04.30.09

Gemini version available ♊︎

The Illusion of Transparency at the European Parliament/Commission (on Microsoft)

Posted in Antitrust, Europe, Microsoft at 4:30 am by Dr. Roy Schestowitz

Money for mortgage

Summary: How does it feel to be left out of the public arena while Microsoft perverts it?

ACCORDING to The Register, after long and repeated procrastination Microsoft has finally responded to antitrust charges. For background:

The original complaint was made by Norwegian browser maker Opera. It accused Microsoft of leveraging its desktop monopoly to distribute the browser and of ignoring web standards. Because of its large market share web developers were encouraged to optimise their sites for IE – to the disadvantage of other browser makers which did follow web standards.

In another news report, it is made publicly known right now that transparency in the EU is seriously deficient. It’s specifically about access to documents.

Being refused access to documents was “by far” the most common allegation made by citizens to the EU Ombudsman last year, revealed a report presented yesterday (27 April).

We have personal and very bitter experience with that, so we’ll present the latest from last week. For the first part of the story, see this long post. It’s about Microsoft attacking Free open source software through European panels. We are still waiting for the Commission to mail us the documents we asked for. It’s taking weeks if not months already and it’s a violation of the regulations.

OpenPGP: *Parts of the message have NOT been signed or encrypted*

Dear Mr Schestowitz,

We acknowledge receipt of your message.

Yours sincerely,

[anon]

—–Original Message—–
From: Roy Schestowitz
Sent: Wednesday, April 15, 2009 5:47 PM
To [anon]
Cc: s at schestowitz.com; [anon] (INFSO); [anon] (INFSO)
Subject: Re: Gestdem 2009/1562 FW: Document access application purpusant to Article 6 EC/1049/2001 (A/617056)

********* *BEGIN ENCRYPTED or SIGNED PART* *********

“Draft input to all WG prepared by the Commission” means the documents
the chairs of the working groups or participants received from the
Commission to guide the work in a particular group.


Roy S. Schestowitz
http://Schestowitz.com | GNU/Linux | PGP-Key: 0x74572E8E
Freelance journalist at http://itmanagement.earthweb.com/

Content-Type: text/plain; charset=ISO-8859-1

OpenPGP: *Parts of the message have NOT been signed or encrypted*

Dear Mr. Schestowitz,

Thank you for your e-mail of the 20th of March registered on 23rd of March applying for a copy of documents in accordance with Regulation (EC) N° 1049/2001 regarding public access to European Parliament, Council and Commission documents.

Your application will be dealt with within the prescribed delays. You have requested access to the documents as follows:

“I hereby request electronic access to all documents related to the Towards the European Software Strategy process in the posession of the EU-Commission, in particular access to the following documents:
* the list of participants in the industry expert group
* the list of WGs, WGs sleaders and observing Commission officials
* draft contributions of all industry Working groups on a the European Software Strategy
* draft input to all WG prepared by the Commission
* the participant list of the related meeting on January 20th in Brussels
* all submissions from industry to the ESS consultation under the applicable provisions of regulation 1049/2001 which grant me a right of access to all documents mentioned above.”

However, we are unable to identify the documents refereed to in the fourth item “draft input to all WG prepared by the Commission” and the sixth item “all submissions from industry to the ESS consultation”. Please could you clarify your request so that we may continue to process it.

Yours sincerely,

[anon]

—–Original Message—–
From: [anon]
Sent: Tuesday, March 24, 2009 9:27 AM
To INFSO /D
Subject: Gestdem 2009/1562 FW: Document access application purpusant to Article 6 EC/1049/2001

Bonjour,

En tant que correspondant du réseau accès aux documents, je me permets de vous adresser la demande ci-dessous relative à l’accès au document suivant: “GESTDEM 2009/1562″ all documents related to the Towards the European Software Strategy

Cette demande est introduite dans le cadre du règlement 1049/2001 qui impose un délai impératif de réponse endéans les 15 jours ouvrables soit le 20/04/2009.

Elle a été enregistrée dans ADONIS sous le N° A/09/612974. Je vous saurais gré, par conséquent, de bien vouloir préparer un projet de réponse conformément aux procédures décrites dans le guide ci-dessous, et de l’enregistrer dans ADONIS en lien avec la fiche arrivée ainsi que de faire parvenir une copie du projet de réponse signé à la boîte fonctionnelle INFSO ADONIS

Pour de plus amples détails, vous pouvez consulter notre site reprenant le guide pour le personnel, à l’adresse: http://intra.infso.cec.eu.int/S1/dm_new/docs/special_issues/accesdoc/house_rules_dginfso_04_08.pdf

Je reste à votre entière disposition pour toute information complémentaire.

Bien à vous.

[anon]

—–Original Message—–
From: [anon] (INFSO)
Sent: Monday, March 23, 2009 5:19 PM
To: INFSO ADONIS
Subject: FW: Document access application purpusant to Article 6 EC/1049/2001

Please registrer in GESTDEM.

[anon]

—–Original Message—–
From: Roy Schestowitz
Sent: Friday, March 20, 2009 5:15 PM
To [anon] (INFSO)
Subject: Document access application purpusant to Article 6 EC/1049/2001

********* *BEGIN ENCRYPTED or SIGNED PART* *********

As a reply, please answer the following

1. If you intent that

> > The document you are referring to is not a European Commission document, but a document that are made by Zuck and many others from industry.

is a negative reply upon my 1049/2001 request of access to the document
please consider the specific provisions of the regulation that guide
your obligation in the formal processing of an application under
1049/2001. For instance you have the formal obligation to “inform the
applicant of his or her right to make a confirmatory application in
accordance with paragraph 2 of this Article.” and the statement above is
not in line with the formalities under 1049/2001.

If your statement was such a negative official reply, please regard this
mail as a request for a confirmatory application under 1049/2001 for
access to European Software Strategy documents. The origination of the
document is irrelevant. You have to state reasons for access refusal. I
inform you about the substance of Art 4.4 “As regards third-party
documents, the institution shall consult the third party with a view to
assessing whether an exception in paragraph 1 or 2 is applicable, unless
it is clear that the document shall or shall not be disclosed.”

If you regard it as just an informal preliminary communication please
just process the following clarified primary application.

2. I hereby request electronic access to all documents related to the
Towards the European Software Strategy process in the possession of the
EU-Commission, in particular access to the following documents:
* the list of participants in the industry expert group
* the list of WGs, WGs leaders and observing Commission officials
* draft contributions of all industry Working groups on a the European
Software Strategy
* draft input to all WG prepared by the Commission
* the participant list of the related meeting on January 20^th in Brussels
* all submissions from industry to the ESS consultation under the
applicable provisions of regulation 1049/2001 which grant me a right of
access to all documents mentioned above.”

I appreciate your kind assistance. If you feel that you are unable to
process my request yourself it is your obligation to forward it to the
competent person in the Commission.

********** *END ENCRYPTED or SIGNED PART* **********

Still waiting. It has been over a month and it has been very time consuming. Why can’t the document just be handed over immediately?

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

A Single Comment

  1. The Mad Hatter said,

    April 30, 2009 at 3:13 pm

    Gravatar

    Roy,

    Don’t be silly. You know it’s “Government by the Corporation, for the Corporation.” The peons who think they are citizens don’t count.

DecorWhat Else is New


  1. Taking Back Control or Seizing Autonomy Over the News Cycle (Informing People, Culling the Marketing)





  2. Reality Versus Fiction: EPO Insiders Versus EPO Web Site and UPC 'Churnalists'

    The "official" sources of the European Patent Office (EPO), as well as the sedated "media" that the EPO is bribing for further bias, cannot tell the truth about this very large institution; for proper examination of Europe's largest patent office one must pursue the interpretation by longtime veterans and insiders, who are increasingly upset and abused (they're being pressured to grant patents in violation of the charter of the EPO)



  3. Links 06/02/2023: Linux 6.2 RC7 and Fatal Earthquake

    Links for the day



  4. IRC Proceedings: Sunday, February 05, 2023

    IRC logs for Sunday, February 05, 2023



  5. Links 05/02/2023: Wayland in Bookworm and xvidtune 1.0.4

    Links for the day



  6. Links 05/02/2023: Pakistan Blocks Wikipedia, Musharraf Dies

    Links for the day



  7. IRC Proceedings: Saturday, February 04, 2023

    IRC logs for Saturday, February 04, 2023



  8. Links 04/02/2023: FOSDEM Happening and Ken Thompson in SoCal Linux Expo

    Links for the day



  9. 2023 is the Year Taxpayers' Money Goes to War and Energy Subsidies, Not Tech

    Now that a lot of powerful and omnipresent ‘tech’ (spying and policing) companies are rotting away we have golden opportunities to bring about positive change and maybe even recruit technical people for good causes



  10. Getting Back to Productive Computer Systems Would Benefit Public Health and Not Just Boost Productivity

    “Smartphoneshame” (shaming an unhealthy culture of obsession with “apps”) would potentially bring about a better, more sociable society with fewer mental health crises and higher productivity levels



  11. Links 04/02/2023: This Week in KDE and Many More Tech Layoffs

    Links for the day



  12. Dotcom Boom and Bust, Round 2

    The age of technology giants/monopolies devouring everything or military-funded (i.e. taxpayers-subsidised) surveillance/censorship tentacles, in effect privatised eyes of the state, may be ending; the United States can barely sustain that anymore and raising the debt ceiling won't solve that (buying time isn't the solution)



  13. Society Would Benefit From a Smartphoneshame Movement

    In a society plagued by blackmail, surveillance and frivolous lawsuits it is important to reconsider the notion of “smart” phone ownership; these devices give potentially authoritarian companies and governments far too much power over people (in the EU they want to introduce new legislation that would, in effect, ban Free software if it enables true privacy)



  14. IRC Proceedings: Friday, February 03, 2023

    IRC logs for Friday, February 03, 2023



  15. IRC Proceedings: Thursday, February 02, 2023

    IRC logs for Thursday, February 02, 2023



  16. Links 03/02/2023: Proton 7.0-6 Released, ScummVM 2.7 Testing

    Links for the day



  17. Links 03/02/2023: OpenSSH 9.2 and OBS Studio 29.0.1

    Links for the day



  18. Links 03/02/2023: GNU C Library 2.37

    Links for the day



  19. Sirius Finished

    Yesterday I was sent a letter approving my resignation from Sirius ‘Open Source’, two months after I had already announced that I was resigning with immediate effect; they sent an identical letter to my wife (this time, unlike before, they remembered to also change the names!!)



  20. The Collapse of Sirius in a Nutshell: How to Identify the Symptoms and Decide When to Leave

    Sirius is finished, but it's important to share the lessons learned with other people; there might be other "pretenders" out there and they need to be abandoned



  21. Links 03/02/2023: WINE 8.1 and RapidDisk 9.0.0

    Links for the day



  22. Links 02/02/2023: KDE Gear 22.12.2 and LibreOffice 7.5

    Links for the day



  23. Linux News or Marketing Platform?

    Ads everywhere: Phoronix puts them at the top, bottom, navigation bar, left, and right just to read some Microsoft junk (puff pieces about something that nobody other than Microsoft even uses); in addition there are pop-ups asking for consent to send visitors’ data to hundreds of data brokers



  24. Daily Links at Techrights Turn 15, Time to Give Them an Upgrade

    This year we have several 15-year anniversaries; one of them is Daily Links (it turned 15 earlier this week) and we've been working to improve these batches of links, making them a lot more extensive and somewhat better structured/clustered



  25. Back to Focusing on Unified Patent Court (UPC) Crimes and Illegal Patent Agenda, Including the EPO's

    The EPO's (European Patent Office, Europe's second-largest institution) violations of constitutions, laws and so on merit more coverage, seeing that what's left of the "media" not only fails to cover scandalous things but is actively cheering for criminals (in exchange for money)



  26. European Patent Office Staff Votes in Favour of Freedom of Association (97% of Voters in Support)

    The Central Staff Committee (CSC) at the EPO makes a strong case for António Campinos to stop breaking and law and actually start obeying court orders (he’s no better than Benoît Battistelli and he uses worse language already)



  27. Links 02/02/2023: Glibc 2.37 and Go 1.20

    Links for the day



  28. IRC Proceedings: Wednesday, February 01, 2023

    IRC logs for Wednesday, February 01, 2023



  29. Links 01/02/2023: Security Problems, Unrest, and More

    Links for the day



  30. Links 01/02/2023: Stables Kernels and Upcoming COSMIC From System76

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts