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. Links 22/11/2014: Linux Mint 17.1, Ubuntu MATE

    Links for the day



  2. Links 21/11/2014: Problems at Debian, Jolla Tablet

    Links for the day



  3. Links 18/11/2014: Linux 3.18 RC 5, New DigiKam

    Links for the day



  4. Special Report: Many Criminal Charges Against EPO Vice-President Željko Topić

    The abuses of Željko Topić, who has gained notoriety in his home country, are rapidly becoming public knowledge across all of Europe



  5. Links 16/11/2014: Xfdesktop 4.10.3, GNU Hello 2.10

    Links for the day



  6. Microsoft is Going Into the Anti-Whistleblowing Business, Dodges Criticism Over 19-Year Bug Door in Windows

    With Aorato acquisition Microsoft helps protect the criminals (from whistleblowers) and with lies about .NET Microsoft distracts from a bug that has facilitated remote access into Windows (by those in the know) for nearly two decades



  7. Reaffirming Microsoft's Long-Known Hostility Towards Net Neutrality, Microsoft Crashed Juniper

    Steve Ballmer is ranting against net neutrality and Juniper's business is in trouble after a lot of executives from Microsoft took over most top positions there



  8. Another Massive Step Towards Elimination of Software Patents as Even CAFC Rules Against Them

    After SCOTUS gets involved in the Ultramercial case, the CAFC finally decides to actually serve justice rather than dogma



  9. The GOP's Patent Reform Plan Not Effective Enough to Stop Massive Patent Trolls Like Microsoft/Nokia

    The corporations-serving GOP says that it wants a patent reform, but another reminder is needed of the futility of the suggested changes



  10. How the EPO's Executive Branch (Battistelli and Topić) Banned Scrutiny and Created Authoritarian Model of Control: Part X

    A look at highly dubious moves by EPO President Battistelli and his right-hand man Topić, whose abuses are becoming hard to oversee or even report



  11. Links 15/11/2014: Linux Mint 17.1 Release Candidate, Popcorn Time 0.3.5

    Links for the day



  12. IRC Proceedings: October 26th, 2014 – November 8th, 2014

    Many IRC logs



  13. The Terrible Joke Which is Microsoft 'Loving' Linux: Nightmares With UEFI 'Secure' Boot (i.e. Windows Monopoly Imposed) Continue to Affect GNU/Linux Users

    A reminder of Microsoft's sheer hostility towards GNU/Linux and long-reaching sabotage of GNU/Linux installations



  14. Patent Lawyers Worry About Section 101 in 'Alice' (and Other Patent News)

    A quick roundup of news of interest regarding software patents



  15. Will Write for FUD (Against FOSS)

    Black Duck rears its ugly head again, serving to show that it is in the business of changing perceptions and not in the information or analysis business



  16. Debunking Several Days of Never-Ending Lies About Microsoft and .NET

    .NET is not "Open Source", it cannot be forked (there remains patent threat), Visual Studio is still completely proprietary and it is expected to come to other platforms only because Windows has lost its dominance and Microsoft wants to perpetually control APIs (with software patents) and hence reign over developers



  17. Links 14/11/2014: LibreOffice 4.3.4, Ads Now in Firefox

    Links for the day



  18. Links 14/11/2014: GNOME 3.14.2, PulseAudio 6.0

    Links for the day



  19. Microsoft Windows is Still Designed as a Paradise of Back Doors, Intrusion, Wiretaps, and Interception

    At many levels -- from communication to storage and encryption -- Windows is designed for the very opposite of security



  20. Forget the FUD About Bash and OpenSSL, Microsoft Windows Blamed for Massive Credit Cards Heist

    Home Depot learns its lesson from a Microsoft Windows disaster, but it stays with proprietary software rather than move to software that is actively audited by many people and is inherently better maintained (Free/libre software)



  21. Windows 'Update' and NSA Back Doors, Including a 19-Year Bug Door in Microsoft Windows

    The back doors-enabled Microsoft Windows is being revealed and portrayed as the Swiss cheese that it really is after massive holes are discovered (mostly to be buried by a .NET propaganda blitz)



  22. Revealed: Microsoft is Trying to Corrupt the UK in Order to Eliminate Its OpenDocument Format-Oriented Standards Policy

    Microsoft interference with Britain's preference for ODF is now confirmed, thanks to a valuable news report from Computer Weekly; OOXML lock-in is being unleashed by Microsoft on Android users



  23. Links 13/11/2014: Ubuntu MATE 14.04.1 LTS, New KDE Plasma

    Links for the day



  24. .NET is NOT "Open Source", But Microsoft's Minions Shamelessly Openwash It Right Now

    The openwashing of .NET continues with yet another publicity stunt that is intended to lock in developers



  25. Links 11/11/2014: GNOME Trademark Dispute Settled, Mozilla Embraces Tor

    Links for the day



  26. Patent Reform Subversion After Republican (GOP) 'Win' in US Senate

    The Grand Corporations Party, or the political party which serves large businesses that are funding it, continues to just focus on a mirage of a 'reform' rather than tackle the real issues where culprits include very large businesses such as Microsoft and Apple



  27. Microsoft-Armed Patent Troll MOSAID (Now Conversant) Wants to Sweep up More Patents for Litigation

    Reports about patent trolls and scope of patents serve to show what the foes of Free software are up to right now



  28. When Courts in the US Attack the Right to Reuse APIs

    Challenging the clueless ruling from the Court of Appeals for the Federal Circuit in the United States (very pro-software patents and anti-computer science), notable programmers write to the highest court



  29. Links 10/11/2014: 2015 GNU/Linux Forecasts, Debian Shakeup

    Links for the day



  30. Links 7/11/2014: War Thunder on GNU/Linux, KaOS ISO 2014.11

    Links for the day


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