●● IRC: #techbytes @ FreeNode: Friday, November 06, 2020 ●●
● Nov 06
[01:06] schestowitz https://twitter.com/0xFreak71/status/1324443869380026371
[01:06] -TechBytesBot/#techbytes-@0xFreak71: @schestowitz Remove RedHat's code (systemd, polkit, consolekit) :P
[01:06] schestowitz https://twitter.com/realmrtj/status/1324441132382724104
[01:06] -TechBytesBot/#techbytes-@realmrtj: @schestowitz @LlnuxBot Debian itself is fast enough especially when you are using minimal release and after that in https://t.co/Io8EQGn900
[01:06] -TechBytesBot/#techbytes-@realmrtj: @schestowitz @LlnuxBot Debian itself is fast enough especially when you are using minimal release and after that in https://t.co/Io8EQGn900
[01:06] schestowitz "
[01:06] schestowitz Debian itself is fast enough especially when you are using minimal release and after that install your ideal DM,
[01:06] schestowitz But generally was cool.
[01:06] schestowitz Rose
[01:06] schestowitz "
[01:06] schestowitz https://twitter.com/iridesce57/status/1324425816206413824
[01:06] -TechBytesBot/#techbytes-@iridesce57: @schestowitz Happy Birthday and thanks !!!
[01:06] schestowitz https://twitter.com/agargmd/status/1324341629763768320
[01:06] -TechBytesBot/#techbytes-@agargmd: https://t.co/kNqpMGbsSf
[01:06] -TechBytesBot/#techbytes-@schestowitz: NEWS #CNBC #Politics #Trump campaign says it is suing to stop #Michigan and #Pennsylvania ballot counts https://t.co/KzQitF2IsU
[01:07] schestowitz https://twitter.com/thedigicat/status/1324304817578233857
[01:07] -TechBytesBot/#techbytes-@thedigicat: @schestowitz Thank you for retweeting it! I felt the need to collect some information that are clearly out there, b https://t.co/UUEywEb0CM
[01:07] -TechBytesBot/#techbytes-@thedigicat: @schestowitz Thank you for retweeting it! I felt the need to collect some information that are clearly out there, b https://t.co/UUEywEb0CM
[01:07] schestowitz "Thank you for retweeting it! I felt the need to collect some information that are clearly out there, but so scattered that it took me 4 days to get my bearings =)"
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● Nov 06
[02:31] schestowitz https://twitter.com/Emilinehope/status/1323922130380201986
[02:31] -TechBytesBot/#techbytes-@Emilinehope: @schestowitz https://t.co/qjVTZoODLw
[02:31] -TechBytesBot/#techbytes-@Emilinehope: @schestowitz https://t.co/qjVTZoODLw
[02:31] schestowitz > Hi Roy,
[02:31] schestowitz >
[02:31] schestowitz > Did you notice any further interest in the Outreachies?
[02:31] schestowitz >
[02:31] schestowitz > Have you seen anybody try to identify woman #2?
[02:31] schestowitz >
[02:31] schestowitz > The woman is young and she comes from a developing country so the $5500
[02:31] schestowitz > is a huge amount of money for her. I suspect any woman from a
[02:31] schestowitz > developing country would be influenced by that sum so the story is not
[02:31] schestowitz > about her personally, it is about the people giving her the money and
[02:31] schestowitz > why did they do so. I think they like having that power over people.
[02:31] schestowitz Many people mentioned your story (IRC, Twitter etc), but I know nothing about who it is about.
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● Nov 06
[12:51] schestowitz http://patentblog.kluweriplaw.com/2020/11/03/a-few-thoughts-on-trust-and-judicial-independence/#comments
[12:51] -TechBytesBot/#techbytes-patentblog.kluweriplaw.com | A few thoughts on trust and judicial independence - Kluwer Patent Blog
[12:51] schestowitz "
[12:51] schestowitz Thank you, Thorsten. You quote Snyder: Without trust, we cant have the Rule of Law. For we patent attorneys, the Rule of Law is precious, and we should fight for it. So how do we preserve trust?
[12:51] schestowitz For we patent attorneys, trust in science is fundamental to our profession. From time to time, corporate interests try to erode trust in science. In our age of human-induced climate change, this is itself a disaster which has to be resisted. One way to resist is to flag up the work of Harvard Professor Naomi Oreskes (link below) and her current book Why Trust Science, to anybody willing to listen. Impressive, in the book, is
[12:51] schestowitz how she solicits views from other academics and then replies to them. Judge for yourself how convincingly she sees off her academic rivals.
[12:51] schestowitz Perhaps the name Oreskes seems familiar? That would be because of her earlier book from 10 years ago Merchants of Doubt about how self-professed scientists promulgated corporate views, that there is no connection between smoking and cancer.
[12:51] schestowitz It is fashionable to deplore the USA. But Oreskes is at Harvard. I salute those who support her research there and wonder whether there is anybody outside the USA who is doing as much to nurture the idea that, at least in science and the law, fact should trump fiction, and that being selective with the facts, making economies with the truth (never mind promulgating an alternative truth debases us all and so is something deeply to
[12:51] schestowitz be deplored.
[12:51] schestowitz https://en.wikipedia.org/wiki/Naomi_Oreskes
[12:51] -TechBytesBot/#techbytes-en.wikipedia.org | Naomi Oreskes - Wikipedia
[12:51] schestowitz REPLY
[12:51] schestowitz Patent robot
[12:51] schestowitz NOVEMBER 4, 2020 AT 12:02 PM
[12:51] schestowitz G 2301/16, G 2302/15 and G 2301/15 are a coincidence.
[12:51] schestowitz G 3/19 is a clue.
[12:51] schestowitz Will G 4/19 be a proof?
[12:51] schestowitz REPLY
[12:51] schestowitz Concerned observer
[12:51] schestowitz NOVEMBER 4, 2020 AT 5:56 PM
[12:51] schestowitz Thorsten thank you for drawing attention to this issue.
[12:51] schestowitz Ever since digesting the reasoning of the opinion in G 3/19, my thought has been: how will the EPOs Administrative Council utilise the power handed to them to essentially force a dynamic reinterpretation of pretty much ANY Article of the EPC?
[12:51] schestowitz G 3/19 makes it clear that the restrictions imposed upon the ACs legislative powers under Article 33(1)(b) EPC do NOT constrain the ACs powers to interpret a provision of the EPC. This leaves two important questions unanswered.
[12:51] schestowitz Firstly, what are the precise conditions that need to be satisfied in order for a new Implementing Regulation to demonstrate a new legislative intent that is capable of overriding even a ruling of the Enlarged Board? The opinion in G 3/19 is very woolly on this point, and so I fear that the bar for the AC could well be quite low.
[12:51] schestowitz Secondly, which Articles of the EPC might the AC decide to interpret by way of new Implementing Regulations? Clearly, the provisions governing exclusions from patentability are on the table. But what about other patentability provisions? Or the right to be heard under Article 113 EPC?
[12:51] schestowitz I hope that I am wrong to worry, but G 3/19 certainly lays the groundwork for all of this to happen.
[12:51] schestowitz REPLY
[12:51] schestowitz Attentive Observer
[12:51] schestowitz NOVEMBER 5, 2020 AT 4:09 PM
[12:51] schestowitz Thanks to Thorsten and Max Drei for two excellent contributions.
[12:51] schestowitz When reading the contributions, it reminded me of a joke from a representative I meet at a CEIPI conference a long time ago. What is the difference between a scientist and a lawyer? For a scientist the current flows or it does not flow. For a lawyer the current might flow or might not flow depending on the outcome you wish.
[12:51] schestowitz That this is perfectly acceptable for a lawyer representing a party, it has deleterious effects when such a stance is adopted by a judge or even a panel of judges. That is exactly what happened in G 3/19!
[12:51] schestowitz That scientists can also fake results is an acquired fact. Just think of Lomonossov under Stalin. How many people died as consequence of a scientific study which was anything but faked to please the dictator in place?
[12:51] schestowitz If judges are selected in view of their support for some specific views on some societal topic, it is a denial of the independence of the judiciary. It might even pay out in the non-distant future in the US, but it is a clear attack under what is called democracy and separation of powers.
[12:52] schestowitz The decision G 3/19 is, to put it mildly, a disgrace. When you see how the rapporteur twists and turns to arrive at the decision wished by the AC and the President of the EPO you can but be disgusted. The idea of the dynamic interpretation is really flabbergasting.
[12:52] schestowitz The EBA had in the past a different attitude when it simply did not want to rubber stamp the Presidents decision about the effective dismissal of a member of the boards having allegedly misbehaved and who was fired under disregard of the separation of powers.
[12:52] schestowitz If the EBA would have had the guts of his predecessor he should simply have declared the referral as not admissible. This was what the vast majority of people involved in EPO matters expected.
[12:52] schestowitz The cynical comment about increasing the perception of independence of the boards should have brought about an outcry in the profession. What did one hear from epi: an astounding silence!
[12:52] schestowitz It is abundantly clear that the boards of appeal at the EPO are by no means independent. The Chairman of the BA can only exercise the powers transferred to him by the president of the EPO. On top of this he might propose a budget, but that budget will be presented to the AC within the overall budget of the EPO, and only the president has the power to present a budget to the AC. Art 12a refers directly to Art 10(2) and Art 46, so there
[12:52] schestowitz is not even the perception of true independence. Under independence I understand something different.
[12:52] schestowitz The idea of reappointment, but only if the member has shown a required performance, is just the cherry on the cake. And the criteria for reappointment are not even public! R 12d should be scrapped at once.
[12:52] schestowitz One does not have been studying at university to realise that the Board are under direct influence of the executive. The situation will not be different at the UPC. And this is not good as exemplified by G 3/19.
[12:52] schestowitz The only way to force the EPO to provide the boards of appeal the necessary independence can only come from outside. For instance from the German Federal Constitutional Court before which there are no less than four complaints about the lack of independence of the boards of appeal of the EPO.
[12:52] schestowitz Should something like the UP and the UPC come to light, another push could come from Luxembourg. After all, an opposition before the EPO against a UP is an action touching an asset valid in the EU, and it would be surprising that the CJEU would not have an opinion on the matter.
[12:52] schestowitz Hope dies last, but all the problems touched upon in the blog should be tackled in a pro-active way. And it does not seem to go that way. Ever heard of Art 4a EPC?
[12:52] schestowitz "
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