●● IRC: #boycottnovell @ FreeNode: Saturday, May 15, 2021 ●●
● May 15
[00:53] schestowitz__ https://twitter.com/SqueriDoris/status/1393273573561667588
[00:53] -TechrightsBN/#boycottnovell-@SqueriDoris: @schestowitz They already have.
[00:53] schestowitz__ https://twitter.com/SoulHomeStudio/status/1393253533617696783
[00:53] -TechrightsBN/#boycottnovell-@SoulHomeStudio: @schestowitz Talk about stretching for an analogy!
● May 15
[02:24] schestowitz__ http://patentblog.kluweriplaw.com/2021/05/11/a-few-more-thoughts-on-normality/
[02:24] -TechrightsBN/#boycottnovell-patentblog.kluweriplaw.com | A Few More Thoughts on Normality - Kluwer Patent Blog
[02:24] schestowitz__ "
[02:24] schestowitz__ MAY 11, 2021 AT 4:20 PM
[02:24] schestowitz__ Thanks Thorsten for once again putting the finger where it hurts.
[02:24] schestowitz__ OP by ViCo are not under dispute as such. What is not acceptable is that they are summoned without the consent of the parties and that it should stay like this after the pandemic. And that in fine the BA are de-localised contrary to what was said in G 2/19, cf. the last before the order.
[02:24] schestowitz__ The whole attitude of the chair of the BA in G 1/21 is unnecessarily provocative.
[02:24] schestowitz__ For a start, Art 15a has been introduced and came into force in order to give a legal basis to a practice which was manifestly lacking one. See Point 20 of the document BOAC/16/20 presented by the chair of the BA: Article 15a RPBA clarifies the practice of the Boards of Appeal since May 2020 of conducting oral proceedings by videoconference. Therefore, the Boards of Appeal may adapt their practice before the date of entry into
[02:24] schestowitz__ force.
[02:24] schestowitz__ Then by rushing the OP on case G 1/21 by barely respecting the two months notice and summoning to OP by ViCo without the consent of the parties, all in the absence of a corresponding legal basis in the RPEBA, the chair of the BA showed again its disdain for legal mechanisms he should the first be in charge of requiring their respect.
[02:24] schestowitz__ One aspect at stake here is the concept of party disposition, and it is highly surprising that a former national judge has simply thrown this concept over board. For the chair of a board it is a bit much! Sorry for the pun.
[02:24] schestowitz__ One wonders why the chair of the BA behaves as he does. By behaving as he does chair of the BA gives full support to the adventures the present president of the EPO wants to introduce at the EPO.
[02:24] schestowitz__ The present president of the EPO wants to impose OP by ViCo and de-localise the staff to wherever they want to be, so that he can save on salaries and buildings. He actually wants an EPO 2.0.
[02:24] schestowitz__ Deciding bodies of the EPO, be it divisions or the BA can be scattered all around the contracting states and even further away. Without the active support of the BA he is well aware that those ideas cannot be implemented as they are not possible under the EPC as it stands. One can turn the EPC around, but neither Art 6 or 7, Art 10(2,a) which goes on a par with Art 10(2,b) nor Art 116 support the fantasy of the present president
[02:24] schestowitz__ of the EPO helped by some members of the BA.
[02:24] schestowitz__ It is only possible if the EBA delivers him a dynamic interpretation of the EPC as it was the case in G 3/19 He will then be the king of Eponia like his predecessor.
[02:24] schestowitz__ Being re-appointed after 5 years needs to show a given performance. The criteria for re-appointment are not known, but I suspect that an excellent flexibility of the spine is an asset. It is tragic to see that the management of the BA follows the same line with 5 years contracts for examiners.
[02:24] schestowitz__ It was actually the fact that members of the BA were only appointed for 5 years which led to the application of the same rule first to principal directors, than to directors and now to newly recruited examiners. When the rule was introduced for PDs, no member of the BA had never been re-appointed. This was not to the liking of Napoleon 4th which pushed the BA to adopt R 12a-d.
[02:24] schestowitz__ As far as Mr Michel and Mr Minnoye are concerned, I personally think that they have missed an opportunity to keep quiet. I think that someone else, I dare say someone more competent, held the hands of the two VPs.
[02:24] schestowitz__ I do not say that BEST is bad, but it was introduced to cover up the pharaonic IT expenses of Mr Michel. The statistics that were supposed to show to the AC the production gain achievable with BEST were, lets say, improved, because the raw data were far from the huge gains announced. The examiners had to pay the bill, because they had to show, willingly or not, that the hypothetical gains announced to the AC were achieved. And
[02:25] schestowitz__ there Willy Minnoye was in the game, first as IT manager (PD) and then later as VP.
[02:25] schestowitz__ Mr Minnoye now claims that the law should be respected, but at the height of the dispute between staff and management, when a Dutch court ruled that staff rights had to be respected, he claimed publicly on Dutch TV that the EPO will never abide by such a decision. EPO enjoys immunity (but not impunity). Thanks for him, a higher Dutch court ruled that everything is honky dory at the EPO.
[02:25] schestowitz__ Both have a lot to apologise for, but the document also shows that ingrained hatreds can lead people to take positions that are surprising, to say the least. Strictly speaking, however, they are on the right side.
[02:25] schestowitz__ What the current President wants is an EPO 2.0, but without wanting to use the necessary means. If he wants an EPO 2.0, why not, but then there are mechanisms to be followed.
[02:25] schestowitz__ To start with, is to convene a conference of ministers of the Contracting States responsible for patent matters, cf. Art 4a. This conference could be the beginning of a further revision of the EPC. After the Diplomatic Conference of 2000 there was a second basket to be looked at. It also concerned substantive patent law.
[02:25] schestowitz__ If at the end of the revision, the national parliaments ratify the amended EPC and create an EPO 2.0 according to the wishes of a president, which is actually just passing by, then the correct mechanisms will have been applied.
[02:25] schestowitz__ What is not acceptable is the underhand creation of an EPO 2.0 with the help of the BA.
[02:25] schestowitz__ REPLY
[02:25] schestowitz__ One of those...
[02:25] schestowitz__ MAY 13, 2021 AT 9:57 AM
[02:25] schestowitz__ I wonder what if pending complaints before the German BVerG will point to this case.
[02:25] schestowitz__ They already complain about a lack of independency, and this case shows that all the reforms of DG3 were never about independency of the courts and judges, but really only about perception thereof.
[02:25] schestowitz__ REPLY
[02:25] schestowitz__ MaxDrei
[02:25] schestowitz__ MAY 12, 2021 AT 11:27 AM
[02:25] schestowitz__ Thanks, Thorsten, for pulling the threads together. Im asking myself, how can anybody who considers themselves to be a lawyer, an officer of the court and a guardian of the precious Rule of Law acquiesce in this shameful trashing and betrayal of what we all thought were fundamentals of the signature separation of powers which distinguishes a democracy from an autocracy or totalitarian State. I guess that for them
[02:25] schestowitz__ there is no worry about any of this being the thin end of the wedge because business at the EPO is qualitatively different from justice at a court of law (and so remains untouched by any pious whingeing about a breakdown in the Rule of Law).
[02:25] schestowitz__ The USPTO just issued its eleven millionth patent, its eleven millionth restraint of trade. Business at the EPO is confined to deciding whether to allow or cancel just another such restraint of trade, one of millions of the things. Many would see that as a mere administrative act, as opposed to anything to do with justice, the Rule of Law or the vital separation of powers. If one European patent or application goes
[02:25] schestowitz__ down after a TBA ViCo, which might have survived had the patent owner been given in full their right to be heard, then so what? We are not talking here of any denial of universal human rights, are we?
[02:25] schestowitz__ If its perpetrators do not see it as the thin end of the wedge, perhaps that it is because their mission, of which this is a part, is to strip the EPO of any judicial function whatsoever. We European patent attorneys care about that, but does anybody else?
[02:25] schestowitz__ It matters, what lead the USA gives. That has suddenly changed. Until this year, the USA was hell-bent on trashing anything supra-national and multi-lateral, imposing in its place exclusively bilateral understandings. But under the lead of its new President, the USA has changed its lead, and that makes a big difference. Those here in Europe still seeking to blow away the EPOs supra-national judicial function might indeed be
[02:25] schestowitz__ yesterdays men, but unfortunately they continue to sit in positions of power where they can continue to do great damage.
[02:25] schestowitz__ REPLY
[02:25] schestowitz__ Concerned observer
[02:25] schestowitz__ MAY 12, 2021 AT 1:19 PM
[02:25] schestowitz__ With just over two weeks to go before the oral proceedings in G 1/21, it is somewhat surprising to note the complete absence in the public record of any indications that the EBA has, or will soon be, initiating proceedings under Art 24(4) EPC.
[02:25] schestowitz__ Indeed, this is quite astounding for a number of reasons.
[02:25] schestowitz__ Firstly, a party to the proceedings has (more than two weeks ago) raised formal objections under Art 24(3) EPC. This means that, under Art 24(4) EPC, the EBA has no option but to take a decision on the objections without the participation of the members concerned. Such an important decision cannot be taken lightly, or without seeking comments from the members concerned. Sorting all of this out takes time which, if oral
[02:25] schestowitz__ proceedings are to go ahead as planned, is now running very short.
[02:25] schestowitz__ Secondly, it is difficult (though sadly not impossible) to conceive that the EBA will concoct a reason to dismiss the objections against its current Chairman. Thus, a change in the composition of the EBA is likely and needs to be announced to the parties in advance of the oral proceedings.
[02:25] schestowitz__ Thirdly, objections to members of the EBA were first formally raised in an amicus filed (by epi) precisely a month ago today. The EBA has therefore had plenty of time to consider how it should go about dealing with the points raised in that amicus brief.
[02:25] schestowitz__ Lastly, it is possible that wheels are in motion behind the scenes, and that a decision on objections to certain members will issue very soon. However, if the first that the public learns of the EBAs deliberation on the objections is their final decision, then, unless the slate is wiped clean (i.e. if all decisions taken by the current Chair are rescinded and proceedings in G 1/21 are re-started with a new composition of the
[02:25] schestowitz__ EBA determined by a new Chair), this would hardly be the kind of transparency that would help to ensure that justice is seen to be done especially when there are so many objectively well-founded reasons to doubt the independence and impartiality of the EBA in its current composition.
[02:25] schestowitz__ REPLY
[02:25] schestowitz__ LightBlue
[02:25] schestowitz__ MAY 13, 2021 AT 8:58 AM
[02:25] schestowitz__ If any members of the EBA are going to consider the objection of partiality, I would expect that the external members would be the most likely candidates to do so. The question then arises as to what information is being disseminated to them. Are the formalities officers being kept on a short leash and only forwarding submissions which do not raise this issue?
[02:25] schestowitz__ "
● May 15
[03:55] schestowitz__ https://stallmansupport.org/debunking-false-accusations-against-richard-stallman.html#running-jokes
[03:55] -TechrightsBN/#boycottnovell-stallmansupport.org | In Support of Richard Stallman - Debunking False Accusation Against Richard Stallman
[03:55] schestowitz__ "
[03:55] schestowitz__ I recall being told early in my freshman year If RMS hits on you, just say Im a vi user even if its not true.
[03:55] schestowitz__ That sounds much as part of a series of running jokes at MIT to mock Stallman for his unpopularity among women. Such jocular remarks included things like:
[03:55] schestowitz__ Tell him you are a vi user.
[03:55] schestowitz__ Put plants in your office to keep him away (it's known that RMS doesn't like plants around him.)
[03:55] schestowitz__ Don't ride in the elevator with him.
[03:55] schestowitz__ And probably others that we don't know. Stallman was unpopular not because he was some sort of a monster harassing women, but because he was seen as unattractive, clueless, and bizarre.
[03:55] schestowitz__ Update April 11, 2021: A reader who wishes to remain anonymous tells us that he saw back in the days at MIT how peopleboth women and menwould avoid Stallman because they were annoyed by his constant preaching about free software.
[03:55] schestowitz__ We came across an example of this. A woman tweeted that Stallman gave her a stuffed animal while riding the elevator with him (it was probably a gnu, to tell her about GNU and free software.) But it sounds like she did not appreciate the gift. Here's the tweet[5]:
[03:55] schestowitz__ A photo of Renata Avila
[03:55] schestowitz__ That was posted on September 13, 2019, three days before Stallman's resignation. In those days, people were spreading misinformation and desperately trying to find evidence of his alleged misbehavior. Did the woman who received the unwanted gift hope her testimony would count as evidence? The intention is not clear, but her tweet was a reply to someone who was accusing Stallman of defending rape while backing the claim
[03:55] schestowitz__ with a picture of the sign on the door.
[03:55] schestowitz__ The tweet does sound somewhat scornful, and it seems it was meant to add something against Stallman. But at least the poster was honest enough not to equate the incident with sexual harassment, which would have been easy in the absence of witnesses inside the elevator. #running-jokes
[03:55] schestowitz__ "
● May 15
[04:33] Techrights-sec https://nitter.cc/fcassia/status/1393407134310797313#m
[04:33] -TechrightsBN/#boycottnovell-nitter.cc | Fernando Cassia (@fcassia): "Gmail Labs' "save (GMail) thread to Google docs" was superb, yet it was killed overnight. Must have been someones' promotion package. https://mtlynch.io/why-i-quit-google/" | nitter
[04:33] Techrights-sec https://nitter.cc/fcassia/status/1393397841259794432#m
[04:33] -TechrightsBN/#boycottnovell-nitter.cc | Fernando Cassia (@fcassia): "Tambin explica esa lgica interna aberraciones cmo el #NewCompose de #GMail. O por que tantos features (GMail labs) desaparecen de un da para otro sin explicacion convincente." | nitter
● May 15
[08:53] Techrights-sec https://nitter.cc/marcan42/status/1393460811847278593#m
[08:53] -TechrightsBN/#boycottnovell-nitter.cc | Hector Martin (@marcan42): "I don't know what's going on with freenode, but whatever is going on is... definitely not healthy. https://news.ycombinator.com/item?id=27153338 http://techrights.org/2021/05/14/how-freenode-works/" | nitter
● May 15
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● May 15
[10:28] Techrights-sec https://nitter.cc/DaveAirlie/status/1393494822137204737#m
[10:28] -TechrightsBN/#boycottnovell-nitter.cc | David Airlie (@DaveAirlie): "It's a techrights article, so take it with a lake of salt" | nitter
[10:29] Techrights-sec https://nitter.cc/marcan42/status/1393461819138744320#m
[10:29] -TechrightsBN/#boycottnovell-nitter.cc | Hector Martin (@marcan42): "But really, even just the *tone* of that chat... I'm not sure I want these people running the major FOSS-adjacent IRC network. :/" | nitter
[10:29] Techrights-sec https://nitter.cc/ariadneconill/status/1393462637103620098#m
[10:29] -TechrightsBN/#boycottnovell-nitter.cc | Ariadne Conill (@ariadneconill): "oh, the point i was making with that mention is that these people are having a [whatever this is] when the real point all of this is about is FOSS. or in other words, freenode as the network of FOSS, is bigger than one person." | nitter
[10:30] Techrights-sec https://nitter.cc/marcan42/status/1393463601206226944#m
[10:30] -TechrightsBN/#boycottnovell-nitter.cc | Hector Martin (@marcan42): "Aaand I just made the connection between your IRC nickname and your Twitter account. But yes, I agree. Freenode should be run with open governance, while right now it just looks like a giant dick-waving contest." | nitter
[10:31] Techrights-sec https://nitter.cc/ariadneconill/status/1393467822509072386#m
[10:31] -TechrightsBN/#boycottnovell-nitter.cc | Ariadne Conill (@ariadneconill): "at any rate, i felt it quite alarming that the answer to asking legitimate questions of freenode's domain owner was offers of financial donations to alpine and IRCop privileges. to me that seems like there are no real answers to the questions i asked." | nitter
[10:31] Techrights-sec https://nitter.cc/marcan42/status/1393468542150791169#m
[10:31] -TechrightsBN/#boycottnovell-nitter.cc | Hector Martin (@marcan42): "Yes, "do you want ops?" is not how you get people on your side in any kind of healthy discussion. That just speak of low moral integrity and begs the question of who was bribed that way and accepted it." | nitter
[10:31] Techrights-sec https://nitter.cc/ariadneconill/status/1393468884838195204#m
[10:31] -TechrightsBN/#boycottnovell-nitter.cc | Ariadne Conill (@ariadneconill): "heh, the other reason i published the logs is because i have heard that they tend to publish edited logs which do not paint the people who refuse to cooperate in a positive light. so it was also a kind of "cover my own ass" move :)" | nitter
[10:32] Techrights-sec https://nitter.cc/sirocyl/status/1393480235513962500#m
[10:32] -TechrightsBN/#boycottnovell-nitter.cc | sirocyl (@sirocyl): "It's not just the "you want ops?? how about money???" that set me ill with that, but also the whole attempt at prying into your personal life. The "shit you're on there too?" bit gave me the Bad Chills. " | nitter
● May 15
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[11:36] schestowitz__ x https://broadbandbreakfast.com/2021/05/facebook-and-utah-valley-university-fund-tech-training-program-for-utah-elementary-schools/
[11:36] -TechrightsBN/#boycottnovell-broadbandbreakfast.com | Facebook and Utah Valley University Fund Tech Training Program for Utah Elementary Schools : Broadband Breakfast
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[16:43] Techrights-sec https://nitter.cc/refi_64/status/1393581385152180228#m
[16:43] -TechrightsBN/#boycottnovell-nitter.cc | re:fi.64 (@refi_64): "One thing worth noting (you probably know this but for anyone else reading the link), techrights has a tendency to massively exaggerate claims and use sketch sources, so any conclusions they draw *outside* of the IRC logs should be taken with a grain of salt" | nitter
[16:49] Techrights-sec https://news.ycombinator.com/item?id=27153338\:
[16:49] -TechrightsBN/#boycottnovell-news.ycombinator.com | NO TITLE
[16:49] Techrights-sec "
[16:49] Techrights-sec The current staff is very different. Christel is apparently gone. Only kloeri remains.
[16:49] Techrights-sec https://freenode.net/people
[16:49] Techrights-sec Edit: Also compare to the staff listed in this deleted freenode blog linked by @gwd below.
[16:49] Techrights-sec https://web.archive.org/web/20210423231439/https://freenode....
[16:49] -TechrightsBN/#boycottnovell-freenode.net | The People - freenode
[16:49] Techrights-sec Edit 2: Who is OFTC and how do they fit in?"
[16:49] -TechrightsBN/#boycottnovell- ( status 404 @ https://web.archive.org/web/20210423231439/https://freenode )
[16:49] Techrights-sec https://news.ycombinator.com/item?id=27153338
[16:49] -TechrightsBN/#boycottnovell-news.ycombinator.com | I am resigning along with most other Freenode staff | Hacker News
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● May 15
[21:47] schestowitz__ https://twitter.com/stautistic/status/1393640418890313728
[21:47] -TechrightsBN/#boycottnovell-@stautistic: Hell of a documentary. https://t.co/Px6T3uqtZg
[21:47] -TechrightsBN/#boycottnovell-@schestowitz: "he opening scene of the film sets the tone with a long-shot of an isolated fishing trawler at sea as the voice-ove https://t.co/Qn0dMcHg5C
[21:48] schestowitz__ https://twitter.com/jnvrro/status/1393382777698009090
[21:48] -TechrightsBN/#boycottnovell-@jnvrro: @fcassia @schestowitz @njrabit @lproven muy bueno la comparacion con las apps de chat...
[21:48] schestowitz__ https://twitter.com/fcassia/status/1393373351196954625
[21:48] -TechrightsBN/#boycottnovell-@fcassia: Everything that is #wrong with #Google 's corporate culture and its software mess condensed in a single Reddit post https://t.co/AM9YVos9ME
[21:48] -TechrightsBN/#boycottnovell-@fcassia: Everything that is #wrong with #Google 's corporate culture and its software mess condensed in a single Reddit post https://t.co/AM9YVos9ME
gemini://gemini.techrights.org/tr_text_version/irc-log-150521.txt