EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

04.30.09

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 this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

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.

What Else is New


  1. Red Hat's Freedom Reduced to Just Online Partner Enablement Network (OPEN) and Microsoft as a Close Partner; Canonical's Ubuntu Just an 'App' for Windows?

    Free software is being snapped up by proprietary software giants and patent bullies that treat it as little more than an 'add-on' for their proprietary offerings



  2. Linux Foundation Apparently Celebrates Sysadmin Day With a Microsoft Windows Site!

    The Linux Foundation shows ‘love’ to actual GNU/Linux (the real thing) by apparently rejecting it and badmouthing it



  3. EPO Looney Tunes – Part 3: The Legal Line-up for G 2/19

    The deck appears to have already been stacked for G 2/19, a decision on EPO judges' exile to Haar (veiled disciplinary action/collective punishment by those whom the judges are supposed to 'oversee')



  4. Links 17/7/2019: VirtualBox 6.0.10 and Mageia 7.1 Releases, Mint Betas

    Links for the day



  5. Links 16/7/2019: Btrfs Gets 'Cleaned Up', Clonezilla Live 2.6.2-15

    Links for the day



  6. EPO Looney Tunes - Part 2: The “Difficult Legacy” and Its Dark Historical Shadow

    Assuming that he was informed, then it seems fair to say that Battistell’s little “joke” at the expense of the Boards was in very bad taste



  7. EPO Noise Machine Turned On as Haar Hearing Kicks Off, Patrick Corcoran Defamed Again

    The EPO does not want people to hear about Haar; it just wants people to hear about how wonderful the EPO is and there are some who have just decided to slander Patrick Corcoran again



  8. Microsoft is 'Doing Kamikaze' (神風) on Linux

    An analogy for what the Linux (only in name!) Foundation and Microsoft mean to Linux — or by extension to GNU/Linux and Free software whose largest repository Microsoft took control of



  9. The 'New' Linux.com Sometimes Feels Like a Microsoft Promotion Site

    Anything that the ‘Linux’ Foundation touches seems to turn into its proprietors’ agenda; one of those proprietors is Microsoft, which has a "Jihad" against Linux



  10. IBM is a Threat to the Internet, Not Just to Software Development (Due to Software Patents Aggression)

    IBM continues its aggression against technology — a fact that’s even more distressing now that IBM calls the shots at Red Hat



  11. EPO Looney Tunes - Part 1: Is D-Day Approaching for Battistelli’s “Difficult Legacy”?

    European patent justice isn’t working within the premises of EPOnia; a bunch of ‘show trials’ may in fact turn out to be just that — a show



  12. Links 16/7/2019: LXD 3.15, Q4OS 3.8 and D9VK 0.13f

    Links for the day



  13. Links 15/7/2019: Vulkan 1.1.115 and Facebook Openwashing

    Links for the day



  14. Microsoft Office 360 Banned

    OpenDocument Format (ODF, a real standard everyone can implement) and Free/libre software should be taught in schools; it's not supposed to be just a matter of privacy



  15. Microsoft, in Its Own Words...

    Sociopathy, incompetence and intolerance of the rule of law, as demonstrated by Microsoft's top managers



  16. Microsoft's WSL is Designed to Weaken GNU/Linux (on the Desktop/Laptop) and Strengthen Vista 10

    What Microsoft does to GNU/Linux on the desktop (and/or laptop) bears much resemblance to what Microsoft did to Java a couple of decades ago



  17. Links 14/7/2019: Linux 5.2.1, Unreal Engine 4.23 Preview, Linux Mint 19.2 Beta

    Links for the day



  18. 25,500 Blog Posts and Pages

    With our thirteenth anniversary just a few months away we're at a pace of about 2,000 posts per year



  19. With WSL Microsoft is Doing to GNU/Linux What It Did to Netscape

    Embrace, extend, extinguish. Some things never really change even if they become an old and repetitive accusation.



  20. Allowing Bad Guests to Become the Hosts

    Why the so-called 'Linux Foundation', a nonprofit that acts more like a PAC controlled by proprietary software companies and people who don't even use Linux, is increasingly becoming a Linux-hostile front group



  21. Honesty and Collaboration Make Free Software Stronger, Microsoft is Inherently a Misfit

    In spite of all the lies Microsoft and its Web sites spew out on a daily basis, nothing has really changed and Microsoft is still attacking Software Freedom (mostly from the inside nowadays, helped by FUD proxies such as WhiteSource and Snyk)



  22. Patent Certainty Waning, But That's Still OK for Patent Trolls

    Patent maximalism remains a threat to everyone but patent lawyers (and patent office chiefs who measure their own performance only by the number of patents granted); best served are the patent trolls who extrajudicially attack already-impoverished parties behind closed doors



  23. GitHub is Microsoft's Proprietary Software and Centralised (Monopoly) Platform, But When Canonical's Account There Gets Compromised Suddenly It's Ubuntu's Fault?

    Typical media distortions and signs that Microsoft already uses GitHub for censorship of Free/Open Source software that does not fit Microsoft's interests



  24. Canonical is Turning Ubuntu Into a More Proprietary Deviant of GNU/Linux

    Ubuntu is becoming more 'Ubinary'; binaries without their source code available are packed up and cooked up for (or baked into) the ISO; this may be good for widespread adoption, but it's not an advancement of freedom, a capitulation rather



  25. Links 13/7/2019: Librem 5 July Update, Project Trident 19.07, KDE Frameworks 5.60.0

    Links for the day



  26. The Problem Isn't Women or Minorities in Free Software But Particular Corporations That Exploit or Steer or Hijack Their Agenda

    If technical issues are being disguised using colours and genders (among other things), then it's important to highlight who's behind it (what company/ies) rather than fling back insults at people because it makes things worse



  27. There's No Such Thing as Cloud Computing, Serverless and All That Other Nonsense

    Buzzwords. Confronted.



  28. Linux is Doing 'Well' Only for Those Who Dislike Software Freedom and Love Control Over Users

    Linux, the kernel, has become a corporate playground or a sandbox that's used to upsell proprietary software, including surveillance; freedom in Linux is gradually being diminished if not completely obliterated and it does not worry the foundations entrusted to guard against it



  29. Consultation About Direction and Future Focus for Techrights

    We invite ideas and recommendations for the future of the site, notably which topics and aspects are worth covering as a matter of higher priority



  30. European Media Continues to Ignore the EPO Crisis While Law Firms and EPO Management Cover Things Up

    The EPO crisis silently deepens because serious problems are lied about, not acknowledged, and the legitimacy of European Patents is greatly diminished, not to mention the EPO's ability to attract talent


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