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. Microsoft and Its Patent Trolls Continue Their Patent War, Including the War on Linux

    Microsoft is still preying on GNU/Linux using patents, notably software patents; it wants billions of dollars served on a silver platter in spite of claims that it reached a “truce” by joining the Open Invention Network and joining the LOT Network



  2. Director Iancu Generally Viewed as a Lapdog of Patent Trolls

    As Director of the Office, Mr. Iancu, a Trump appointee, not only fails to curb patent trolls; he actively defends them and he lowers barriers in order to better equip them with bogus patents that courts would reject (if the targets of extortion could afford a day in court)



  3. Links 17/3/2019: Google Console and IBM-Red Hat Merger Delay?

    Links for the day



  4. To Team UPC the Unified Patent Court (UPC) Has Become a Joke and the European Patent Office (EPO) Never Mentions It Anymore

    The EPO's frantic rally to the very bottom of patent quality may be celebrated by obedient media and patent law firms; to people who actually produce innovative things, however, this should be a worrisome trend and thankfully courts are getting in the way of this nefarious agenda; one of these courts is the FCC in Germany



  5. Links 16/3/2019: Knoppix Release and SUSE Independence

    Links for the day



  6. Stopping António Campinos and His Software Patents Agenda (Not Legal in Europe) Would Require Independent Courts

    Software patents continue to be granted (new tricks, loopholes and buzzwords) and judges who can put an end to that are being actively assaulted by those who aren't supposed to have any authority whatsoever over them (for decisions to be impartially delivered)



  7. The Linux Foundation Needs to Speak Out Against Microsoft's Ongoing (Continued) Patent Shakedown of OEMs That Ship Linux

    Zemlin actively thanks Microsoft while taking Microsoft money; he meanwhile ignores how Microsoft viciously attacks Linux using patents, revealing the degree to which his foundation, the “Linux Foundation” (not about Linux anymore, better described as Zemlin’s PAC), has been compromised



  8. Links 15/3/2019: Linux 5.0.2, Sublime Text 3.2

    Links for the day



  9. The EPO and the USPTO Are Granting Fake Patents on Software, Knowing That Courts Would Reject These

    Office management encourages applicants to send over patent applications that are laughable while depriving examiners the freedom and the time they need to reject these; it means that loads of bogus patents are being granted, enshrined as weapons that trolls can use to extort small companies outside the courtroom



  10. CommunityBridge is a Cynical Microsoft-Funded Effort to Show Zemlin Works for 'Community', Not Microsoft

    After disbanding community participation in the Board (but there are Microsoft staff on the Board now) the "Linux Foundation" (or Zemlin PAC) continues to take Microsoft money and polishes or launders that as "community"



  11. Links 14/3/2019: GNOME 3.32 and Mesa 19.0.0 Released

    Links for the day



  12. EPO 'Results' Are, As Usual, Not Measured Correctly

    The supranational monopoly, a monopoly-granting authority, is being used by António Campinos to grant an insane amount of monopolies whose merit is dubious and whose impact on Europe will be a net negative



  13. Good News Everyone! UPC Ready to Go... in 2015!

    Benoît Battistelli is no longer in Office and his fantasy (patent lawyers' fantasy) is as elusive as ever; Team UPC is trying to associate opposition to UPC with the far right (AfD) once again



  14. Links 13/3/2019: Plasma 5.15.3,Chrome 73 and Many LF Press Releases

    Links for the day



  15. In the Age of Trumpism EFF Needs to Repeatedly Remind Director Iancu That He is Not a Judge and He Cannot Ignore the Courts

    The nonchalance and carelessness seen in Iancu's decision to just cherry-pick decisions/outcomes (basically ignoring caselaw) concerns technologists, who rightly view him as a 'mole' of the litigation 'industry' (which he came from)



  16. Links 12/3/2019: Sway 1.0 Released, Debian Feuds Carry On

    Links for the day



  17. Microsoft is Complaining About Android and Chrome OS (GNU/Linux) Vendor Not Paying for Microsoft Patents (Updated)

    Microsoft, which nowadays does the patent shakedown against GNU/Linux by proxy, is still moaning about companies that don’t pay ‘protection’ money (grounds for antitrust action or racketeering investigation)



  18. Watchtroll Has Redefined "Trolls" to Mean Those Who Oppose Software Patents (and Oppose Trolls), Not Those Who Leverage These for Blackmail Alone

    The controversial change to 35 U.S.C. § 101 guidance is being opposed by the public (US citizens who oppose American software patents), so patent maximalists like Janal Kalis (“PatentBuddy”) and extremists like Gene Quinn (Watchtroll) want us to believe that the public is just “EFF” and cannot think for itself



  19. EPO's Latest 'Results' Show That António Campinos Has Already Given Up on Patent Quality and is Just Another Battistelli

    The patent-granting machine that the EPO has become reports granting growth of unrealistic scale (unless no proper examination is actually carried out)



  20. Links 11/3/2019: Linux 5.0.1, Audacity 2.3.1, GNU Coreutils 8.31

    Links for the day



  21. US Patent Law Currently Not Changing Much and Software Patents Are Still in Limbo

    Surveying the news, as we still meticulously do (even if we don't write about it), it seems clear that American courts hardly tolerate software patents and proponents of such patents are losing their voice (or morale)



  22. EPO Examiner: “I Have Been Against Software Patents and Eventually 3/4 of My Job is Examining Software Patent Applications.”

    Overworked examiners aren't being given the time, the tools and the freedom to reject patents, based on prior art, patent scope and so on; it is beginning to resemble a rubber-stamping operation, not an examining authority



  23. Europe Will Pay a High Price for Software Patents Advocacy by António Campinos in Europe's Patent-Granting Authority

    EPO President António Campinos — like Iancu at the U.S. Patent and Trademark Office (USPTO) — is still promoting software patents in Europe even though such patents are clearly detrimental to Europe’s interests



  24. António Campinos -- Like His Father -- Lacks Support From Colleagues, Endorsed Only From the Top

    History lessons from Wikileaks



  25. Links 10/3/2019: GNU and GNOME Releases

    Links for the day



  26. Koch Brothers' Oil Money is Poisoning Academia and Distorting Scholarly Work/Research on Patents

    Meddling in patent law by the Kochs, the oil tycoons who can be seen everywhere Conservative think tanks are, shows no signs of abatement



  27. From Patents on Chewing Gum to Toothpaste Patents: How the EPO Came to Focus on Speed and Volume, Not Quality

    There’s still no proper quality control in place for European Patents — a severe problem which will only further exacerbate the legal uncertainty associated with all European Patents



  28. European Patent Office Press Releases (Two in Two Days) Are Disguised as 'News' and Tell the Opposite of the Truth

    The Office under the 'new' and 'improved' leadership of António Campinos seems to be repeating the mistakes of Battistelli by discrediting anything it says; its press releases, characteristically dubbed "news" for some reason, bear no resemblance to reality and are detached from facts EPO insiders have long known



  29. Links 9/3/2019: International Women’s Day, QtLottie

    Links for the day



  30. António Campinos Will Not Tackle Any of the Lingering Issues at the European Patent Office

    A man of his war (or his master's war) rather than his word, Mr. Campinos makes it abundantly clear that patent quality issues are off the agenda and corruption persists without it ever being tackled


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