglement between supposedly technical and non-technical aspects, and the definition of a divided skilled person comprising a business person and a technicalNov 07 21:39
schestowitzperson, only creating unnecessary uncertainties.Nov 07 21:39
schestowitz"Nov 07 21:39

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