Techrights logo

IRC: #techbytes @ Techrights IRC Network: Monday, November 14, 2022

(ℹ) Join us now at the IRC channel | ䷉ Find the plain text version at this address (HTTP) or in Gemini (how to use Gemini) with a full GemText version.

*geert (~geert@8gh77webvnuwe.irc) has joined #techbytesNov 14 01:58
geertsupsupsupsupNov 14 01:58
*geert has quit (Ping timeout: 2m30s)Nov 14 03:58
schestowitz<li>Nov 14 05:46
schestowitz                                    <h5><a href="https://itwire.com/business-it-news/security/govt-announces-100-strong-force-to-hunt-down-online-attackers.html">Govt announces 100-strong force to hunt down online attackers</a> [iophk: Windows TCO]</h5>Nov 14 05:46
schestowitz                                    <blockquote>Nov 14 05:46
-TechBytesBot/#techbytes-iTWire - Govt announces 100-strong force to hunt down online attackersNov 14 05:46
schestowitz                                        <p>Home Affairs Minister Clare O'Neil and Federal Attorney-General Mark Dreyfus made the announcement jointly on Saturday, a day after the AFP commissioner Reece Kershaw claimed that those behind the ransomware attack on medical insurance provider Medibank Group were based in Russia. Ransomware generally attacks only systems running Microsoft's Windows operating system.</p>Nov 14 05:46
schestowitz                                        <p>O'Neil, who is also responsible for online security, said: "This is the formalisation of a partnership, a standing body in the Australian Government, which will day in, day out, hunt down the scumbags who are responsible for these malicious crimes against innocent people.</p>Nov 14 05:46
schestowitz                                    </blockquote>Nov 14 05:46
schestowitz                                </li>Nov 14 05:46
schestowitz<li>Nov 14 05:50
schestowitz                            <h5><a href="https://drewdevault.com/2022/11/12/In-praise-of-Plan-9.html">In praise of Plan 9</a></h5>Nov 14 05:50
-TechBytesBot/#techbytes-drewdevault.com | In praise of Plan 9Nov 14 05:50
schestowitz                            <blockquote>Nov 14 05:50
schestowitz                                <p>One example I often raise to illustrate the design ideals of Plan 9 is to compare its approach to network programming with that of the Unix standard, Berkeley sockets. BSD sockets fly in the face of Unix sensibilities and are quite alien on the system, though by now everyone has developed stockholm syndrome with respect to them so they don’t notice. When everything is supposed to be a file on Unix, why is it that Nov 14 05:50
schestowitzthe networking API is entirely implemented with special-purpose syscalls and ioctls? On Unix, creating a TCP connection involves calling the “socket” syscall to create a magic file descriptor, then the “connect” syscall to establish a connection. Plan 9 is much more Unix in its approach: you open /net/tcp/clone to reserve a connection, and read the connection ID from it. Then you open /net/tcp/n/ctl and write “connect 127.0.0.1!80” to it,Nov 14 05:50
schestowitz where “n” is that connection ID. Now you can open /net/tcp/n/data and that file is a full-duplex stream. No magic syscalls, and you can trivially implement it in a shell script.</p>Nov 14 05:50
schestowitz                            </blockquote>Nov 14 05:50
schestowitz                        </li>Nov 14 05:50
schestowitz  <li>Nov 14 05:51
schestowitz                                    <h5><a href="https://blog.arduino.cc/2022/11/12/handy-machine-cuts-and-strips-wires-so-you-dont-have-to/">Handy machine cuts and strips wires so you don’t have to</a></h5>Nov 14 05:51
-TechBytesBot/#techbytes-blog.arduino.cc | Handy machine cuts and strips wires so you don’t have to | Arduino BlogNov 14 05:51
schestowitz                                    <blockquote>Nov 14 05:51
schestowitz                                        <p>Before someone calls us out: no, this machine doesn’t fully strip the wires. It just precuts the ends so that the user can quickly pull off the insulation. But it is still doing all the hard work and is very useful. Just load up a spool of wire, feed it into the machine, set the wire length and stripped lengths, and sit back. The machine will cut through the insulation at one end, dispense the desired Nov 14 05:51
schestowitzlength of wire, cut through the insulation at the other end, and then cut that piece of wire off so it lands in a collection bucket.</p>Nov 14 05:51
schestowitz                                    </blockquote>Nov 14 05:51
schestowitz                                </li>Nov 14 05:51
schestowitzhttp://patentblog.kluweriplaw.com/2022/11/08/epo-management-fails-to-allow-mass-emails-despite-iloat-judgment/Nov 14 06:05
-TechBytesBot/#techbytes-patentblog.kluweriplaw.com | EPO management fails to allow mass emails, despite ILOAT judgment - Kluwer Patent BlogNov 14 06:05
schestowitz"Nov 14 06:05
schestowitzThe EPO is worse than Musk not tolerating workers unions at Tesla.Nov 14 06:05
schestowitzConcerned observerNov 14 06:05
schestowitzNOVEMBER 8, 2022 AT 4:31 PMNov 14 06:05
schestowitzSo what is the practical consequence of the EPO disregarding an ILOAT judgement (and thereby continuing to infringe the right to association of its staff)?Nov 14 06:05
schestowitzThe AC has now been asleep at the wheel for over a decade, and has recently given up even pretending to act as the EPO’s independent overseer. There would therefore seem no point asking the AC to step in to ensure that the EPO respects the rule of law. But to whom else can the EPO’s staff turn?Nov 14 06:05
schestowitzWould the EPO’s blatant disregard of ILOAT judgements provide an opportunity to ask the Dutch Supreme Court to revisit their infamous judgement on the EPO’s immunity from suit? I have my doubts.Nov 14 06:05
schestowitzIn any event, it is interesting to observe how an international body tasked with implementing laws can effectively “go rogue” (by failing to uphold the rule of law, rendering their governing laws meaningless by interpreting them according to their wishes, etc.) without giving rise to even the slightest signs of concern amongst the member states. And yet this is the very organisation that will soon be entrusted with even more powers (regarding “Nov 14 06:05
schestowitzunitary” patents).Nov 14 06:05
schestowitzGiven the weaknesses and flaws in the governance structure of the UPC (even compared to the EPO), I shudder to think what might happen if that organisation were to similarly “go rogue”.Nov 14 06:05
schestowitzEnough is enoughNov 14 06:05
schestowitzNOVEMBER 8, 2022 AT 4:33 PMNov 14 06:05
schestowitzThe present attitude of the head of the EPO illustrates best that immunity is considered as giving impunity when refusing to apply a clear judgement of the ILO-AT.Nov 14 06:06
schestowitzIt actually boils down to contempt of court when a further condition is added which has never been envisaged by the court. If people do not like messages from the staff representation, there is a delete button on every keyboard.Nov 14 06:06
schestowitzThe attitude of the head of the EPO and its minions is despicable.Nov 14 06:06
schestowitzBut he has the support of a majority of the AC.Nov 14 06:06
schestowitzOne actually wonders why?Nov 14 06:06
schestowitzIf one knows that the DPO is employed on a contract basis, one cannot expect a document emanating from the DPO being contrary to the wishes of the president.Nov 14 06:06
schestowitzI am convinced that it is not the DPO who has thought of this extra hurdle but the (un)human resources management.Nov 14 06:06
schestowitzWhat is going on at the EPO is tragic, and the success story of the EPO is getting ruined by pseudo managers who think they can act as if we were still in the 19th century.Nov 14 06:06
schestowitzHow can anybody expect that examiners and their immediate support staff can work with a free mind in such atrocious conditions. I am not surprised that the EPO experiences difficulties in recruiting examiners.Nov 14 06:06
schestowitzConcerned observerNov 14 06:06
schestowitzNOVEMBER 8, 2022 AT 5:53 PMNov 14 06:06
schestowitzContempt of court? Well, not quite. Regarding execution of its judgements, the ILOAT’s website contains the following advice:Nov 14 06:06
schestowitz“The Tribunal’s judgments carry the authority of res judicata and must be executed as ruled. The parties must work together in good faith to this end. In cases where no time frame is set by the Tribunal for the execution of an order, the judgments must be executed within a reasonable period of time. In order to ascertain whether this is the case, all the circumstances of the case must be taken into account, especially the nature and the scope of Nov 14 06:06
schestowitzthe action which the organisation is required to take (see, in particular, Judgments 3656, consideration 3; 2684, considerations 4 and 6; and 3066, consideration 6). If there are serious reasons to believe that the defendant organisation will not honour its obligations or will delay execution, the complainant may, after having allowed the organisation a sufficient and reasonable period of time to execute the judgment, ask the Tribunal, by an Nov 14 06:06
schestowitzapplication for execution filed pursuant to Article VI(1) of the Statute, to rule that the organisation has failed to do so and to order that appropriate measures be taken.Nov 14 06:06
schestowitzAn application for execution must satisfy the formal requirements provided for in the Rules; the party applying for execution should fill in a specific form available on the website of the Tribunal, write a brief, provide a list of annexes as well as the annexes themselves, and submit six copies of all these documents. These applications are not subject to time limits, nor is there any obligation to exhaust internal means of redress before filing Nov 14 06:06
schestowitzthe application”.Nov 14 06:06
schestowitzArticle VI(1) of the Statute states that:Nov 14 06:06
schestowitz“The Tribunal shall take decisions by a majority vote. Judgments shall be final and without appeal. The Tribunal may nevertheless consider applications for interpretation, EXECUTION or review of a judgment”.Nov 14 06:06
schestowitzIt therefore seems that ignoring an ILOAT judgement has no consequence unless and until an application for execution is filed and then decided by the Tribunal. Even then, success for a complainant is far from certain, as they must demonstrate “serious reasons” to believe that execution of a judgement will be (further) delayed. No doubt this will give international organisations plenty of opportunities for gaming the system, for example by Nov 14 06:06
schestowitzteasing possible solutions that arguably do not comply with the judgement in question.Nov 14 06:06
schestowitzMoreover, even presuming that the Tribunal decides promptly and in the complainant’s favour, it is unclear what “appropriate measures” the Tribunal can take. This is not least because the ILOAT would seem to have no power to impose anything other than financial sanctions. Also, it is important to remember that, at any point, the EPO is free to withdraw its recognition of the ILOAT’s jurisdiction.Nov 14 06:06
schestowitzSo what can be done? Well, one thought would be to see if a way can be found to get the case before the CJEU (eg in view of the EU’s Charter of Fundamental Rights, as applied in cases such as C-402/05 P). But that presupposes the existence of a national court that will take the case (despite the immunities of the international organisation) AND be willing and able to make a reference to the CJEU. This seems unlikely.Nov 14 06:06
schestowitzIt has been observed in academic writings that the only way that laws applicable to international organisations can be enforced is either by the organisations themselves, or through political pressure of their members. When it comes to the EPO, this means that there is no way for the laws to be enforced.Nov 14 06:06
schestowitzEnough is enoughNov 14 06:06
schestowitzNOVEMBER 9, 2022 AT 3:04 PMNov 14 06:06
schestowitzDear Concerned observer,Nov 14 06:06
schestowitzWhen i wrote my comment, I was fully aware that the ILO-AT was not an ordinary court.Nov 14 06:06
schestowitzThe ILO-AT has no real means of enforcement if its decisions are not implemented.Nov 14 06:06
schestowitzAnd the EPO is playing with it.Nov 14 06:06
schestowitzIt is remarkable that the ILO-AT is literally flooded with motions stemming from EPO staff members.Nov 14 06:06
schestowitzThere have been discussions between EPO’s management and the ILO-AT to see if something could be done. But to no avail! The EPO’s management even envisaged to levy a fee if a staff member wanted to go to Geneva.Nov 14 06:06
schestowitzIt is tragic to see “that there is no way for the laws to be enforced”. The AC is rubber stamping what comes from the 10th floor of the Isar building, That a new member state will join the EPC can even render things worse, as this further state will be very keen to get a part of the “cooperation” budget!Nov 14 06:06
schestowitzThe EPO is indeed free to withdraw its recognition of the ILOAT’s jurisdiction. But then EPO’s staff would be subject to the arbitrary decisions of the president. He is by no means bound by a decision of the internal appeals committee and can even aggravate sanctions if he is displeased with the result of the internal appeal committee. This has happened, so it is not a mere theoretical possibility.Nov 14 06:06
schestowitzAfter the salaries and pensions having been frozen for a while on the basis of a fake financial study and an amendment to the way salaries have been calculated, a salary increase is foreseen to compensate for the inflation. But the president has already announced that the production will have to increase with in parallel with the salary increase. This is typical of what was going on in the 19th century.Nov 14 06:06
schestowitzThe salaries at the EPO are by far not as good as they used to be. Combined with the fact that an open ended contract can only be obtained after two five year contracts it also explains why the EPO experiences difficulties in recruitment.Nov 14 06:06
schestowitzWhen looking at the way the job of an examiner is presented on the EPO’s home page, nice buzzwords are used, but nowhere is anything mentioned about the 5 years contracts and the way disputes between staff and management can be settled.Nov 14 06:06
schestowitzA good scientist or engineer with some knowledge of foreign languages is not dependent on the EPO to find a good job. Very few candidates with a family and kids will envisage coming to the EPO and at the same time severing any ties with the social protection and pension system from its country of origin.Nov 14 06:06
schestowitzConcerned observerNov 14 06:06
schestowitzNOVEMBER 10, 2022 AT 1:46 PMNov 14 06:06
schestowitzThe “financial study” was a masterclass in lies and misrepresentations. It does not matter that there is already clear evidence that its “predictions” were nothing more than a managerial fantasy. This is because it was only ever intended to serve the purpose of further reducing the EPO’s outgoings (to its staff) and thereby increasing the flow of funds into the EPO’s coffers … to be disposed of as the management and the AC see fit.Nov 14 06:07
schestowitzIt is a sad state of affairs when such a clearly meritless “study” is simply rubber-stamped by the AC, with none of the delegations apparently voicing any concern or dissent. This is the part that I find hardest to understand. However, it has become clear to me that even those AC delegations that once might have expressed an independent view have quickly been taught the error of their ways. The only question is how that has been achieved. Whilst Nov 14 06:07
schestowitzthere is no doubt that money has been the key to achieving this, the veil of secrecy that covers all dealings with international organisations makes it hard to understand from where and to which organisations (or individuals??) the funds have flowed. If it were possible to drag that information out into the light of day, then there might just be a chance of the AC remembering that it is supposed to act as the EPO’s overseer … and not its poodle!Nov 14 06:07
schestowitzExtraneous AttorneyNov 14 06:07
schestowitzNOVEMBER 8, 2022 AT 6:25 PMNov 14 06:07
schestowitzIf the EPO were not an international organisation, but a EU agency like the EUIPO, would any of this be possible?Nov 14 06:07
schestowitz(To clarify, I do not necessarily think that the EPO ought to be a EU agency, and I am very well aware that such a change could be difficult to bring about, to put it mildly.)Nov 14 06:07
schestowitzEnough is enoughNov 14 06:07
schestowitzNOVEMBER 9, 2022 AT 3:19 PMNov 14 06:07
schestowitzThe answer to your question is a clear NO.Nov 14 06:07
schestowitzMeans of redress for EU staff members is at the end the CJEU.Nov 14 06:07
schestowitzMany years ago the commission had agreed with staff unions an increase in wages within a given range. The Commission decided to go 0,1% above the lower value of the range. Following a complaint before the CJEU the Commission was sentenced to increase the salaries with the average value of the range.Nov 14 06:07
schestowitzSuch a decision is unthinkable at the ILO-AT as its role is mainly to check that the procedure has been respected. Any “political” decision like the one of the CJEU would never be taken by the ILO-AT.Nov 14 06:07
schestowitzIt is only if the procedure has not been correctly followed or if it is arbitrary, that the ILO-AT will do something.Nov 14 06:07
schestowitzThe CJEU has certainly the means to impose its decision to the commission.Nov 14 06:07
schestowitzA situation like at the EPO is unthinkable at the EU.Nov 14 06:07
schestowitzThe ILO-AT is the only possibility for a final judicial decision for the staff of most intergovernmental organisations. It is open for instance to UN staff or ESA staff.Nov 14 06:07
schestowitzWhen hiring at such an organisation, most of staff are not aware of this drawback.Nov 14 06:07
schestowitzLightBlueNov 14 06:07
schestowitzNOVEMBER 10, 2022 AT 9:58 AMNov 14 06:07
schestowitzCould a complaint be made against the individual EU states for not requiring their members of the AC to ensure that the rule of law is observerd, with the CJEU having a final say?Nov 14 06:07
schestowitzcritical examinerNov 14 06:07
schestowitzNOVEMBER 12, 2022 AT 8:58 AMNov 14 06:07
schestowitzIt might be linked to the concept of fiduciary duty. One can accuse the AC members of perpetrating the rule of of a president who loses the members countries money by taking illegal decisions. But the ministries that send the AC representatives will surely side with the AC reps. Nobody wants to rock the boat at this level.Nov 14 06:07
schestowitzLKJLNov 14 06:07
schestowitzNOVEMBER 10, 2022 AT 10:47 AMNov 14 06:07
schestowitzSurely the long-term solution is to set up the EPO as the Patents Division of the EUIPO granting patents (unitary?), with recourse to the General Court of the EU for applicants and protection for employees under the EU schemes. Democratic legitimacy and oversight are then provided by the European Parliament.Nov 14 06:07
schestowitzDXThomasNov 14 06:07
schestowitzNOVEMBER 11, 2022 AT 12:32 PMNov 14 06:07
schestowitzDear LKJL,Nov 14 06:07
schestowitzYour suggestion might be interesting, but it would boil down to turning back the wheel of history.Nov 14 06:07
schestowitzIn the 60s of the 20th century, there have been no less than four drafts of a Community Patent Convention. None of those drafts ended up at a diplomatic conference.Nov 14 06:07
schestowitzOne major problem was the closed character of this possible agreement as it was reserved for European Community EC member states. European countries which played an important role in patents, due to the fact they had a substantive examination system (e.g. SE, AT), were at the time not member of the EC.Nov 14 06:07
schestowitzOther reasons were language requirements (an official document of the EC/EU should in principle be available in all official languages of the member states), the fear of forum shopping to name the most preeminent. The UK, although at the time a young member state, was also not keen on this idea and had a quite obstructive attitude.Nov 14 06:07
schestowitzIt is the pressure of the PCT signed in 1970 which created the fear of some EC/EU member states of being flooded by unexamined patents which pushed the European countries to have a new look at the situation. At the time, the PCT mainly consisted of Chapter 1.Nov 14 06:07
schestowitzThe solution of the problem was, according to my information, proposed by Mr. Kurt Haertel, at the time head of the German Patent Office.Nov 14 06:07
schestowitzThe proposal was to create two conventions, one which was open to non-EC/EU member states which would lead to the grant of a European patent which was equivalent to a national patent. The second convention was meant to deal with the rights of such an EP within the EC/EU.Nov 14 06:07
schestowitzAll those efforts have been successful and ended in 1973 with signing of the EPC and the EPO opened its doors on 01.01.1978.Nov 14 06:07
schestowitzAnother reason why a breakthrough was achieved with the EPC/EPO was the limitation of the official language of this to be created EPO to three: GB, DE and FR.Nov 14 06:07
schestowitzIf you look at the “travaux préparatoires” you will find a lot of documents with reference to these various drafts within the EC and the meetings which took place in Luxembourg under the aegis of the EC.Nov 14 06:07
schestowitzYou know now why the passage between the Pschorr-Höfe buildings is named Kurt Haertel Passage.Nov 14 06:08
schestowitzThere has been a diplomatic conference in 1975 in Luxembourg about the community patent. This was again a closed convention. The community patent was a patent granted by the EPO and which would have been common to all EC/EU member states. The Luxembourg conference led to no tangible result and the project of a common patent was dead for many years. The reasons were still the languages and the fear of forum shopping.Nov 14 06:08
schestowitzIt took up to 2012 and 2013 to come back with the idea of a patent valid for all some EU member states in the form of two EU Regulations, on the translations and on the enhanced cooperation, as well as the UPCA.Nov 14 06:08
schestowitzIt seems thus not thinkable to return to the situation before the creation of the EPC as the EPC has now much more member states as the 27 EU member states. Politically the idea is dead-borne.Nov 14 06:08
schestowitzcritical examinerNov 14 06:08
schestowitzNOVEMBER 9, 2022 AT 5:42 PMNov 14 06:08
schestowitzIt’s very disappointing to see that the present president is not al all better than the previous one. The two choices made by the AC one after another point to a structural problem of the EPO. I dream of a day when all the international organisations will be subjected to the principle of “three strikes, you’re out!” but that will never happen. That would mean that if an organisation loses three lawsuits, then the signatories of the illegal Nov 14 06:08
schestowitzdecision are fired. That would suppose also that the ILOAT decision should be extremely fast and wouldn’t mean anything to the president if (s)he’s in the final year but at least it would clean up the HR and the lawyers who signed, which would be no mean thing. Something must be done against serial abusers of the law.Nov 14 06:08
schestowitzConcerned observerNov 14 06:08
schestowitzNOVEMBER 10, 2022 AT 12:39 PMNov 14 06:08
schestowitz“Something must be done against serial abusers of the law”. I could not agree more. However, the foxes are in charge of the hen house. The AC delegations, and likely their political masters, have decided to turn a blind eye to all of this. Ditto for the Dutch Supreme Court and the ECtHR.Nov 14 06:08
schestowitzSadly, for an international organisation, the EPO is not alone in “going rogue”. Indeed, its breaches of the rule of law are arguably not as troubling as breaches by other international organisations (such as WIPO, under the leadership of Francis Gurry, who, amongst other things, was accused of breaking United Nations Security Council sanctions by sending IT equipment to North Korea and Iran; see https://en.wikipedia.org/wiki/Francis_Gurry).Nov 14 06:08
-TechBytesBot/#techbytes-en.wikipedia.org | Francis Gurry - WikipediaNov 14 06:08
schestowitzWe can therefore conclude that there are strong ground for limiting the immunities granted to international organisations, so that there is at least one reliable route (namely legal action before a national court) that can be used to address the most egregious breaches of the rule of law. However, unless and until that happens, or a national supreme court is prepared to interpret immunities as being so limited, the only hope is that the politicians Nov 14 06:08
schestowitzin charge of all of this suddenly find a conscience and grow a backbone. Forgive me, but I will not hold my breath waiting for this to happen!Nov 14 06:08
schestowitzMax DreiNov 14 06:08
schestowitzNOVEMBER 10, 2022 AT 10:18 AMNov 14 06:08
schestowitzSomething must be done, I read. But the human rights of staff at the EPO do not impinge on the consciousness of elected politicians, their voters and their acolytes on the EPO’s AC nearly as much as the human rights of those unfortunate millions of people currently being abused by a whole host of nation States, all around the world.Nov 14 06:08
schestowitzIn the order of priorities for elected politicians worried about getting re-elected, what’s happening at the EPO is so far down the list of concerns as to be invisible. Their time is precious. They are devoting it to other things, and will continue to do so. Nothing is going to be done about it, any time soon.Nov 14 06:08
schestowitzBesides, ever-increasing divident pay-outs from the EPO increasingly encourage the Member States not to rock the AC boat.Nov 14 06:08
schestowitzBesides, if the UPC is a roaring success, quality maintenance at the EPO can be dismissed as mattering less than it did.Nov 14 06:08
schestowitzOne-Winged BirdNov 14 06:08
schestowitzNOVEMBER 12, 2022 AT 2:43 PMNov 14 06:08
schestowitzThe main flaw in the system of legal protection for EPO staff can be summed up in a single phrase: “lack of injunctive relief”.Nov 14 06:08
schestowitzA legal system purporting to protect the rights of its stakeholders which operates without the possibility for injunctive relief is inherently defective.Nov 14 06:08
schestowitzIt’s like a bird trying to fly on one wing.Nov 14 06:08
schestowitzThus we end up with situations like the one currently under discussion.Nov 14 06:08
schestowitzThe EPO management can enact measures which breach the fundamental rights of staff.Nov 14 06:08
schestowitzThese will remian in force for years while the files gather dust in Geneva.Nov 14 06:08
schestowitzFinally – almost a decade later – the breach of fundamental rights will be detected and the impugned measure set aside.Nov 14 06:08
schestowitzBy that time most of those directly involved will either be retired or have moved on to new positions (such as the former head of the German delegation who is now the EPO’s VP5).Nov 14 06:08
schestowitzTruly an absurd and Kafkaesque situation.Nov 14 06:08
schestowitzBut as Max Drei has noted, a situation which is unlikely to change.Nov 14 06:08
schestowitzWhere there is no will, there is usually no way …Nov 14 06:08
schestowitzOne-Winged BirdNov 14 06:08
schestowitzNOVEMBER 12, 2022 AT 2:54 PMNov 14 06:08
schestowitzWhat most commentators appeared to have missed is that a legal protection deficit similar to that afflicting EPO staff is likely to cast a shadow over the UPC.Nov 14 06:08
schestowitzThe EPC at least anchors a right of access to the ILOAT in its text.Nov 14 06:08
schestowitzHowever, in the case of the UPC agreement I have been unable to find any provisions governing the matter of employment disputes.Nov 14 06:08
schestowitzBefore anyone barks about EU law, I would caution about placing any reliance on that.Nov 14 06:08
schestowitzThe UPC is not an EU institution.Nov 14 06:08
schestowitzIt is an international court established by an agreement amongst a group of EU states.Nov 14 06:09
schestowitzThere is no reason to assume that EU law applies to employment relationships in such an institution.Nov 14 06:09
schestowitzI also cannot find any UPC document resembling the EPO’s Staff Regulations so it’s not clear what mechanisms – if any – exist for the resolution of staff grievances.Nov 14 06:09
schestowitzBut why worry about such minor niggling details as the rights of employees when you’re busy trying to set up a supranational gravy-train for judges, lawyers and their corporate lobbyist buddies … 😉Nov 14 06:09
schestowitzComments are closed.Nov 14 06:09
schestowitz"Nov 14 06:09
schestowitz <li>Nov 14 06:11
schestowitz                                    <h5><a href="https://blog.powerdns.com/2022/11/11/fosdem-2023-dns-developer-room-call-for-participation/">FOSDEM 2023 DNS Developer Room Call for Participation</a></h5>Nov 14 06:11
-TechBytesBot/#techbytes-blog.powerdns.com | FOSDEM 2023 DNS Developer Room Call for Participation | PowerDNS BlogNov 14 06:11
schestowitz                                    <blockquote>Nov 14 06:11
schestowitz                                        <p>After three earlier successful and packed DNS devrooms at FOSDEM 2018, 2019, and 2020, we are happy to announce a half-day DNS devroom at FOSDEM 2023.</p>Nov 14 06:11
schestowitz                                        <p>As with the previous events, we hope to host talks anywhere from hardcore protocol stuff, to practical sessions for programmers that are not directly involved with DNS but may have to deal with DNS in their day to day coding or system administrators responsible for DNS infrastructure.</p>Nov 14 06:11
schestowitz                                    </blockquote>Nov 14 06:11
schestowitz                                </li>Nov 14 06:11
schestowitz <li>Nov 14 06:12
schestowitz                                    <h5><a href="https://diziet.dreamwidth.org/13476.html">Stop writing Rust linked list libraries!</a></h5>Nov 14 06:12
-TechBytesBot/#techbytes-diziet.dreamwidth.org | diziet | Stop writing Rust linked list libraries!Nov 14 06:12
schestowitz                                    <blockquote>Nov 14 06:12
schestowitz                                        <p>Don’t write a Rust linked list library: they are hard to do well, and usually useless.</p>Nov 14 06:12
schestowitz                                        <p>Use VecDeque, which is great. If you actually need more than VecDeque can do, use one of the handful of libraries that actually offer a significantly more useful API.</p>Nov 14 06:12
schestowitz                                        <p>If you are writing your own data structure, check if someone has done it already, and consider slotmap or generation_arena, (or maybe Rc/Arc).</p>Nov 14 06:12
schestowitz                                    </blockquote>Nov 14 06:12
schestowitz                                </li>Nov 14 06:12
schestowitz<li>Nov 14 06:13
schestowitz                            <h5><a href="https://www.schneier.com/books/a-hackers-mind/">A Hacker’s Mind: How the Powerful Bend Society’s Rules, and How to Bend them Back</a></h5>Nov 14 06:13
-TechBytesBot/#techbytes-Schneier on Security: : A Hacker’s MindNov 14 06:13
schestowitz                            <blockquote>Nov 14 06:13
schestowitz                                <p>In A Hacker’s Mind, Bruce Schneier takes hacking out of the world of computing and uses it to analyze the systems that underpin our society: from tax laws to financial markets to politics. He reveals an array of powerful actors whose hacks bend our economic, political, and legal systems to their advantage, at the expense of everyone else.</p>Nov 14 06:13
schestowitz                            </blockquote>Nov 14 06:13
schestowitz                        </li>Nov 14 06:13
schestowitzx https://briancallahan.net/blog/20221113.htmlNov 14 06:14
-TechBytesBot/#techbytes-briancallahan.net | Brian Robert CallahanNov 14 06:14
schestowitz <li>Nov 14 06:22
schestowitz                                    <h5><a href="https://www.washingtonpost.com/technology/2022/11/13/dan-odowd-challenges-tesla-musk/">The tech CEO spending millions to stop Elon Musk</a></h5>Nov 14 06:22
schestowitz                                    <blockquote>Nov 14 06:22
schestowitz                                        <p>O’Dowd, who made his fortune selling software to military customers, has been using the Model 3 to test and film the self-driving software. He’s documented what appear to be examples of the car swerving across the centerline toward oncoming traffic, failing to slow down in a school zone and missing stop signs. This summer, he triggered an uproar by releasing a video showing his Tesla — allegedly in Nov 14 06:22
schestowitzFull Self-Driving mode — mowing down child-size mannequins.</p>Nov 14 06:22
schestowitz                                        <p>“If Tesla gets away with this and ships this product and I can’t convince the public that a self-driving car that drives like a drunken, suicidal 13-year-old shouldn’t be on the road, I’m going to fail,” O’Dowd said in an interview from his Santa Barbara office, where glass cases display his collection of ancient coins and auction-bought mementos from NASA moon missions.</p>Nov 14 06:22
schestowitz                                    </blockquote>Nov 14 06:22
schestowitz                                </li>Nov 14 06:22
-TechBytesBot/#techbytes-www.washingtonpost.com | Dan O'Dowd is the rich tech CEO spending millions to stop Elon Musk - The Washington PostNov 14 06:22
*liberty_box has quit (Ping timeout: 2m30s)Nov 14 06:34
*rianne_ has quit (Ping timeout: 2m30s)Nov 14 06:35
*rianne_ has quit (Ping timeout: 120 seconds)Nov 14 06:36
*rianne_ (~rianne@ubimf8izmv24i.irc) has joined #techbytesNov 14 06:36
*rianne_ (~rianne@freenode-r9p.jp8.7132oi.IP) has joined #techbytesNov 14 06:36
*liberty_box (~liberty@ubimf8izmv24i.irc) has joined #techbytesNov 14 06:36
*psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytesNov 14 07:22
*psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytesNov 14 07:24
schestowitzzoobab "NO Software Patents" (@zoobab): "Nokia, Orange, Airbus comme ***juge*** de la future Cour des Brevets, est-ce normal? C'est ce qui se passe quand la capture de la justice par les lobbys des grandes entreprises et du microcosme des brevets http:&#x2F;&#x2F;techrights.org&#x2F;2022&#x2F;11&#x2F;06&#x2F;malicious-lobby-for-moles-as-judges&#x2F;"|nitter.itNov 14 08:48
schestowitz<p class="dropcap-first">Nov 14 08:48
schestowitz<a class="readon" title="" href="https://nitter.eu/zoobab/status/1589316512674107392">Read on</a>Nov 14 08:48
-TechBytesBot/#techbytes-zoobab "NO Software Patents" (@zoobab): "Nokia, Orange, Airbus comme ***juge*** de la future Cour des Brevets, est-ce normal? C'est ce qui se passe quand la capture de la justice par les lobbys des grandes entreprises et du microcosme des brevets http://techrights.org/2022/11/06/malicious-lobby-for-moles-as-judges/"|nitter.itNov 14 08:48
schestowitzhttps://twitter.com/lovelycave/status/1590454658006323200Nov 14 08:50
-TechBytesBot/#techbytes-@lovelycave: @schestowitz @Snowden Any idea why they keep voting Putin?It's because he has almost destroyed the income gaps in R… https://t.co/bFMLopOWHvNov 14 08:50
schestowitz"https://twitter.com/lovelycave/status/1590454658006323200"Nov 14 08:50
schestowitz"Any idea why they keep voting Putin?It's because he has almost destroyed the income gaps in Russia, he has chased the oligarchs out and pukes on corrupt politicians. And life in Russia is royal: https://youtu.be/9CEv9VZvuTY https://youtu.be/SnHrdDxq9j0"Nov 14 08:50
-TechBytesBot/#techbytes-@Invidious: https://inv.riverside.rocks/watch?v=9CEv9VZvuTYNov 14 08:50
-TechBytesBot/#techbytes--> inv.riverside.rocks | Massive Indoor Market, Voronezh - InvidiousNov 14 08:50
-TechBytesBot/#techbytes-@Invidious: https://yewtu.be/watch?v=SnHrdDxq9j0Nov 14 08:50
-TechBytesBot/#techbytes--> yewtu.be | Russian Supermarket After 9 Months of Sanctions - InvidiousNov 14 08:50
*psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytesNov 14 11:40
*psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytesNov 14 11:43
schestowitz>      > I read and searched in the decision, I could not find it.Nov 14 13:01
schestowitz>      >Nov 14 13:01
schestowitz>      > I think it was in our complaint, will recheck what we filed.Nov 14 13:01
schestowitz> Nov 14 13:01
schestowitz>     IIRC, the complaint in 2017 made the point that if tenure is contingentNov 14 13:01
schestowitz>     upon appeasing some patent maximalists (like BOAC at EPO), e.g. every 5Nov 14 13:01
schestowitz>     years, then judges are incentivised to rule "for career safety" insteadNov 14 13:01
schestowitz>     of "for justice".> Rereading the comment it might be another decion of the GFCC.Nov 14 13:01
*scientes23 (~c62ebe51@54n9xgft8g6u2.irc) has joined #techbytesNov 14 13:01
schestowitz>      > I read and searched in the decision, I could not find it.Nov 14 13:02
schestowitz>      >Nov 14 13:02
schestowitz>      > I think it was in our complaint, will recheck what we filed.Nov 14 13:02
schestowitz> Nov 14 13:02
schestowitz>     IIRC, the complaint in 2017 made the point that if tenure is contingentNov 14 13:02
schestowitz>     upon appeasing some patent maximalists (like BOAC at EPO), e.g. every 5Nov 14 13:02
schestowitz>     years, then judges are incentivised to rule "for career safety" insteadNov 14 13:02
schestowitz>     of "for justice".> Rereading the comment it might be another decion of the GFCC.Nov 14 13:02
schestowitz--------------------------Nov 14 13:05
schestowitzupstoNov 14 13:05
schestowitz> There might be a big breakthrough coming.Nov 14 13:05
schestowitz>Nov 14 13:05
schestowitz> I've just been in touch with Russell, the man who runs the CorporateNov 14 13:05
schestowitz> Crime Reporter https://www.corporatecrimereporter.com/subscribe/Nov 14 13:05
-TechBytesBot/#techbytes-www.corporatecrimereporter.com | About/SubscribeNov 14 13:05
schestowitz> <https://www.corporatecrimereporter.com/subscribe/>.Nov 14 13:05
schestowitz>Nov 14 13:05
schestowitz> He's very interested in my fight with the USPTO.Nov 14 13:05
schestowitz>Nov 14 13:05
schestowitz> He's a friend of Ralph Nader.  You might know him for his politicalNov 14 13:05
schestowitz> campaign, but he has been very famous in the US for about 60 years forNov 14 13:05
schestowitz> advocating for personal rights, safety and health issues, etc.Nov 14 13:05
schestowitz>Nov 14 13:05
schestowitz> Anyway, Ralph doesn't like computers - he does everything by typewriterNov 14 13:05
schestowitz> and paper - so the matter of Kappos charging $200 for people using paperNov 14 13:05
schestowitz> at the USPTO is perfect for Ralph.Nov 14 13:05
schestowitz>Nov 14 13:05
schestowitz> Russell told me that he and Ralph have started a new publication thatNov 14 13:05
schestowitz> they send to every member of Congress, and he told me that he wouldNov 14 13:05
schestowitz> write up my story and include it in the January edition.Nov 14 13:05
schestowitz>Nov 14 13:05
schestowitz> Also, I dug up the USPTO Today magazine that boasted about their newNov 14 13:05
schestowitz> headquarters.  Look at how amazingly fast and efficient everything wasNov 14 13:05
schestowitz> supposed to be.Nov 14 13:05
schestowitz>Nov 14 13:05
schestowitz> What I always remember, though, is that it is in a place called Old TownNov 14 13:05
schestowitz> Alexandria, which is an expensive area where no government office shouldNov 14 13:05
schestowitz> be located.Nov 14 13:05
schestowitzIt's good news that your grievances may get more attention.Nov 14 13:05
schestowitzI'm a longtime follower of Nader. He's mentioned like 1000 times in Techrights. He rarely talks about patents.Nov 14 13:05
schestowitz> I've been a Nader fan for decades - from the very beginning - and usedNov 14 13:05
schestowitz> to listen to his podcasts every week, and he talks a lot about hisNov 14 13:05
schestowitz> advocacy for paper and the postal system, and I actually tried toNov 14 13:05
schestowitz> contact him many times in every way possible, and never got through.  ANov 14 13:05
schestowitz> year or so ago, I got so angry that I stopped listening to his podcast.Nov 14 13:05
schestowitz>Nov 14 13:05
schestowitz> It was just serendipity that I got in touch with Russell Mokhiber.  INov 14 13:05
schestowitz> found a link on another website.Nov 14 13:05
schestowitz>Nov 14 13:05
schestowitz> Of course, I focused on the paper issue - that's Ralph's issue - but INov 14 13:06
schestowitz> did, also, get into the DOCX nonsense.  I wrote this (a few typos andNov 14 13:06
schestowitz> wording errors/omissions):Nov 14 13:06
schestowitz>Nov 14 13:06
schestowitz>     /It has gotten worse, with the USPTO now trying to force everyNov 14 13:06
schestowitz>     patent application filer to use a proprietary Microsoft programNov 14 13:06
schestowitz>     called DOCX, and their plan it to introduce and "incentive" penaltyNov 14 13:06
schestowitz>     for people who use pdfs./Nov 14 13:06
schestowitz>Nov 14 13:06
schestowitz> /Nov 14 13:06
schestowitz> /Nov 14 13:06
schestowitz>Nov 14 13:06
schestowitz>     /Paper - ubiquitous in some form for millennia - not allowed at theNov 14 13:06
schestowitz>     USPTO. Pdfs - ubiquitous since the earliest days of the computer ageNov 14 13:06
schestowitz>     - soon to not be allowed at the USPTO./Nov 14 13:06
schestowitz>     /Nov 14 13:06
schestowitz>     /Nov 14 13:06
schestowitz>     /Only thing allowed:  DOCX, a Microsoft product.  The largest andNov 14 13:06
schestowitz>     most important - I suppose, still - requiring patent applicationNov 14 13:06
schestowitz>     filers all around the world to use Microsoft, thanks to DavidNov 14 13:06
schestowitz>     Kappos.  And, it all started with his punishment of people who useNov 14 13:06
schestowitz>     paper and the US Postal Service.  Maybe because they have to, andNov 14 13:06
schestowitz>     can't use the internet, of course./Nov 14 13:06
schestowitz>Nov 14 13:06
schestowitz>Nov 14 13:06
schestowitz> Have to wait and see what happens.Nov 14 13:06
schestowitz--------------------------Nov 14 13:06
schestowitz> They sent me a copy of the pilot edition of the Capitol Hill Citizen, Nov 14 13:06
schestowitz> which is a bit bigger than a tabloid, 40 pages long, and full of Nov 14 13:06
schestowitz> excellent content, as would be expected from Ralph Nader, and they "hand Nov 14 13:06
schestowitz> delivered a print copy to 700 offices in Congress." Nov 14 13:06
schestowitz> https://www.capitolhillcitizen.com/ <https://www.capitolhillcitizen.com/>Nov 14 13:06
-TechBytesBot/#techbytes-www.capitolhillcitizen.com | Homepage - Capitol Hill CitizenNov 14 13:06
schestowitz> Nov 14 13:06
schestowitz> Not every one of them will be read, or even looked through, most likely.Nov 14 13:06
schestowitz> Nov 14 13:06
schestowitz> They told me that I'll be in the January issue, which will be the first Nov 14 13:06
schestowitz> issue, so, if a lot of people are anxious to get the first issue and Nov 14 13:06
schestowitz> read it, people will learn about the Patent Office.Nov 14 13:06
schestowitz> Nov 14 13:06
schestowitz> Doesn't mean anybody will care enough to want to try to do anything Nov 14 13:06
schestowitz> about the Patent Office, or even bother to try to contact me, Nov 14 13:07
schestowitz> assuming they put my name in the article.Nov 14 13:07
schestowitz> Nov 14 13:07
schestowitz> But, it will be a good thing if it happens.Nov 14 13:07
schestowitz> I thought they would only be mailing it in the US, but I just took Nov 14 13:08
schestowitz> another look at that webpage, and there's a drop down menu, so they'll Nov 14 13:08
schestowitz> send it around the world.  For some reason I think you're in the UK, Nov 14 13:08
schestowitz> but, wherever you are, they'll send it to you.Nov 14 13:08
schestowitz> State / Province / RegionNov 14 13:08
schestowitzThat's very good news!Nov 14 13:08
*scientes23 has quit (Quit: Connection closed)Nov 14 13:14
*u-amarsh04 (~amarsh04@9zgmcm9suq87q.irc) has joined #techbytesNov 14 13:38
*scientes87 (~c62ebe51@54n9xgft8g6u2.irc) has joined #techbytesNov 14 15:00
*scientes87 has quit (Ping timeout: 2m30s)Nov 14 16:14
*geert (~geert@9c4epdernrm64.irc) has joined #techbytesNov 14 18:52
geertsupsupsupsupNov 14 18:52
*GNUParallel (~5917e05f@54n9xgft8g6u2.irc) has joined #techbytesNov 14 20:10
*GNUParallel has quit (Quit: Connection closed)Nov 14 20:12
*psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytesNov 14 21:13
*psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytesNov 14 21:17
*geert has quit (Ping timeout: 2m30s)Nov 14 21:21
*geert_ (~geert@9c4epdernrm64.irc) has joined #techbytesNov 14 21:23
*geert_ is now known as geertNov 14 21:25
*psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytesNov 14 21:57
*psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytesNov 14 22:06
*Despatche has quit (Quit: Read error: Connection reset by deer)Nov 14 23:15
*psydruid (~psydruid@jevhxkzmtrbww.irc) has left #techbytesNov 14 23:16
*psydruid (~psydruid@jevhxkzmtrbww.irc) has joined #techbytesNov 14 23:17
*Noisytoot has quit (Quit: ZNC 1.8.2 - https://znc.in)Nov 14 23:30
*Noisytoot (~noisytoot@tkbibjhmbkvb8.irc) has joined #techbytesNov 14 23:32

Generated by irclog2html.py 2.6 | ䷉ find the plain text version at this address (HTTP) or in Gemini (how to use Gemini) with a full GemText version.