●● IRC: #techbytes @ FreeNode: Sunday, November 08, 2020 ●●
● Nov 08
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● Nov 08
[07:37] schestowitz > Dear Roy,
[07:38] schestowitz Hi :-)
[07:38] schestowitz > I wish Techrights an happy birthday.
[07:38] schestowitz Thank you!
[07:38] schestowitz > I read most of your articles,
[07:38] schestowitz > honestly not all, and 100% of the articles about the EPO.
[07:38] schestowitz Nowadays we cover EPO only when there's something important and new to tell. Which isn't often :/
[07:38] schestowitz > I am perfect
[07:38] schestowitz > in line with your wievs about the bloating of technologies, hardware
[07:38] schestowitz > software, bandwidths. All this "evolution" is the result of marketing
[07:38] schestowitz > b...s... trying (with success so far) to make systems obsolete as soon
[07:38] schestowitz > as they are sold. I try in my surroundings my best to explain this abuse
[07:38] schestowitz > which is contrary to the common sense, expensive and unsustainable. I
[07:38] schestowitz > revive old PCs with Linux distros. But I am not optimist....
[07:38] schestowitz I think optimism is only healthy until it leads to betrayal and frustration... like personal bankruptcies.
[07:38] schestowitz > I wish you a nice weekend and many thanks for your coverage of the EPO
[07:38] schestowitz > affairs.
[07:38] schestowitz Thanks!
[07:38] schestowitz > Unfortunately not able to sign with my name for obvious reasons
[07:38] schestowitz That's OK. Nice to know insiders care for the site. Just wish we had more "signal" from EPO, SUEPO and CSC. It's understandable it's even harder now with no physical access to the premises. Regards,
● Nov 08
[08:00] schestowitz https://joindiaspora.com/posts/19378103#f12f413003730139fce03a6137633966
[08:00] -TechBytesBot/#techbytes-@linux@joindiaspora.com: The #Microsoft Bear Hug http://techrights.org/2020/11/06/free-microsoft-hugs/ #Techrights #GNU #Linux #FreeSW
[08:00] schestowitz "MAFIA of inhuman "slave owners" mentality owners. hell is waiting for them..."
[08:00] -TechBytesBot/#techbytes--> techrights.org | The Microsoft Bear Hug | Techrights
[08:08] schestowitz >>> Great Schneier quote, too.
[08:08] schestowitz >>>
[08:08] schestowitz >>> For what it's worth TR has been ranking rather high in DDG and
[08:08] schestowitz >>> Startpage. Previously it was more or less invisible.
[08:08] schestowitz >> Someone mentioned that in IRC yesterday.
[08:08] schestowitz >>
[08:08] schestowitz >> Seems HTTPS leading to higher ranks might also be a myth, partly...
[08:08] schestowitz > I strongly suspect that result rankings are tweaked extensively manually
[08:08] schestowitz > much more than they will admit.
[08:09] schestowitz If not directly, than by algorithmic tweaks which favour one kind of stories over another. For someone's gain. See Bing scandals, as Chris E. noted more than a decade back when looking for the Ballmer chair incident.
[08:10] schestowitz >> /2020/11/03/github-is-social-control/ accessed about 8,500 times. That's
[08:10] schestowitz >> the one with the Friedman video in it.
[08:10] schestowitz >>
[08:10] schestowitz >> Should we look at DTP for more Friedman clips to identify parts of
[08:10] schestowitz >> interest? It is time consuming, but may still be worth it.
[08:10] schestowitz > Yes, but even before I got to the end of that sentence, it came to mind
[08:10] schestowitz > how time consuming it is. However, there can be some gems. A downside
[08:10] schestowitz > would be how much mindshare M$ had in much of the footage.
[08:10] schestowitz That's why we want just clips/portions, not the whole. And it takes time. The payoff can be good.
[08:16] schestowitz Re: RMS Lessig Video 2001 San Francisco
[08:16] schestowitz > yes. Had issues with vlc - apparently only converts up to 1 hour?
[08:16] schestowitz > sound only - but almost there!!!
[08:16] schestowitz Cheers, let me know when done, this way we can link/embed.
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● Nov 08
[12:49] schestowitz http://ipkitten.blogspot.com/2020/10/hague-court-of-appeal-sets-dutch.html?showComment=1604228496191#c940708184851379274
[12:49] -TechBytesBot/#techbytes-ipkitten.blogspot.com | Hague Court of Appeal sets Dutch approach to equivalence, reversing District Court in pemetrexed saga - The IPKat
[12:49] schestowitz "This is where the key point that I am making comes into play. This is because it is not entirely clear whether it is permissible for Eli Lilly to rely upon that post-filing data to support sufficiency and/or inventive step for the non-literal scope of their patent claims. To answer that question, one needs to decide whether, based upon the evidence, the disclosure of Eli Lilly's patent renders PLAUSIBLE the relevant technical effect (
[12:49] schestowitz of inhibiting tumor growth) for the "equivalent" salt forms. This is a question that, to date, the national courts in Europe appear not to have considered in any depth. Personally, I find this alarming, as it suggests that the patentability standards for non-literal claim scope are much lower than those for literal claim scope ... which simply cannot be right."
[12:49] schestowitz "Justice must be done...."
[12:50] schestowitz http://ipkitten.blogspot.com/2020/10/hague-court-of-appeal-sets-dutch.html?showComment=1604311577093#c6218271215513443603
[12:50] -TechBytesBot/#techbytes-ipkitten.blogspot.com | Hague Court of Appeal sets Dutch approach to equivalence, reversing District Court in pemetrexed saga - The IPKat
[12:50] schestowitz "
[12:50] schestowitz As to the question why Applicant did not fight against the 123(2)objection, my explanation is that to fight on the public file, and lose, leads to worse outcomes than not to fight at all.
[12:50] schestowitz Applicant got that judgement right, I think. But I'm no litigator. What do you think? Would Applicant have fared better in the courts if it had vigorously disputed the legitimacy of the Art 123(2) objection with the EPO Examining Division and then with the Technical Board of Appeal (and in the end still lost)?
[12:51] schestowitz "
[12:51] schestowitz http://ipkitten.blogspot.com/2019/07/cjeu-dismisses-red-bulls-appeal.html?showComment=1604496012092#c2936440223764118453
[12:51] -TechBytesBot/#techbytes-ipkitten.blogspot.com | CJEU dismisses Red Bulls appeal concerning its colour combination marks - The IPKat
[12:51] schestowitz "I think the application by the Polish company may have been in September 2011."
[12:52] schestowitz http://ipkitten.blogspot.com/2020/01/sheeran-v-chokri-part-2-admission-of.html?showComment=1604686595702#c5893814542647705321
[12:52] -TechBytesBot/#techbytes-ipkitten.blogspot.com | Sheeran v Chokri Part 2: Admission of similar fact evidence - The IPKat
[12:52] schestowitz "Hi Anonymous. Just to clarify on your points, yes of course it would not be copyright infringement to use another's copyright protected work WITH permission or a licence (or within a copyright exception for that matter). Sample licences are very common in the music industry. These cases mentioned in my post are infringement claims brought by the copyright holders - meaning that they did NOT agree to the use of their work and therefore
[12:52] schestowitz believe it to be an infringement. Hope that clarifies any confusion. "
[12:52] schestowitz "
[12:52] schestowitz Apparently, no one explained there is a BIG difference between LEGAL sampling with permission which is very common and ILLEGAL copying.
[12:52] schestowitz It can NOT be ASSUMED that just because credit is shared that illegal copying has occurred.
[12:52] schestowitz Simply ASK the owners of the songs used as similar fact evidence , no need to analyze the songs.
[12:52] schestowitz "
[12:53] schestowitz "
[12:53] schestowitz This is absolutely disturbing and unfair. Legal sampling in music is extremely common by ALL artists. All it would take is to ask TLC and Shaggy to provide a simple statement that permission was asked to sample /interpolate and a legal agreement was made. Intentional sampling /interpolation is a way for new songs to share the wealth with older songs whose income streams have dried up. It is a GOOD thing and is a proactive way to help
[12:53] schestowitz others in the industry. It is NOT to be confused with illegal copying without permission.
[12:53] schestowitz As far as "Oh Why" and "Shape Of You" the similarities are limited to extremely simplistic ,common , unoriginal elements. that are not even actually identical . It should be considered fair use of public domain elements.
[12:53] schestowitz It also should be pointed out that Sheeran used very similar elements to those Chokri has claimed he copied in songs Sheeran released 4 to 7 years BEFORE "Oh Why"
[12:53] schestowitz The "Photograph" case was settled out of court and though Sheeran shared the credit and royalties it should be noted that both parties agreed to NO GUILT on Sheeran's part. That is a significant detail and should be public record .
[12:53] schestowitz Also a simple google search would reveal just about EVERY current artist making MONEY with their music is being sued for/accused of plagiarism, many multiple times. It is definitely a trend to pick apart songs to there most basic common elements and make a claim. EVERYONE making MONEY is a target.
[12:53] schestowitz "
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[22:21] schestowitz > Ok. I'll see about working out how to modify the automation soon.
[22:21] schestowitz >
[22:21] schestowitz > PS The message arrived unencrypted.
[22:21] schestowitz Very odd. Maybe cause I started a new message rather than replies.
[22:21] schestowitz Either way, maybe I'll get used to the new Thunderbird software. It did this to me with other recipients as well.
gemini://gemini.techrights.org/tr_text_version/irc-log-techbytes-081120.txt