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IRC: #techbytes @ Techrights IRC Network: Thursday, October 07, 2021

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schestowitz 07 01:06
-TechBytesBot/#techbytes-@humanidee: @schestowitz The two are intimately connected. US awarded Ecuador a $11B IMF Loan to hand over Assange and drop the Chevron case.Oct 07 01:06
schestowitz 07 01:06
-TechBytesBot/#techbytes-@jimsomerset: @schestowitz This shit is more fake than cnnOct 07 01:06
schestowitz 07 01:06
-TechBytesBot/ | Steve_Filipovic (@RegimeChangeBC): "you have to expose #geoengineering or you will continue to live under it. Have you been lamenting #rainevents rhetorically lately? 1953 #UKpolitics Kills 35 making it rain hard. #cdnpoli not impressed. #climate of alarm?#bcpoli #carbontax" | nitterOct 07 01:06
schestowitz 07 01:07
-TechBytesBot/ | Helen Vitz (@KYzinMwF6qgDu0n): "You have to distinguish between an alarm and a warning. And also to look beyond CO2 to the global climate crisis, which is beyond human control. It is cyclical. Study this topic." | nitterOct 07 01:07
schestowitz 07 01:07
-TechBytesBot/ | Steve_Filipovic (@RegimeChangeBC): "um, I see the site you shared enjoys pushing #climate alarm? This leads me to think the other stuff is bogus too. Do try harder please. It takes a weekend to figure out Co2 alarm is a PR campaign if you are a slow learner. Dew adds 15-20 x's the ghg effect every day via phase chg" | nitterOct 07 01:07
schestowitz 07 01:08
-TechBytesBot/#techbytes-@zoobab: @schestowitz EPC edited by the EPO, in their favor. Treaties cannot and should not be commented like this.Oct 07 01:08
schestowitz 07 01:08
-TechBytesBot/#techbytes-Could not resolve host:; Unknown error ( status 0 @ )Oct 07 01:08
schestowitz 07 01:09
-TechBytesBot/ | 🦋 Elizabeth Mattijsen (@liztormato): "FWIW, I don't think the rakulang tag is appropriate here, as the blog post doesn't mention the Raku™ Programming Language at all?" | nitterOct 07 01:09
schestowitz 07 01:09
-TechBytesBot/#techbytes-@brembs: This holds also for academic information infrastructure, ahem, #justsaying 07 01:09
-TechBytesBot/#techbytes-@schestowitz: ● NEWS ● #Techdirt #FB ☞ #Facebook 's Downtime And Why Protocols Are More Resilient Than Centralized Platforms 07 01:09
schestowitz 07 01:09
-TechBytesBot/#techbytes-@glynmoody: this is the way forward... 07 01:09
schestowitz 07 01:10
-TechBytesBot/ | Glyn Moody (@glynmoody): ""Friedman concluded that "as despicable as this practice may be," Congress did not have the authority to pass the law that criminalizes female genital mutilation, and that #FGM is for the states to regulate." absurd" | nitterOct 07 01:10
schestowitz 07 01:10
-TechBytesBot/#techbytes-@jvantill: @schestowitz Profit over PeopleOct 07 01:10
schestowitz 07 01:11
-TechBytesBot/#techbytes-@stautistic: Basically the life of every Windows admin… 07 01:11
-TechBytesBot/#techbytes-@schestowitz: #Microsoft #Windodws TCO: #TheHill #ProprietarySoftware ☞ NSA director expects to be facing ransomware attacks 'ev… 07 01:11
schestowitz 07 01:11
-TechBytesBot/#techbytes-@pieternagel: The latest Supply Chain Management Daily! Thanks to @schestowitz @WasteBadger @dmitry140 #supplychain #logisticsOct 07 01:11
-TechBytesBot/#techbytes--> | NO TITLEOct 07 01:11
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schestowitz>> I like this option better. At the moment I back up everything underOct 07 01:24
schestowitz>> /home (all accounts) every now and then, with a stack of backups pilingOct 07 01:24
schestowitz>> up on external disks. I use rsync for that.Oct 07 01:24
schestowitz> Rsync will do incremental backups too if run with the right options.Oct 07 01:24
schestowitz> Maybe full backup weekly or monthly and increments daily?Oct 07 01:24
schestowitz> What's the total capacity of the backup device?Oct 07 01:24
schestowitzlaptop 300gb, 2 externals at 3tb, one external at 4tb.Oct 07 01:24
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schestowitz 07 17:09
-TechBytesBot/ | ILOAT cases: EPO repays excessive strike deductions, tensions remain - Kluwer Patent BlogOct 07 17:09
schestowitz"Oct 07 17:09
schestowitzConcerned observerOct 07 17:09
schestowitzOCTOBER 4, 2021 AT 5:47 PMOct 07 17:10
schestowitzQuestion: has Circular 347 been set aside by the EPO? That is, has the EPO now amended its Service Regulations and associated instruments to remove all of the restrictions on the right to strike that were held by the ILO AT to be unlawful?Oct 07 17:10
schestowitzKayOct 07 17:10
schestowitzOCTOBER 5, 2021 AT 10:04 AMOct 07 17:10
schestowitzno, why?Oct 07 17:10
schestowitzA careful analysis of the decision is necessary first (December council), and a thinking on alternatives (March council), a study on options and a guiding consultation (June, likely September Council), study on financial impact (December council), the obligatory (tick box) internal consultation on the draft documents, before final documents appear and are decided on in the June council. But for political reasons, the procedure needs to be slowed, so Oct 07 17:10
schestowitzimplementation will be in a January (hence decision must be done by a december council) and of course the (re-)election process should not be disturbed by such a topic, hence move all back for another half year.Oct 07 17:10
schestowitzAnd it may not be that the EPO is without rules for such a long time, hence the circular remains marked as valid for any internal issues.Oct 07 17:10
schestowitzConcerned observerOct 07 17:10
schestowitzOCTOBER 5, 2021 AT 1:32 PMOct 07 17:10
schestowitzI had suspected that this would be the case.Oct 07 17:10
schestowitzEven a cursory review of Circular 347 by anyone knowledgeable about employment law would have revealed that it contained numerous unlawful restrictions on employee’s rights. Thus, it was always clear that those behind Circular 347 were either incompetent or had malign intentions (and simply do not care that they would need to break the law to achieve their objectives). I think that we can now definitively rule out the former explanation.Oct 07 17:10
schestowitzIf, as expected, the AC plays along with all of this, then the representatives of national offices on the AC will be undeniably complicit in denying EPO staff fundamental rights that they are guaranteed under national, EU and international (ECHR) laws. In this event, I would have thought that EPO staff really ought to have a cause of action before the national courts against those representatives. If they do not, then I think that we can safely Oct 07 17:10
schestowitzconclude that the EPO truly has become Europe’s answer to Guantanamo Bay.Oct 07 17:10
schestowitzConcerned observerOct 07 17:10
schestowitzOCTOBER 5, 2021 AT 4:35 PMOct 07 17:10
schestowitzThe EPO has only promised to provide redress to individuals who participated in “unsanctioned” strikes and were then subject to salary deductions according to Circular 347. It therefore seems that, at this time, the EPO has every intention of maintaining in force paragraphs 1 to 4 of Circular 347, ALL of which were found by the ILO AT to represent unlawful restrictions upon the right to strike.Oct 07 17:10
schestowitzUnder national laws, this would all have worked out very differently. This is because COLLECTIVE bargaining – which is unavailable to EPO employees – would have prevented Circular 347 from ever coming into force. What has instead happened under the “laws” of EPOnia is that:Oct 07 17:10
schestowitz(a) the staff have been forced to operate under clearly unlawful restrictions on their right to strike;Oct 07 17:10
schestowitz(b) certain brave members of staff have nevertheless exercised their rights and have been subject to punishments under an unlawful regulation;Oct 07 17:10
schestowitz(c) some EIGHT YEARS after it entered into force, the ILO AT vindicates EPO staff by finding Circular 347 to be unlawful (on multiple grounds); andOct 07 17:10
schestowitz(d) the EPO responds to the judgement of the ILO AT by maintaining in force all of the provisions that were found to be clearly unlawful.Oct 07 17:10
schestowitzAside from the fact that the EPO is clearly thumbing its nose at a judgement it should be obliged to respect, there is one important issue that should not be forgotten. That is, the EPO has trampled – and is STILL trampling – upon the right to strike of those members of staff who have been dissuaded from exercising their rights by the unlawful provisions of Circular 347.Oct 07 17:10
schestowitzThis calls into question all of the changes to working conditions (including changes to the Service Regulations) that have been rammed through by the EPO since Circular 347 has been in force. This is because it is now impossible to know whether, if granted unfettered access to their right to strike, EPO staff would have been able to either fend off entirely, or modify the provisions of, any of those subsequent changes.Oct 07 17:10
schestowitzIn other words, EPO staff’s lack of access to true COLLECTIVE bargaining has harmed the staff in incalculable and irreparable ways. This amply demonstrates why the 2017 decision of the Hoge Raad (in SUEPO vs. EPO) was so wrong-headed. That is, a comparison of what would have happened under national laws to what actually happened under the “laws” of EPOnia makes it plain that seeking recourse to ILO AT is most definitely NOT a “sufficiently Oct 07 17:10
schestowitzreasonable alternative” for the EFFECTIVE protection of the right to collective bargaining.Oct 07 17:10
schestowitzConcerned observerOct 07 17:10
schestowitzOCTOBER 4, 2021 AT 5:50 PMOct 07 17:10
schestowitzI am not particularly surprised at the refusal of EPO management to apologise for imposing, or at least perpetuating, unlawful restrictions on the right to association. However that refusal demonstrates that the EPO’s management adopts a belligerent attitude towards its staff even when it is clear that, by effectively acknowledging past mistakes, an apology might help to ease social tensions. The EPO’s very limited application of the outcome of Oct 07 17:10
schestowitzthe ILO AT judgements simply rubs salt into the wounds, as it is plainly an attempt to deprive the affected staff of the moral damages to which they are entitled.Oct 07 17:10
schestowitzMy recollection is that Campinos was selected by the AC on the basis that he would restore social peace at the EPO. If this episode is anything to go by, he still VERY far from achieving that objective. One would think that the AC would take this into account when considering whether to renew his term of office for another 4 years. Similarly, one might think that the AC would also take note of the huge outcry from sections of the patent profession Oct 07 17:10
schestowitzagainst certain policies (such as requiring unnecessary amendments to the description or making VICOs mandatory for oral hearings) that Campinos has imposed with little or no consultation. However, that would be to confuse the AC with a regulatory body that actually gives two hoots about the EPO’s staff or its users.Oct 07 17:10
schestowitzUrgh.Oct 07 17:10
schestowitzOCTOBER 5, 2021 AT 9:56 AMOct 07 17:10
schestowitzThe AC is already complaining that the no. of grants is not increasing anymore (empty cupboards – we cannot anymore)Oct 07 17:10
schestowitzThey don’t care.Oct 07 17:10
schestowitzAnd the money for any “moral damage” will come from the EPO, and thus from the money the EPO would otherwise inject into the RFPSS, thus from staff itself again.Oct 07 17:10
schestowitz(no, it will not be taken from the bonuses of management who made the wrong decision, nor from the EPO-TIF (investment funds), because not increasing that will lead to a cut in kickback bonuses – hence staff will have to pay for their own moral damage management inflicted upon them)Oct 07 17:10
schestowitzAnonOct 07 17:10
schestowitzOCTOBER 4, 2021 AT 6:14 PMOct 07 17:10
schestowitzI think the AC are just paying lip service to social peace and they’re perfectly happy with what has turned out to be just a slight variant of the Batistelli regime.Oct 07 17:11
schestowitzAttentive ObserverOct 07 17:11
schestowitzOCTOBER 5, 2021 AT 5:28 PMOct 07 17:11
schestowitzHere we have another version of the game: the tail is wagging the dog!Oct 07 17:11
schestowitzWhat happened under his predecessor is continuing!Oct 07 17:11
schestowitzWhen the present tenant of the 10th floor has been appointed he was meant to restore social piece at the EPO.Oct 07 17:11
schestowitzIf the AC had the guts he would have send him back to the Iberian peninsula a while ago. But the AC is gullible to everything that was presented to it by the EPO management.Oct 07 17:11
schestowitzNot only the social situation has degraded, but it has worsened dramatically.Oct 07 17:11
schestowitzWhen you know hear that buildings are transformed in open space offices it it high time to realise that the people in charge at the EPO have no clue of what people, and especially examiners, are doing.Oct 07 17:11
schestowitzPlanning a kind of virtual EPO in which members of deciding bodies are not even sitting together when they decide is an heresy. But the AC has happily endorsed Art 15a RPBA20.Oct 07 17:11
schestowitzIt can be expected that G 1/21 will be a good successor of G 2/19 and G 3/19.Oct 07 17:11
schestowitzAttentive ObserverOct 07 17:11
schestowitzOCTOBER 6, 2021 AT 10:21 AMOct 07 17:11
schestowitzIt is not a question to merely repay what has been removed in excess.Oct 07 17:11
schestowitzThe whole strike regulation has to be amended to conform to the ILO-AT judgement. It is simply illegal and it does not matter whether it has been adopted by the AC or not.Oct 07 17:11
schestowitzIt is relatively rare that the ILO-AT considers a general measure to be illegal.Oct 07 17:11
schestowitzIn general it contends itself to decide whether the measure adopted had followed the correct legal way.Oct 07 17:11
schestowitzIt rarely takes a political position like here.Oct 07 17:11
schestowitzThere is another problem lurking in the background. The EPO has unilaterally decided to suppress the specific invalidity insurance for which staff has paid premiums for many years.Oct 07 17:11
schestowitzThis premium was there to guarantee a lump sum in case of invalidity.Oct 07 17:11
schestowitzThe lump sum has been removed, but the EPO kept the premiums staff had paid.Oct 07 17:11
schestowitzAnother way to restore social peace?Oct 07 17:11
schestowitzUrgh.Oct 07 17:11
schestowitzOCTOBER 6, 2021 AT 2:28 PMOct 07 17:11
schestowitzThat’s less problematic than it seems.Oct 07 17:11
schestowitzStaff did get a refund on premiums which were not used to finance the old scheme.Oct 07 17:11
schestowitzThe new scheme has a continued salary, which is tax-free, the old scheme had payouts which were not tax free.Oct 07 17:11
schestowitzThe new scheme has issues, but the old one had too.Oct 07 17:11
schestowitz"Oct 07 17:11
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