●● IRC: #techbytes @ Techrights IRC Network: Wednesday, February 09, 2022 ●●
● Feb 09
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[00:40]	libertybox	MinceR: ^
[00:43]	MinceR	nice
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[01:07]	MinceR	who wrote that letter though?
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● Feb 09
[08:45]	schestowitz	http://patentblog.kluweriplaw.com/2022/02/03/iloat-former-epo-president-battistelli-violated-staffs-right-of-free-association/
[08:45]		-TechBytesBot/#techbytes-patentblog.kluweriplaw.com | ILOAT: Former EPO president Battistelli violated staff's right of free association - Kluwer Patent Blog
[08:47]	schestowitz	"
[08:47]	schestowitz	Concerned observer
[08:47]	schestowitz	FEBRUARY 4, 2022 AT 11:26 AM
[08:47]	schestowitz	Question: how many fundamental rights enshrined in the ECHR can the EPO violate without consequence for the individuals responsible?
[08:47]	schestowitz	The EPO has now been found (by a Dutch court, and the ILO-AT) to have violated two rights enshrined under Article 11 ECHR, namely the right to collective bargaining and the freedom of association. The consequences for doing this? Essentially nothing, other than relatively small fines imposed by ILO-AT and paid for by the Office (ie by funds provided by the EPOs users).
[08:47]	schestowitz	Also, in case Art. 23 1/16, the EBA held that the then President had violated the independence of the judiciary as guaranteed by Article 23(3) EPC. This corresponds to a violation of Article 6 ECHR. The consequences for the former President? None whatsoever.
[08:47]	schestowitz	Indeed, due to their privileges and immunities, it is difficult to imagine any of the responsible individuals ever suffering any adverse consequences, even for deliberate and malicious further violations of rights enshrined in the ECHR.
[08:47]	schestowitz	Of course, one consequence of the ability of the EPOs management to act with impunity is that there will never be any access to TRUE justice for those whose human rights have been violated.
[08:47]	schestowitz	Exhibit A: the ILO-ATs decision to effectively approve the application of the UNLAWFUL provisions of CA/D 2/14 for the nearly EIGHT YEARS that it was in force prior to judgement 4482.
[08:47]	schestowitz	Exhibit B: the Dutch Supreme Courts decision to pretend that recourse to ILO-AT was an acceptable alternative to the right to collective bargaining. The insanity of that pretence is further reinforce by ILO-ATs judgement 4482, as access to true collective bargaining would have prevented unlawful restrictions on the freedom of association from ever entering into force as opposed to remaining in force for almost a decade before being 
[08:47]	schestowitz	quashed.
[08:47]	schestowitz	However, perhaps the most worrying consequence of the immunity / impunity enjoyed by the EPOs management (and the AC) is the fact that as amply illustrated by the above-mentioned cases there is literally nothing to prevent the EPO from engaging in further, potentially much worse violations of fundamental human rights.
[08:47]	schestowitz	So why do the Member States not only tolerate this situation, but also participate (eg by way of CA/D 2/14) in enabling the abuses of human rights at the EPO? Have they no shame? Are they not obliged by their national laws to take action to prevent such abuses?
[08:47]	schestowitz	LightBlue
[08:47]	schestowitz	FEBRUARY 4, 2022 AT 1:03 PM
[08:47]	schestowitz	Perhaps a withholding of the former Presidents pension rights might be appropriate.
[08:47]	schestowitz	Attentive Observer
[08:47]	schestowitz	FEBRUARY 6, 2022 AT 2:05 PM
[08:47]	schestowitz	Through the decisions of the ILO-AT it has now become abundantly clear that the tail was, and still is, wagging the dog.
[08:47]	schestowitz	It is furthermore a scandal that the strike ruling has not been rescinded and still applies. Rather than resolve the problem, the present tenant of the 10th floor prefers to enact regulations relating to the UPC months before they are actually needed!
[08:47]	schestowitz	Art 4a has been superbly ignored by the two last people who rule the EPO as if it was their own property, or the money spent come from their private sources.
[08:47]	schestowitz	This is a further series of scandals!
[08:47]	schestowitz	In the past there have been years when the AC dared not to approve the presidents budget or some projects, like the new building of the EPO in Voorburg/Leidschendam, which ended in a round receptacle.
[08:47]	schestowitz	Years later, when the tower was so derelict that a new building had to be erected. It was not just a building, it was a prestige object, which was inaugurated whilst not finished, just to give the then tenant of the 10th floor the pleasure to meet the King of The Netherlands. Vanity is word which must be taught constantly at the ENA.
[08:48]	schestowitz	Since 2010 the tail is wagging the dog as the tenant of the 10th floor used the cooperation budget in order to get the votes in the CA as he wished. This has not changed with the new tenant of the 10th. I would say it is even worse. With online meetings of the AC, the possibility has been restricted, but at some time the members of the AC coming to Munich could be covered by the EPO insurance, and it is said that some dentists practices around 
[08:48]	schestowitz	the EPO were quite busy when there was an AC session.
[08:48]	schestowitz	Such behaviour of the heads of the EPO is only possible due to the fact that in lots of votes, smaller countries have the same weight as the big contributors in applications. The EPO has grown too quickly without giving itself a mechanism commensurate with its expansion. The same is actually happening with the EU. Nothing against small countries, but they should be aware of their responsibility and not just rubber stamp proposals of EPOs 
[08:48]	schestowitz	management.
[08:48]	schestowitz	In order to increase the perception of the independence of the BA, they were exiled to Haar as retaliation. Now the BA should come back into town. And still, for a large extent, the same delegates sit in the AC. I would not bank that those people have a high notion of self-respect as they would now decide the contrary to what was decided a few years ago. But is the meantime it has cost the users of the EPO millions of which have been wasted just 
[08:48]	schestowitz	for the vanity of an egomaniac.
[08:48]	schestowitz	The former egomaniac had already reduced the salaries and wages. His successor has continued this destructive endeavour on the basis of fake financial studies which have been gobbled by delegations fearing a reduction of the cooperation budget.
[08:48]	schestowitz	Nowadays, the head of the cooperation budget is the former chef de cabinet of the egomaniac. He can thus decide directly and does not have to send instructions down to DG5.
[08:48]	schestowitz	With the New Normal and the teleworking scheme which should have been approved in the December session of the AC, some resistance of the bigger nations, e.g. Germany, The Netherlands, France and Switzerland (sorry if I forgot some) have started resisting. It is to be hoped that the AC comes back to his role of control institutions. I would be ashamed when realising that what I have decided is clearly considered illegal by the ILO-AT.
[08:48]	schestowitz	I reminds me an alleged say of Mao: the fish rots from the head.
[08:48]	schestowitz	Concerned observer
[08:48]	schestowitz	FEBRUARY 7, 2022 AT 11:37 AM
[08:48]	schestowitz	And so we now have further, concrete proof that the EPO never intended to stick to the crucial, but both ridiculous and unjustifiable, assumption underpinning the 2019 financial study, namely that fees would not increase in line with inflation:
[08:48]	schestowitz	https://www.epo.org/law-practice/legal-texts/official-journal/2022/01/a2/2022-a2.pdf
[08:48]	schestowitz	It is beyond a joke that the EPO is still basing its plans upon a financial study whose fundamental assumptions have consistently proven to be well wide of the mark. The real driver behind the creation of such a study is therefore becoming increasingly clear, namely the provision of a pretext to further degrade the working conditions and remuneration of the EPOs (non-management) staff.
[08:48]	schestowitz	Attentive Observer
[08:48]	schestowitz	FEBRUARY 8, 2022 AT 9:10 AM
[08:48]	schestowitz	Dear Concerned Observer,
[08:48]	schestowitz	One cannot but approve your statement!
[08:48]	schestowitz	Furthermore, one should not forget that the AC accepted the worse scenario presented by EPOs administration.
[08:48]	schestowitz	The level of gullibility of most of the delegations is awesome.
[08:48]	schestowitz	The reasoning level in the AC seems to have lowered to a level which is hard to believe:
[08:48]	schestowitz	If it comes from the management, it must be good.
[08:48]	schestowitz	It is even better if we can keep, if not increase, our personal perks and the cooperation budget.
[08:48]	schestowitz	What those people do not realise is that they are sawing off the branch they are sitting on.
[08:48]	schestowitz	With a very lopsided recruitment and a massacred training period the EPO will not be able to maintain the quality the management is proud of.
[08:48]	schestowitz	In any case for the tenant of the 10th floor quality means expediency.
[08:48]	schestowitz	It is only what can be measured!
[08:48]	schestowitz	With the recent tenants of the 10th floor the EPO would never have become the success story it has been.
[08:48]	schestowitz	The EPO is willingly run into the wall.
[08:48]	schestowitz	One really wonders why?
[08:48]	schestowitz	Experienced Examiner
[08:48]	schestowitz	FEBRUARY 8, 2022 AT 3:20 PM
[08:48]	schestowitz	Justice delayed is justice denied.
[08:48]	schestowitz	These recent judgments together with earlier judgments on the right to strike (blog of July 13, 2021) have one thing in common: they arrive very, very late. The strike judgment took around 8 years, the election rules took about the same time, starting also in 2014. Dismissal of the single parent goes back to September 2017, more than four years. At least case 4488 goes back to 2012 (date of decision for transfer), and case 4489 concerns reports 
[08:48]	schestowitz	covering the years 2011 and 2012.
[08:48]	schestowitz	There is no fast track procedure. The legal protection offered to staff is as helpful as a chocolate teapot, as someone remarked on this blog (concerning G 1/21 oral proceedings as videoconference).
[08:48]	schestowitz	That has to change. I wonder whether I will live to see attempts in this regard.
[08:48]	schestowitz	"
● Feb 09
[09:22]	schestowitz	x https://microsoftedge.github.io/edgevr/posts/bug-bounty-hunter-to-working-at-microsoft/
[09:22]		-TechBytesBot/#techbytes-microsoftedge.github.io | Bug bounty hunter to working at Microsoft | Microsoft Browser Vulnerability Research
[09:22]	schestowitz	# spam
● Feb 09
[10:04]	schestowitz	"
[10:04]	schestowitz	Software patent without a device as carrier?
[10:04]	schestowitz	This question comes up frequently at manufacturing companies when they tap into machine learning and digitalization. The good news is: In Europe you can patent just the software part without a physical carrier, as I explain in my latest #askbastian video on YouTube.
[10:04]	schestowitz	If youre wondering how to phrase your software patent claims exactly, download my free Word template.
[10:04]	schestowitz	What's your burning question about digital patents? Tell me in the comments.
[10:04]	schestowitz	As always, if you have any questions on patents for the digital future, hit reply and tell me.
[10:04]	schestowitz	Best,
[10:04]	schestowitz	Bastian
[10:04]	schestowitz	"
● Feb 09
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● Feb 09
[20:00]	schestowitz	> Hi Richard,
[20:00]	schestowitz	> 
[20:00]	schestowitz	> For me it's an adventure, as I know rather little about Gemini at
[20:00]	schestowitz	> present. What I see as some attractive properties;
[20:00]	schestowitz	> 
[20:00]	schestowitz	> 1) Low bar for entry (home hosting of text files)
[20:01]	schestowitz	> 
[20:01]	schestowitz	> 2) mandatory TLS without a CA (self signed, trust on first contact)
[20:01]	schestowitz	> 
[20:01]	schestowitz	> 3) Small but growing community
[20:01]	schestowitz	> 
[20:01]	schestowitz	> 4) Server and client can be written in a few hundred lines of code
[20:01]	schestowitz	> 
[20:01]	schestowitz	> 5) Privacy and freedom respecting protocol design from the ground-up
[20:01]	schestowitz	>    (much of the discussion is around ways to make tracking and
[20:01]	schestowitz	>    fingerprinting very hard and make browsing at least strongly
[20:01]	schestowitz	>    pseudonymous without adding complications at the basic level)
[20:01]	schestowitz	> 
[20:01]	schestowitz	> 6) Though I peronally dislike mobile, Gemini seems extremely well
[20:01]	schestowitz	>    fitted (UTF text without any stylistic markup) and that means it
[20:01]	schestowitz	>    appeals directly to a younger audience.
[20:01]	schestowitz	> 
[20:01]	schestowitz	> 7) Lighweight request based protocol seems well postioned for
[20:01]	schestowitz	>    overlays, meshnets, cheap federated or DHT distributed hosting.
[20:01]	schestowitz	> 
[20:01]	schestowitz	>> I don't complain if there are evil things it can't do.
[20:01]	schestowitz	> Advertising seems disadvantaged as an inbuilt value. It is possible
[20:01]	schestowitz	> commercial interests might move into Gemini space, but it seems built
[20:01]	schestowitz	> to be more hostile to them.  Servers can run CGI, to do search or
[20:01]	schestowitz	> sales in theory. But why would a company already in WWW space want to
[20:01]	schestowitz	> be in Gemini ?
[20:01]	schestowitz	>  
[20:01]	schestowitz	>> What are the advantages you two see in gemini?
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[20:01]	schestowitz	> Presently its community is an advantage. Of course this will change in
[20:01]	schestowitz	> time. Right now it seems more friendly to serious long form discussion
[20:01]	schestowitz	> of issues facing us in preserving tech freedom. It hasn't yet been
[20:01]	schestowitz	> colonised by venture capitalists. So, not being lost in the noise and
[20:01]	schestowitz	> indifference of the WWW feels good at present. It still seems
[20:01]	schestowitz	> evolving, but with very hard values set around simplicity/minimal
[20:01]	schestowitz	> protocol.  Has a relatively sane low-ego benevolent dictator which I think is
[20:01]	schestowitz	> a good model for its stage of life, who apparently builds no
[20:01]	schestowitz	> mechanisms to make themself beholden to (low bus-factor).
[20:01]	schestowitz	> 
[20:01]	schestowitz	>> For what motive would the GNU Project want to have a gemini site?
[20:02]	schestowitz	> It is a fresh, growing network of minds sympathetic to ideas
[20:02]	schestowitz	> that overlap with GNU and early Netizen values;
[20:02]	schestowitz	> 
[20:02]	schestowitz	>  - freedom to operate ones own site (capsule) for personal presence
[20:02]	schestowitz	>  - peer relations
[20:02]	schestowitz	>  - freedom to share and link to friends
[20:02]	schestowitz	>  - all clients and servers are currently free software as they are so simple
[20:02]	schestowitz	> 
[20:02]	schestowitz	>> Would it improve our communications about GNU?  Or would it be 
[20:02]	schestowitz	>> to help gemini, as a sort of GNU endorsement of it?
[20:02]	schestowitz	> Both. There's reciprocity in GNU creating a Gemini presence.
[20:02]	schestowitz	> 
[20:02]	schestowitz	> GNU could bring an attracive base to Gemini. And maturity to help
[20:02]	schestowitz	> steward Gemini - many of the Gemini acolytes seem young and may make
[20:02]	schestowitz	> mistakes that might be avoided if more experienced voices had a stake.
[20:02]	schestowitz	> 
[20:02]	schestowitz	> A Gemini outreach says GNU/FSF is still vibrant and progressive
[20:02]	schestowitz	> 
[20:02]	schestowitz	>> Does gemini use HTML?  Could we post the same pages HTML pages we have
[20:02]	schestowitz	>> nowon a gemini server, or would they need to be modified and adapted?
[20:02]	schestowitz	> No. It has a minimal text markup. html2gmi scripts will serve in most
[20:02]	schestowitz	> cases.
[20:02]	schestowitz	> 
[20:02]	schestowitz	> all best wishes,
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● Feb 09
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● Feb 09
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● Feb 09
[23:39]	schestowitz	"
[23:39]	schestowitz	Dear SUEPO member,
[23:39]	schestowitz	The EGM will be held on Monday 14 February at 12.00 noon in SUEPO MS Teams. An invitation was sent to all members in Munich today. If you have not received the email please contact us immediately.
[23:39]	schestowitz	In accordance with the Munich SUEPO statute Article 9(2) the Munich SUEPO committee invites you on the 14.02.2022 at 12:00 noon to an Extraordinary General Meeting (EGM).
[23:39]	schestowitz	The EGM has become necessary due to the General Assemblies held by the staff committees in MU and TH in the last two weeks. There, in two independent polls the staff in MU and in TH overwhelmingly indicated (93% MU and 93% TH) that they are not satisfied and dont agree with the path the present administration is on. Also an overwhelming number of staff present in those GA's indicated (83% TH and 89% MU) that they would be inclined to participate 
[23:39]	schestowitz	in actions lead by the union.
[23:39]	schestowitz	All SUEPO Committees will invite to EGMs to have the Action Plan' endorsed by their members.
[23:39]	schestowitz	Actions have therefore become necessary in order to help the management correct their present inclination of hoarding unnecessary immense amounts of cash based on biased financial studies at the detriment of staff. During the worst pandemics in our lifetime and the highest inflation registered in the last decades our management does not see the reason for taking corrective measures to adjust the salaries of the active staff and the pensions of the 
[23:39]	schestowitz	pensioners. The management also does not see any reason to revise a flawed career system for the staff and they also see no reason for negotiating in good faith any new reforms which affect all the staff like teleworking, the education allowance or even the latest DG1 reform. This administration rather takes advantage of the unfortunate state of events hoping that the staff will not mobilise.
[23:39]	schestowitz	                                                       This has to stop now.
[23:39]	schestowitz	Agenda of the EGM 
[23:39]	schestowitz	    Presentation of the Central Action Plan agreed by all SUEPO Committees
[23:39]	schestowitz	     Q & A English Q & A German
[23:39]	schestowitz	     AoBs
[23:39]	schestowitz	Following the EGM all SUEPO members will have the opportunity to vote in a ballot on the proposed Central Action Plan. The ballot will be open after the EGM.
[23:40]	schestowitz	
[23:40]	schestowitz	Should the Central Action Plan receive a favourable vote by a majority of all SUEPO members taking part in the vote, all places of employment will be on actions starting on Monday 21.02.2022.
[23:40]	schestowitz	
[23:40]	schestowitz	The President will be informed of the outcome of the ballot and requested to meet with the SUEPO representatives to start fair and bonafide negotiations on addressing staffs grievances.
[23:40]	schestowitz	
[23:40]	schestowitz	As mentioned in the Action Plan, a 'Warning Strike Day' will take place on the 23.03.2022. Should no visible progress be made, further EGMs will be held to inform the staff of the state of the negotiations and if needed further and intensified actions will be proposed.
[23:40]	schestowitz	
[23:40]	schestowitz	Your SUEPO Committee Munich
[23:40]	schestowitz	"
[23:40]	schestowitz	" Invitation to an Extraordinary General Meeting to discuss the Action Plan - Monday, 14 February at 12.00 noon in SUEPO MS Teams"
[23:40]	schestowitz	Ms :/
[23:40]	schestowitz	same Microsoft that spies with the EPO
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