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02:56 schestowitz; > Hello again, Roy.
02:57 schestowitz; >
02:57 schestowitz; > I am sending this email anonymously and I would like to remain so. I
02:57 schestowitz; > trust you will not publish or share this email address. Thank you.
02:57 schestowitz; >
02:57 schestowitz; > Have you noticed RMS is not speaking at LibrePlanet this year?
02:57 schestowitz; > https://libreplanet.org/2022/program/
02:57 -TechrightsBN/#boycottnovell-libreplanet.org | LibrePlanet Program
02:57 schestowitz; >
02:57 schestowitz; > Next step: Stallman out of the board.
02:57 schestowitz; Hi,
02:57 schestowitz; On what basis do you think they would 'oust' him?
03:09 schestowitz; https://twitter.com/Gonzalo_VC23/status/1498450496658493441
03:09 -TechrightsBN/#boycottnovell-@Gonzalo_VC23: @schestowitz :-D
03:14 schestowitz; "
03:14 schestowitz; Mine is dredmorbius@protonmail.com
03:14 schestowitz; Have you attempted contacting Lukas Matt or FENEAS directly yet?
03:14 schestowitz; Thanks.
03:14 schestowitz; "
03:15 schestowitz; "
03:15 schestowitz; Hi Roy from Manchester!
03:15 schestowitz; I'm one of yours readers.
03:15 schestowitz; After reading those of your (many) pills about gemini, I've decided to setup my capsule, too.
03:15 schestowitz; And I remember that you had a post about this at one moment. But, I can't locate it.
03:15 schestowitz; I have a internet domain hosted by a hoster in The Netherlands. And I want to get htpp and gemini.
03:15 schestowitz; There are not any step-by-step recipes available on how to get a gemini website (text, couple pictures) plus a blog. And you have I think the most advanced capsule and more experience than me. Could please help me and enlight me?
03:15 schestowitz; Many thanks!
03:15 schestowitz; "
03:15 schestowitz; Hi, please have a look at agate setup (some minor details have changed since because of newer versions being available) http://techrights.org/2021/02/23/gemini-server-with-agate/
03:16 -TechrightsBN/#boycottnovell-techrights.org | How to Set Up a Gemini Server of Your Own, Even on a Simple Single-Board Computer | Techrights
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08:48 Techrights-sec2; cron does not seem to run at all for gemini
08:48 Techrights-sec2; scratch that, found the typo
08:48 Techrights-sec2; today there was no temporary outage
08:48 schestowitz-TR; latest I have been shifting between 2 tc modes, for times I need to give more b//w to
08:48 schestowitz-TR; the pi
08:48 schestowitz-TR; esp. if some cron jobs time out
08:48 schestowitz-TR; yesterday at end of night I had to run lots of things, mostly manually
08:51 Techrights-sec2; which things failed on the change of month?
08:51 Techrights-sec2; there are a lot of dependencies based on the presence of directories and
08:51 Techrights-sec2; files. Some will start working once there is a post in Gemini.
08:51 Techrights-sec2; running gemini-cron-updater.sh atm
08:54 schestowitz-TR; wait, there is a misunderstandinmg
08:54 schestowitz-TR; all the things I did manually had no automation at place at all
08:54 schestowitz-TR; they are on different servers, even deskto
08:54 schestowitz-TR; including some stuff like making monthly pages for viddeos
08:54 schestowitz-TR; on another note, I have jujst opened daily links
08:54 schestowitz-TR; I see a profound change, as there is no "line" for social control media
08:54 schestowitz-TR; but I think, hang on, maybe that's a gOOD tHING (tm)
08:54 schestowitz-TR; MAYBE i CAN STOP SOCIAL MEDIA "FASTING" EARLY
08:54 schestowitz-TR; caps not intentionnal ^^
08:54 schestowitz-TR; which makes for gradual phasing out
08:54 schestowitz-TR; yesterday I checked what it involved toi run a one-user diaspora instance
08:54 schestowitz-TR; it's a pain to maintain
08:54 schestowitz-TR; little value for effort
08:55 Techrights-sec2; ack
08:55 Techrights-sec2; ah ok
08:55 Techrights-sec2; Yes, it is Fat Tuesdsay today isn't it.
08:55 Techrights-sec2; yes, those kinds of services are a right PITA to operate, thus the economoy of
08:55 Techrights-sec2; scale. If anyone were serious about (re-)decentralization, they'd make it
08:55 Techrights-sec2; as easy as running OpenBSD's HTTPd or thereabouts.
08:57 schestowitz-TR; not sure if you saw it, but openbsd httpd was pointed out by the young ukranian (somehaxor) in IRC
08:57 schestowitz-TR; yesterday
08:57 schestowitz-TR; In any event, don't resend or change anything
08:57 schestowitz-TR; I want to see how I cope with different workflow
08:57 schestowitz-TR; maybe I will find some better way
08:57 Techrights-sec2; in which context?
08:57 Techrights-sec2; (looking at the archive now)
08:57 Techrights-sec2; ack
09:02 schestowitz-TR; I cannot recall the context in which openbd was mentioned, maybe the latest netcraft report
09:02 schestowitz-TR; Microsoft floudering again
09:02 schestowitz-TR; but, to me, twitter is not important
09:02 schestowitz-TR; if you saw twitter "analytics"
09:02 schestowitz-TR; you would understand
09:02 schestowitz-TR; I once did a video about it
09:02 schestowitz-TR; showing how over the past 5 years
09:02 schestowitz-TR; traffic was declining steadily
09:02 schestowitz-TR; no matter what gets posted
09:02 schestowitz-TR; it's not like all of a suddent this year oir next year
09:02 schestowitz-TR; it'll bounce back
09:02 schestowitz-TR; I saw that before in digg.com and other sites
09:02 schestowitz-TR; the writings are on the wall
09:02 schestowitz-TR; as for diaspora, with zero followers
09:02 schestowitz-TR; there would be tons of catching up to do
09:02 schestowitz-TR; I checked the hundreds of existing instances
09:02 schestowitz-TR; who knows where they will be in 5 years, let alone more
09:02 schestowitz-TR; that's what I entertained the idea of self-hosting it
09:02 schestowitz-TR; I tried on the techrights servers ages ago and run it
09:02 schestowitz-TR; those files are still there somewhere in homedir
09:02 schestowitz-TR; but the point is,
09:02 schestowitz-TR; for shity shiity shiotty "tweets" this is hardly
09:03 schestowitz-TR; worth the effort
09:03 schestowitz-TR; you then neer to aslso mmanage
09:03 schestowitz-TR; email notifications which means jumping through gulagsoft hooops
09:03 schestowitz-TR; cenrtifications, APIs with "services" and tokens and all
09:03 schestowitz-TR; this is tackling a real isssue
09:03 schestowitz-TR; a 2010 issue
09:03 schestowitz-TR; not a 2022 issue
09:03 schestowitz-TR; people are glued to "smart" phones now
09:03 schestowitz-TR; and they apparently use more gulagtube and netflix (drm) and
09:03 schestowitz-TR; tiktok no
09:03 schestowitz-TR; I don't keep up with these things
09:03 schestowitz-TR; but you could argue osysee if the new generation
09:03 schestowitz-TR; along with peertube
09:03 Techrights-sec2; every minute people spend glued to their smartphones is a minute not only that
09:03 Techrights-sec2; they won't get back but takes away from what would have been a wealth of skills
09:03 Techrights-sec2; and experiences, thus cutting into their futures. That goes 100x for youth.
09:04 schestowitz-TR; I mean, looki, I can justify doing all this a decade ago
09:04 schestowitz-TR; (to myself)
09:04 schestowitz-TR; because the situation was different back then
09:04 schestowitz-TR; like when corbyn ran for PM
09:04 schestowitz-TR; and my tweets got like 100-200k impressions a day
09:06 schestowitz-TR; for diaspora, ttl is 72 hours plus
09:06 schestowitz-TR; so stopping on my own a little early might be ok
09:06 schestowitz-TR; not much to be lost
09:06 schestowitz-TR; there is time to be gained
09:06 schestowitz-TR; like time collecting stuff from geminispacew
09:06 schestowitz-TR; and making our daily links more useful
09:06 Techrights-sec2; yes
09:06 Techrights-sec2; Speaking of links, how should the acquisitions be tuned?
09:06 Techrights-sec2; I presume there is no need to check Mastodon's Fediverse any more either?
09:08 schestowitz-TR; some "toots" can be 'addictive' because they are relevant
09:08 schestowitz-TR; but little effort was put intoo writing them
09:08 schestowitz-TR; so it is like that SMS mindset
09:08 schestowitz-TR; which dicourage proper understanding of stuff
09:09 schestowitz-TR; and does not reward the hard work
09:09 schestowitz-TR; iirc, dctorow just copy-pastes his long-form articles
09:09 schestowitz-TR; into mamut.fr or whatever
09:09 Techrights-sec2; yes, doctorow has a proper blog to track anyway
09:11 schestowitz-TR; doctorow wasted many years writing for tabloid trash
09:11 schestowitz-TR; which he now tells me he wants to distancxce himself from
09:11 schestowitz-TR; as they do things he does not agreee with
09:11 schestowitz-TR; book sales and eff help him make a living
09:11 schestowitz-TR; and he focuses on his own blog, iirc on his very own platform
09:11 schestowitz-TR; at long last
09:11 schestowitz-TR; in twitter I saw the other day that I had exceeded 950k tweets
09:11 Techrights-sec2; ack
09:11 schestowitz-TR; but those numbers do not matter and are not visible like they
09:11 schestowitz-TR; used to be
09:11 schestowitz-TR; you hgave to use some tricks to see them
09:11 schestowitz-TR; I can still occasionally use such accounts to highlight
09:11 schestowitz-TR; only important things
09:25 schestowitz-TR; links about 4 times faster than before
09:25 schestowitz-TR; one side advantage is, the chance of my account being banned from twitter with
09:25 schestowitz-TR; everything lost for good is a lot lower
09:25 schestowitz-TR; if I post almost nothing
09:25 schestowitz-TR; nide note
09:25 schestowitz-TR; relevant nevertheless
09:25 schestowitz-TR; twitter profits from the conflict
09:25 schestowitz-TR; why?
09:25 schestowitz-TR; because usually my twwets there get like 20-30 times fewers views than
09:25 schestowitz-TR; the ones that mention ukraine by name or as hashtag
09:25 schestowitz-TR; and you know
09:25 schestowitz-TR; how doomscrolling works
09:25 schestowitz-TR; and what sort of "End of world" BS
09:25 schestowitz-TR; would be favoured, promoted etc.
09:25 schestowitz-TR; esp. at times of despair
09:25 schestowitz-TR; not limited to fin ancial
09:25 schestowitz-TR; should i screenshoits this or do sa video to demonsterate the iossue?
09:25 schestowitz-TR; ok
09:25 Techrights-sec2; ack
09:25 Techrights-sec2; As mentioned before this conflict in Euruope is further normalizing the misuse
09:25 Techrights-sec2; of social control media by officials and agencies. They are misusing it
09:25 Techrights-sec2; in place of official channels of communication and the press is feeding on
09:25 Techrights-sec2; that and helping normalize it beyond what has previously happened.
09:25 Techrights-sec2; Now Zuckerberg and Dorsey are the bottleneck through which leaders of state
09:25 Techrights-sec2; must squeeze to reach the public.
09:25 Techrights-sec2; The press only hurts themselves by promoting social control media.
09:25 Techrights-sec2; ack
09:25 Techrights-sec2; yes
09:25 Techrights-sec2; interesting
09:26 Techrights-sec2; screenshot + article to document it
09:29 schestowitz-TR; I have begun drafting some stuff
09:29 schestowitz-TR; I see that TechDirt works after the migration, one "Daily" 'Deal' [sic]
09:29 schestowitz-TR; crept through
09:32 schestowitz-TR; wow, I am going through the links very fast
09:32 schestowitz-TR; I think somehow pressed crtl+s and paused it, ctrl+q fixed it I think
09:33 Techrights-sec2; I'll check to see about filtering the new 'Daily "deal"' stuff.
09:35 schestowitz-TR; k
09:35 schestowitz-TR; the links added at the bottom I'll dump into irc where I csn read the headlines
09:35 schestowitz-TR; I assume there are good reasons not to include these in daily links
09:35 schestowitz-TR; In due course I will reassess how to use social control media, if at all
09:35 schestowitz-TR; my grandpa saysd, you cannot change and explore other things if you never try thenm
09:35 schestowitz-TR; I think at the time he was referring to working from home
09:35 schestowitz-TR; which I did, then regretted I hadn't done that sooner
09:45 Techrights-sec2; Ok. Fixed the "Daily Deal" references.
09:48 schestowitz-TR; I am almost done witrh Daily Links :-)
09:48 schestowitz-TR; theory: the motivation to run a service is closely connected to its overall
09:48 schestowitz-TR; impact
09:48 schestowitz-TR; so the cutting off of some service, due to admin losing interest,
09:48 schestowitz-TR; might in fact signal the fad having passed
09:48 schestowitz-TR; and persisting in the old ways is insistance that times
09:48 schestowitz-TR; are not changing
09:48 schestowitz-TR; soon I'll get some coffeee and start recording, writing etc.
09:48 schestowitz-TR; much better use of time
09:48 Techrights-sec2; I hope so
09:48 Techrights-sec2; I think there has been a slight increase in people resuming real blogs.
09:49 schestowitz-TR; yes, some time last year I notiuced that even with zero "news" sites
09:49 schestowitz-TR; rianne and I could still post around 50 node in tuxmachines
09:49 schestowitz-TR; each day
09:49 Techrights-sec2; There was also a fairly successful campaing about 100 posts in 100 days
09:49 Techrights-sec2; to encourage people to write even short blog entries for 100 days in a row.
09:49 Techrights-sec2; That seems to have inspired many both directly and indirectly.
09:52 schestowitz-TR; it is all about habits and momentum
09:52 schestowitz-TR; doctorw said about a decade ago something to that beffect
09:52 schestowitz-TR; it's like crushing your teeth
09:52 schestowitz-TR; you just do uit because you do it, and did it every day
09:52 schestowitz-TR; writing can be the same
09:52 schestowitz-TR; social media addiction is the negativce "evil brother" of
09:52 schestowitz-TR; this mental thing, which also applies to prayer
09:52 schestowitz-TR; (rianne and I stopped going to church)
09:59 Techrights-sec2; I think that 100 posts in 100 days campaign was a positive thing.
09:59 Techrights-sec2; I guess it depends on the character of the church, they do vary quite a bit.
09:59 Techrights-sec2; In some countries there are no qualifications or educational prerequisites,
09:59 Techrights-sec2; not even a degree in theology nor skill in ancient greek or hebrew needed
09:59 Techrights-sec2; just a loud mouth. That's an unfortunate situation.
09:59 Techrights-sec2; "''
09:59 Techrights-sec2; Could not open 'http://techrights.org/2022/02/28/hplip-3-22-2/' : 500 Server closed connection without sending any data
09:59 -TechrightsBN/#boycottnovell-techrights.org | Links 28/2/2022: Glimpse at LMDE 5 Beta and Release of HPLIP 3.22.2 | Techrights
09:59 Techrights-sec2; back
09:59 Techrights-sec2; """
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10:22 schestowitz-TR; I haev just changed tc to a more permissive mode
10:22 schestowitz-TR; links done,
10:22 schestowitz-TR; it's only 10am :;)
10:22 schestowitz-TR; [totally not serious]\ I could use ukraine and twitter profiting
10:22 schestowitz-TR; from escalatingf it and the drama
10:22 schestowitz-TR; as an excusew for saying I quit twitter
10:22 Techrights-sec2; """
10:22 Techrights-sec2; excellent
10:22 Techrights-sec2; There would be a grain of truth in it though.
10:22 schestowitz-TR; but I'm just joking
10:22 schestowitz-TR; it would be a lie
10:22 schestowitz-TR; in theory we could for a coalition of some twitter users
10:22 schestowitz-TR; deploring this
10:23 schestowitz-TR; i have begun draftinmg something more cleverly worded to that effect
10:23 schestowitz-TR; about the SORT of platform that I am contributing to
10:23 schestowitz-TR; and what the end users also contribute towards
10:23 schestowitz-TR; collectovely
10:23 schestowitz; draft notes:
10:23 schestowitz; Twitter Profits From Conflict
10:24 schestowitz; This is not the sign of a healthy platform
10:24 schestowitz; profiting from drama and escalation
10:24 schestowitz; don't want to participate in such a thing
10:24 schestowitz; it was never intended by me and this is not the platform I created an account in back in 2009 (to merely absorb copies of what I had posted to identi.ca already)
10:24 schestowitz; that's just what Twitter is and how it works
10:27 schestowitz; can you add https://hackaday.com/feed/ to daily links? first paragraph there is usually OK, they post a lot and their integrity has been quite good (no shit and spam)
10:28 Techrights-sec2; ack
10:28 Techrights-sec2; perhaps there is an old post backing that position
10:28 Techrights-sec2; adding
10:28 schestowitz-TR; I think it would be just as important
10:28 schestowitz-TR; to give people reasons
10:28 schestowitz-TR; to wean themselves off social control media
10:28 schestowitz-TR; maybe blog more instead
10:29 schestowitz-TR; as important as telling them to try gemini for better s/nn ratio among other benefits
10:34 Techrights-sec2; added, it's show up in tomorrow's automated links
10:34 Techrights-sec2; Yes, but when promoting gemini it is always important (for the time being) to also
10:34 Techrights-sec2; link to how to get ahold of the clients.
10:36 schestowitz-TR; at some point I want to do a video about gmnini hosting from
10:36 schestowitz-TR; scratch, e.g. by makign a cpasule about animals for rianne
10:36 schestowitz-TR; the problem is, this requires a lot of planning and can still go
10:36 schestowitz-TR; wrongf
10:36 schestowitz-TR; e.g. wrong command entered
10:36 schestowitz-TR; so without some editing howtos are hard
10:36 schestowitz-TR; including how to open ports on the router
10:36 Techrights-sec2; yes, editing will be more or less unavoidable
10:37 schestowitz-TR; eithger editing or training./auditioning
10:37 schestowitz-TR; for a live demo
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12:05 Techrights-sec2; lol
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15:34 Techrights-sec2; restarting http
15:51 schestowitz; http://patentblog.kluweriplaw.com/2022/02/23/industrial-action-at-the-epo-to-demand-restoration-of-fundamental-rights/#comments
15:51 -TechrightsBN/#boycottnovell-patentblog.kluweriplaw.com | Industrial action at the EPO to demand restoration of fundamental rights - Kluwer Patent Blog
15:51 schestowitz; "
15:51 schestowitz; A. Nonymous
15:51 schestowitz; FEBRUARY 23, 2022 AT 5:09 PM
15:51 schestowitz; all examiners are called upon to apply the provisions of the EPC, the case law of the Boards of Appeal and the internal rules for patent examination, especially for grants, with particular care
15:51 schestowitz; Isnt that what the public expects from the EPO?
15:51 schestowitz; A.Non.Ymous
15:51 schestowitz; FEBRUARY 24, 2022 AT 12:07 AM
15:51 schestowitz; Well, according to Management, Quality is Quantity.
15:51 schestowitz; Attentive Observer
15:51 schestowitz; FEBRUARY 23, 2022 AT 11:14 PM
15:51 schestowitz; It is amazing that the tenant of the 10th floor has not yet attempted to restaure the preceding situation.
15:51 schestowitz; The EPO is held hostage by a clique of people who behave like the worth employers of the 19th century.
15:51 schestowitz; The tenant want to extend his contract!
15:51 schestowitz; He was called in to restaure social peace but has not done one thing in this respect!
15:51 schestowitz; A shame on the AC!
15:51 schestowitz; LightBlue
15:51 schestowitz; FEBRUARY 24, 2022 AT 10:50 AM
15:51 schestowitz; The last AC decided to bring the strike regulations into compliance with the ILOAT judgements. Does the SUEPO overlook this?
15:51 schestowitz; Concerned observer
15:51 schestowitz; FEBRUARY 24, 2022 AT 6:27 PM
15:51 schestowitz; Are you referring to the following in the report on the latest AC meeting?
15:51 schestowitz; Regulations on strike and unauthorised absence: the Council unanimously approved the proposed amendments to the Service Regulation as a result of the respective ILOAT judgements rendered in July 2021.
15:51 schestowitz; If so, and despite the incorrect reference to July 2021 (as ILO-ATs 132nd session ended in JUNE 2021), may I point out that the proposed amendments cannot possibly deal with Judgment No. 4482, which was delivered on 27 January 2022.
15:51 schestowitz; Clerk of Court
15:51 schestowitz; FEBRUARY 25, 2022 AT 10:53 AM
15:51 schestowitz; Re the incorrect reference to July 2021:
15:51 schestowitz; The ILOAT Judgments on the Strike Regulations may have been adopted by the Tribunal in June but their date of public delivery which is the date borne by the judgment was 7 July 2021.
15:51 schestowitz; http://www.ilo.org/dyn/triblex/triblexmain.detail?p_judgment_no=4430
15:51 -TechrightsBN/#boycottnovell-www.ilo.org | Judgment No. 4430 (Extracts)
15:51 schestowitz; one of those....
15:51 schestowitz; FEBRUARY 27, 2022 AT 7:33 AM
15:51 schestowitz; the Pres. of the int. Organisation is informed of the outcome immediately. The complainant and the public only on public delivery.
15:51 schestowitz; Hence the Pres. of the EPO knew what was coming, and did nothing until after the public delivery.
15:51 schestowitz; The Smurf
15:51 schestowitz; FEBRUARY 27, 2022 AT 7:36 PM
15:51 schestowitz; Well, he offered another round of foreseeable fruitless negotiations to Suepo about the strike regulations once he had learned that the Tribunal would decide on them. Suepo declined.
15:52 schestowitz; http://patentblog.kluweriplaw.com/2022/02/23/administrative-committee-unified-patent-court-inaugurated/#comments
15:52 -TechrightsBN/#boycottnovell-patentblog.kluweriplaw.com | Administrative Committee Unified Patent Court inaugurated - Kluwer Patent Blog
15:52 schestowitz; "
15:52 schestowitz; It will be interesting to see who will chair the AC? I think the former tenant of the 10th floor in Munich might be too old. I take bets that he would like an honorary chairmanship and why not a BB passage like it exists a Kurt Haertel Passage in Munich!
15:52 schestowitz; Patent robot
15:52 schestowitz; FEBRUARY 24, 2022 AT 8:58 AM
15:52 schestowitz; Is all this legal?
15:52 schestowitz; Concerned observer
15:52 schestowitz; FEBRUARY 24, 2022 AT 11:37 AM
15:52 schestowitz; A good question to which I predict there will never be a satisfactory answer. This is because I have no doubt that the governments of the Participating Member States will exert their influence to ensure that the question falls between one of the numerous cracks between the different (national, international and EU) legal systems that govern the UPC.
15:52 schestowitz; Attentive Observer
15:53 schestowitz; FEBRUARY 25, 2022 AT 12:01 AM
15:53 schestowitz; I am not too sure that there are so many cracks.
15:53 schestowitz; What if a national jurisdiction refuses the exequatur of decision taken in Paris and/or Munich in IPC files in classes A and C?
15:53 schestowitz; National jurisdictions regularly refer prejudicial questions to the CJEU about SPC. It would be surprising if the UPC would not need to do the same.
15:53 schestowitz; In all courts of member states, there is a double degree of jurisdiction, with a revision instance above.
15:53 schestowitz; This is not the case for the UPC of for the BA of the EPO.
15:53 schestowitz; Just compare trademarks: EUIPO, its internal BA and eventually Luxembourg.
15:53 schestowitz; What seems to have been necessary for a EU TM system should not be valid for a EU Patent?
15:53 schestowitz; You must be joking.
15:53 schestowitz; Concerned observer
15:53 schestowitz; FEBRUARY 25, 2022 AT 10:50 AM
15:53 schestowitz; Attentive, I agree that IN THEORY there should not be quite so many cracks. However, we are talking here about practice.
15:53 schestowitz; To illustrate, consider that ALL of the EPC Member States are party to the ECHR, and the majority are EU Member States. Nevertheless, they have presided over the imposition of measures that deprive EPO staff of human rights that are enshrined in both EU law and the ECHR. And, thanks in large part to a highly political decision of the Dutch Supreme Court, they have escaped accountability for doing so.
15:53 schestowitz; I do not yet know how, but I am pretty sure that similar tricks to escape accountability will be employed in connection with the UPC. The politicians simply have too much invested in the UPC project for the outcome to be otherwise.
15:53 schestowitz; Of course, I could be mistaken. For example, it would be quite something if the CJEU were to rule that it could not consider preliminary references from the UPC, on the grounds that the UPC is not a court common to the EU Member States. However, are we sure that the UPC will risk this outcome? Might the UPCs judges instead refuse to submit preliminary references to the CJEU, even when they ought to be obliged to seek an opinion from the CJEU
15:53 schestowitz; on a point of EU law? What could any litigant do in that situation to ensure that their rights under EU law are respected? Would this then come back to a situation where what actually happens is a far cry from what the law says SHOULD happen?
15:53 schestowitz; Attentive Observer
15:53 schestowitz; FEBRUARY 24, 2022 AT 6:08 PM
15:53 schestowitz; As long as those wanting the UPC declare it is legal, it will be legal.
15:53 schestowitz; Reasonable doubts are however permitted that the UPC is in conformity with EU law.
15:53 schestowitz; It seems to need more than a reference to the supremacy of EU law to insure that it is actually the case!
15:53 schestowitz; It is amazing to see how the supporters of the UPC superbly ignore the open issues which exist.
15:53 schestowitz; In certain circles, auto-suggestion seems to be a favourite topic.
15:53 schestowitz; It reminds of a proprietor repeating that claim 1 is novel in the hope that the self-professy suddenly becomes true!
15:53 schestowitz; Patent robot
15:53 schestowitz; FEBRUARY 25, 2022 AT 9:25 AM
15:53 schestowitz; I was actually thinking about this sentence of the UPC website (28 October 2021):
15:53 schestowitz; The Chairman presented a draft Declaration on the authentic interpretation of Art. 3 of the PAP-Protocol, following the United Kingdoms withdrawal from the Unitary Patent System. In line with public international law, this Declaration will confirm the entry into force of the PAP-Protocol, once the required 13 Member States become bound by said Protocol, recognizing that Art. 3 of the PAP-Protocol is to be interpreted as mirroring Art. 89
15:53 schestowitz; of the UPCA. The delegations supported the approach proposed by the Chairman, hence giving him the mandate to organize a signing ceremony of the Declaration, foreseen in the margins of a future COREPER meeting.
15:53 schestowitz; Has the Declaration been signed? If not, how could the PAP-Protocol have entered into force?
15:53 schestowitz; zoobab
15:53 schestowitz; FEBRUARY 25, 2022 AT 12:05 PM
15:53 schestowitz; There is new jurisprudence in PL Holdings of the CJEU regarding international courts that have to interpret EU law:
15:53 schestowitz; https://ffii.org/pl-holdings-european-court-of-justice-confirms-eu-law-cannot-be-outsourced-to-international-courts-like-unified-patent-court/
15:53 schestowitz; The opinion of the AG in PL Holdings was already mentioned in the Jaeger paper.
15:53 -TechrightsBN/#boycottnovell-ffii.org | PL Holdings: European Court of Justice confirms EU law cannot be outsourced to international courts like Unified Patent Court | FFII
15:53 schestowitz; Supporters of the UPC claims the court is part of the judicial system of the European Union, but a common court ***has to*** talk to National Courts to be considered part of the system.
15:53 schestowitz; "
15:53 schestowitz; http://patentblog.kluweriplaw.com/2022/02/22/how-to-save-e-67650-in-desparate-appeal-proceedings/#comments
15:53 -TechrightsBN/#boycottnovell-patentblog.kluweriplaw.com | How to save 676,50 in Desparate Appeal Proceedings? - Kluwer Patent Blog
15:54 schestowitz; "
15:54 schestowitz; And also this year the Oscar for the most complex patent office in the world goes tothe EPO!
15:54 schestowitz; LightBlue
15:54 schestowitz; FEBRUARY 22, 2022 AT 3:06 PM
15:54 schestowitz; I think the board would probably agree that 75% of the fee should be refunded but they are bound by the wording of Rule 103. Maybe a change to the rule is called for to allow the 75% refund also if the appeal is withdrawn before the issuance of the communication referred to in (2).
15:54 schestowitz; Bring about
15:54 schestowitz; FEBRUARY 22, 2022 AT 5:08 PM
15:54 schestowitz; For some reason I have the impression that getting the AC to agree to such a change facilitating reimbursements for the applicant would be more difficult than, say, for any other brilliant measure proposed by the management of the EPO. Just a hunch
15:54 schestowitz; DxThomas
15:54 schestowitz; FEBRUARY 22, 2022 AT 8:03 PM
15:54 schestowitz; T 853/16 might look legalistic but is flawless.
15:54 schestowitz; As I have said on LinkedIn, it seems to be the result of a feud between legal members.
15:54 schestowitz; In its large wisdom, and its even larger ego, the drafter of R 103 did not think it fit to ask his colleagues for an opinion.
15:54 schestowitz; Lets hope that R 103 is amended asap!
15:54 schestowitz; Anything else would be unreasonable.
15:54 schestowitz; It is the discretion of a BA not to refer a question to the EBA, but here there was a good reason to do so.
15:54 schestowitz; Parties to EPO procedures should not be the victim of such quibbles.
15:54 schestowitz; But a dynamic interpretation could lead to the conclusion that R 103 does not have to be amended..
15:54 schestowitz; Extraneous Attorney
15:54 schestowitz; FEBRUARY 23, 2022 AT 7:36 PM
15:54 schestowitz; The outcome might seem strange or even absurd, but the Board has to be commended for applying the rule as written, not as it thought it should be written. If the legislator (in the present case, the AC) wishes to overturn the outcome, he simply has to change the wording of the rule.
15:54 schestowitz; "
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18:07 schestowitz-TR; theoretic topoly anyway
18:07 schestowitz-TR; draft
18:07 schestowitz-TR; draft
18:07 schestowitz-TR; in short: so far I like doing less social conrtrol media
18:07 schestowitz-TR; it buys me more time
18:09 Techrights-sec2; nice
18:12 Techrights-sec2; more time for investivative work too
18:13 schestowitz-TR; you can see in my video about twitter that the number of impression
18:13 schestowitz-TR; sucks these days
18:13 schestowitz-TR; it used to be an average of 200 on the fiurst day
18:13 schestowitz-TR; average
18:13 schestowitz-TR; now it's a lot less
18:13 schestowitz-TR; maybe 40
18:13 schestowitz-TR; I think two factors contribute to this
18:13 schestowitz-TR; 1) fewer active users
18:13 schestowitz-TR; 2) algo impoiosing on people wo to read
18:13 schestowitz-TR; no mattter what they follow
18:13 schestowitz-TR; I heard gulgatube does a lot of (2)
18:20 schestowitz-TR; of note:
18:20 schestowitz-TR; (back with coffe, will record another when rianne gets back)
18:21 schestowitz-TR; spamnil took a 6-day hiatus
18:21 schestowitz-TR; and kluwer patern blog publisher nothing in a week
18:21 schestowitz-TR; to me, the silence or inactivity of opponents oif our agenda is what we want
18:21 schestowitz-TR; you do not neede to 'compete' or debate with those
18:21 schestowitz-TR; who are absent
18:21 Techrights-sec2; were they off at the same meeting?
18:21 Techrights-sec2; "the silence or inactivity of opponents "
18:21 Techrights-sec2; ... were the away attending the same meeting?
18:22 schestowitz-TR; who was off?
18:22 schestowitz-TR; I mean, the idea of silence due to some silent 'cabal' coorerdinating something
18:22 schestowitz-TR; isn't what would take so long
18:23 Techrights-sec2; The microsofters used to go quiet once a year for a whole week and then
18:23 Techrights-sec2; the "articles" in the compromised trade press would change talking points
18:23 Techrights-sec2; upon their return, in a coordinated fashion.
18:24 schestowitz-TR; ok, let me put it like this:
18:24 schestowitz-TR; 1) ibm withdrew from some old tactics
18:24 schestowitz-TR; inc. but not limited to "war on words"
18:24 schestowitz-TR; maybe they realised it had backfired too badly
18:24 schestowitz-TR; pseudo-ethics dop not work when people call out the MFers
18:24 schestowitz-TR; who try to warp the spiel
18:25 Techrights-sec2; ack
18:26 schestowitz-TR; i think iut is safe to say that "Linux is unsafe" BS
18:26 schestowitz-TR; (new press release to that effect)
18:27 schestowitz-TR; is blame shifting and focus-shifting ntactis
18:27 schestowitz-TR; vmware is one of several
18:27 schestowitz-TR; you can see them yourself all over gulag noise
18:27 schestowitz-TR; usually I put them under security and/or fud sectionb
18:27 schestowitz-TR; just to keep stock for potential later use
18:27 schestowitz-TR; rianne should be back with anotrher covid test kit soon
18:27 schestowitz-TR; we won't use them, we just keep them in case we feel something
18:27 schestowitz-TR; it's getting hard to avoid it
18:27 schestowitz-TR; half my family got it
18:30 Techrights-sec2; yes, it is intended to distract from the problems M$ creates in the world
18:30 Techrights-sec2; stay healthy
18:30 Techrights-sec2; hopefully different types of vaccines will be allowed and that /those/ unlike
18:30 Techrights-sec2; the current batch will be effective in reducing the spread
18:32 schestowitz-TR; in my family the recurring theme is muscle pain and back pain
18:32 schestowitz-TR; seems that the vacccines weaken the immune system in general
18:32 schestowitz-TR; rianne juist got back
18:32 schestowitz-TR; she did get one more test kit
18:32 schestowitz-TR; but she is frustrated that it's hard to find discounted food
18:32 schestowitz-TR; I tell her, maybe we have a lot more competition now
18:32 schestowitz-TR; its's hard to know
18:32 schestowitz-TR; people pick those things up quietly
18:32 Techrights-sec2; the discounts have competition everywhere and some places barely reduce
18:32 Techrights-sec2; the price before tossing the food
18:32 Techrights-sec2; they also lock the dumpsters
18:32 Techrights-sec2; these days
18:34 schestowitz-TR; the aliens watching from up above LOL
18:34 schestowitz-TR; "stupid humans"
18:34 schestowitz-TR; they lock up other human
18:34 schestowitz-TR; and perfectly edible food
18:34 schestowitz-TR; OTA
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20:32 schestowitz-TR; OTA
20:32 schestowitz-TR; two mdrafts now
20:32 Techrights-sec2; ack
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