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

05.22.09

2 Months and No Disclosure from the European Parliament

Posted in Europe, Free/Libre Software, Microsoft at 10:01 am by Dr. Roy Schestowitz

Budapest parliament

German parliament building at night

Summary: The illusion of transparency lingers on

THIS is the latest part in a series that explores Microsoft’s invasion into EU panels and the Commission’s unwillingness to allow transparency. To list previous posts chronologically (for context):

It has been two months and here is where we stand. They keep denying, procrastinating, and acting as though they don’t understand simple requests. The latest correspondence (anonymised) is below.

I hereby file a confirmatory application on grounds of Article 7(4) EC/1049/2001.

> 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, as we notified you previously (see our email dated 15th of April) we are unable to identify the documents refereed to in the sixth item “all submissions from industry to the ESS consultation”. Please could you clarify your request so that we may continue to process this item. You have previously clarified item 4 on your list but not item 6.
>
> We are currently collecting the other requested documents and expect that we will be able to forward them to you shortly.
>
> Yours sincerely,
>
> [anonymised]
>
> —–Original Message—–
> From: Roy Schestowitz [anonymised]
> Sent: Wednesday, April 15, 2009 5:47 PM
> To: [anonymised]
> Cc: s@schestowitz.com; [anonymised]
> Subject: Re: Gestdem 2009/1562 FW: Document access application purpusant to Article 6 EC/1049/2001 (D/116606)
>
> —–BEGIN PGP SIGNED MESSAGE—–
> Hash: SHA1
>
> “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.
>
>
> – –
> ~~ Best of wishes
>
> Roy S. Schestowitz
> http://Schestowitz.com | GNU/Linux | PGP-Key: 0x74572E8E
> Freelance journalist @ http://itmanagement.earthweb.com/
>
>
>> 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,
>>
>> [anonymised]

They cannot deny access for much longer. This are already well overdue. According to the rules:

Article 7

Processing of initial applications

1. An application for access to a document shall be handled promptly. An acknowledgement of receipt shall be sent to the applicant. Within 15 working days from registration of the application, the institution shall either grant access to the document requested and provide access in accordance with Article 10 within that period or, in a written reply, state the reasons for the total or partial refusal and inform the applicant of his or her right to make a confirmatory application in accordance with paragraph 2 of this Article.

2. In the event of a total or partial refusal, the applicant may, within 15 working days of receiving the institution’s reply, make a confirmatory application asking the institution to reconsider its position.

3. In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the time-limit provided for in paragraph 1 may be extended by 15 working days, provided that the applicant is notified in advance and that detailed reasons are given.

4. Failure by the institution to reply within the prescribed time-limit shall entitle the applicant to make a confirmatory application.

Article 8

Processing of confirmatory applications

1. A confirmatory application shall be handled promptly. Within 15 working days from registration of such an application, the institution shall either grant access to the document requested and provide access in accordance with Article 10 within that period or, in a written reply, state the reasons for the total or partial refusal. In the event of a total or partial refusal, the institution shall inform the applicant of the remedies open to him or her, namely instituting court proceedings against the institution and/or making a complaint to the Ombudsman, under the conditions laid down in Articles 230 and 195 of the EC Treaty, respectively.

2. In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the time limit provided for in paragraph 1 may be extended by 15 working days, provided that the applicant is notified in advance and that detailed reasons are given.

3. Failure by the institution to reply within the prescribed time limit shall be considered as a negative reply and entitle the applicant to institute court proceedings against the institution and/or make a complaint to the Ombudsman, under the relevant provisions of the EC Treaty.

They have no clue about the time limits of 1049/2001 and think they may discuss this ad nauseam. The process involving Ombudsman might be interesting.

On a related note, earlier today we were made aware of attempts in the UK to bring Free software to the government. Will the process be equally opaque?


UK citizens and MEPs support Europe-wide Free Software Pact

London, UK – Friday May 22, 2009 – The Free Software Pact initiative calls
upon UK citizens and MEP candidates to stand up for the principles of a
free society by backing free software in the upcoming European
Parliament elections on June 4, 2009.

The Free Software Pact is a European initiative to allow candidates for
the upcoming European elections to show the voting public that they
favour the development and use of free software, and will protect it
from threatening EU legislation. It is also a tool for citizens who
value free software to educate candidates about it’s importance and why
they should, if elected, protect the European free software community.
The European Parliament is the venue for crucial talks concerning free
software, including software patents, interoperability and net
neutrality. It is therefore vital to show election candidates why they
should support, and sign, the Free Software Pact.

Mark Taylor, the coordinator for the Free Software Pact in the UK,
said, The current UK Government is embarrassingly behind the rest of Europe in formulating public policy on the use of free software. Across the rest of the continent we see significant adoption and political support for free software. The Free software Pact is therefore an ideal way to draw attention to the reform the UK public sector needs and the enormous cost savings yet to be realized. For too long the UK has been dependent on the relationship with proprietary software companies like Microsoft, who are hell-bent on keeping our politicians confused on this matter. If you care about this situation, and the resulting cost to our economy, society and political culture, please contact the MEP candidates in your region and ask them to sign the Free Software Pact.

The Free Software Pact is also supported by Richard M. Stallman, founder
and president of the Free Software Foundation, who said, Big dangers threaten the freedoms of free software in Europe: software patents, digital restrictions management (DRM), bundled sales and treacherous computing… I call on all European citizens who value free software to join this campaign, contact their candidates and have them sign the Free Software Pact.

A list of UK MEP candidates and their contact details can be found at
http://www.bond.org.uk/pages/mep-candidate-contact-details.html.
Candidates can support the Free Software Pact by signing a copy of the
pact and faxing, mailing or emailing a copy by following the
instructions at
http://www.freesoftwarepact.eu/post/The-Free-Software-Pact.

About The Free Software pact

The Free Software Pact (FSP) is a citizen initiative, launched by Free
Software advocacy associations April (France, http://www.april.org) and
Associazione per il software libero (Italy,
http://www.softwarelibero.it), to coordinate a European scale campaign
in favour of free software. The FSP is providing materials and software
to any volunteer who contributes to the initiative. More information can
be found at their website http://www.freesoftwarepact.eu.

Media Contacts

Mark Taylor, UK Coordinator for the Free Software Pact

Phone: +44 7967 687379

Email: contact-uk@freesoftwarepact.eu

London - Big Ben

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

What Else is New


  1. The United Kingdom Should Dump Microsoft For the Sake of National Security

    The UK has issues of Microsoft dependency and Windows viruses; its migration to Free software and GNU/Linux is not fast enough to guard its autonomy in the age of digital imperialism<



  2. CBS Hires Even More Microsoft Staff to Cover Microsoft Matters

    CBS continues to be infested with Microsoft staff past and present (this time Dave Johnson) and the bias in output is quite revealing



  3. Microsoft Has Just Killed Minecraft for GNU/Linux and the Possibility of Free/Open Source Releases

    Persson sells out to Microsoft and lets the abusive monopolist destroy the popular cross-platform game that a community has been built around



  4. Another Reason to Boycott Intel UEFI

    More anti-competitive aspects are revealed inside UEFI, which helps merginalise GNU/Linux



  5. Quick Mention: Novell and SUSE Passed to Microsoft's 'Partner of the Year', Microsoft Focus

    Novell is changing hands again, and falling into the hands of even more Microsoft-friendly actors



  6. Links 16/9/2014: Linux 3.17 RC5, KDE Frameworks 5.2.0

    Links for the day



  7. Željko Topić, Benoît Battistelli, and the European Patent Office (EPO): Part II

    Part II of our look into the EPO appointment of Željko Topić and other matters showing the dubious integrity of the EPO



  8. Links 14/9/2014: Android-based Watches Earn Optimism

    Links for the day



  9. Links 14/9/2014: Eucalyptus Devoured

    Links for the day



  10. Links 11/9/2014: Linux Toilet Project, Linux-Based Wheelchair Project

    Links for the day



  11. Links 10/9/2014: Brian Stevens in Google, Ubuntu 14.10 Expectations

    Links for the day



  12. Links 9/9/2014: Hating/Loving Linux, Android Aplenty

    Links for the day



  13. Links 8/9/2014: Linux 3.17 RC 4, Switzerland Welcoming Snowden

    Links for the day



  14. Suspicion of High-Level Corruption at the European Patent Office (EPO): Part I

    The European Patent Office (EPO) Vice-President has a background of corruption and his appointment to the EPO too is believed to be reliant on systemic corruption



  15. Links 6/9/2014: Core OS at DigitalOcean, Women in Xorg

    Links for the day



  16. Software Patents 'Quality' Debated in Courts, Microsoft's Biggest Patent Troll Still a Chronic Liar

    Intellectual Ventures, Microsoft's and Bill Gates' largest patent proxy, continues to spread lies about its motivations, claiming that patent assessment is among the goals when in fact only the courts and patent offices do this



  17. New Article Explains How Bill Gates Prevents Schools From Moving to GNU/Linux and Free Software

    A new article from Al Jazeera provides details about the role of so-called 'charities' of billionaires inside school systems



  18. Microsoft Sued for Large-scale Copyright Abuses

    Microsoft reveals its disregard for copyright law which it loves so much to wield as a weapon against its competition and clients



  19. Links 5/9/2014: New WordPress, Systemd Debate Continues

    Links for the day



  20. 'Embrace and Extend' at Microsoft: The New Generation

    Some of the latest examples of Microsoft's predatory acts against Free software and against competition in general, disguised as acts of friendliness



  21. Bill Gates' God Complex: Common Core a One-Man Campaign of Greed and Control

    The push for Common Core is overwhelmingly dominated by Bill Gates, who intimidates and even resorts to retribution against critics while bribing those who help him accomplish the goal of privatised (for his private profit) indoctrination in US schools



  22. Bill Gates Investments Harm the World, Not Improve the World, Based on New Exclusive Piece of Investigative Journalism at The Nation

    The Gates Foundation's profiteering efforts and lack of ethics outlined in a new report that many sites around the Web find fascinating and mostly irrefutable



  23. Links 3/9/2014: Android Gadgets, New Tails OS

    Links for the day



  24. Linus Torvalds DebConf Talk

    Torvalds' latest talk which got media attention earlier this month



  25. Microsoft Should Not be Considered Too Big to Jail

    Microsoft continues to use dumping as a strategy which revolves around starving the competition, not beating the competition



  26. Pro-Software Patents Voices Finally Acknowledge the Demise of Software Patents in the United States

    A milestone is reached as even the most zealous supporters of patents on algorithms (or computer-implemented inventions, or software patents) are admitting that the era of software patents may be over



  27. New Lies About Microsoft 'Privacy' and New FUD Against the GPL Comes From 'Former' Microsoft Staff at Black Duck

    More AstroTurfing by sites that are run by Microsoft MVPs and firms which were created by people from Microsoft



  28. Links 2/9/2014: GNU/Linux in BBC, Calls Against systemd

    Links for the day



  29. Links 1/9/2014: Poettering on systemd, ITNews on DBMSs

    Links for the day



  30. Moving Away From Windows to GNU/Linux and the Abandonment of Windows as the Modest Proposal These Days

    Morale of GNU/Linux and an embrace of GNU/Linux is very high, despite recent propaganda from Microsoft MVPs and boosters (primarily security-themed and Munich-themed FUD)


CoPilotCo

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

CoPilotCo

Recent Posts