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 Lays Off Staff, Cheapens Labour as More Companies Are Dumping Microsoft's Lock-in, NSA-Friendly Services, and Windows

    A look at some of Microsoft's latest woes, including an appeal for cheaper labour amid decrease in business



  2. Links 19/12/2014: Robolinux 7.7.1 LXDE, Red Hat Thriving

    Links for the day



  3. Another Microsoft Partner Markets Linux FUD Using Logo, Name, and Lies

    Microsoft's partner Alert Logic is trying to label a feature of Linux a security flaw and even makes marketing buzz for it



  4. Redmonk is Spreading Black Duck's Anti-GPL Talking Points After Payments From Black Duck, Microsoft

    CBS' ZDNet spreads the GNU-hostile narrative which comes from Redmonk, funded by Microsoft and Black Duck, citing Black Duck, which also comes from Microsoft and is a partner of Microsoft



  5. 'Good' Software Patents From EA Show Cases Where DRM is a Patent Infringement

    Where two evils collide the public benefits, or how some software patents discourage the use of DRM



  6. Richard Stallman: What Does It Mean for Your Computer to Be Loyal?

    New article from Richard Stallman



  7. Links 18/12/2014: LinuxQuestions.org Polls, Fedora for POWER

    Links for the day



  8. Links 16/12/2014: Google and ODF, Civilization: Beyond Earth Comes to GNU/Linux

    Links for the day



  9. Bill Gates' Pet Troll Intellectual Ventures is Collapsing as Founder Quits

    Intellectual Ventures founder leaves after an exceptionally large round of layoffs, despite [cref 77299 recent subsidies from Sony and Microsoft]



  10. Keeping Software Patents Out of Europe Following the Demise of Software Patents in the US

    Instability in the EPO seemingly prevents further expansion of patent scope, which is the subject of scrutiny of EPO staff



  11. Links 15/12/2014: OSI 2014 Annual Report, GPLv2 Court Test

    Links for the day



  12. Links 14/12/2014: Calligra 2.9 Beta, Krita 2.9 Beta

    Links for the day



  13. Software Patents Are Dying in the US, But Patent Lawyers Refuse to Admit It

    Patent lawyers continue to distort the reality of software patents' demise in the United States



  14. Links 13/12/2014: Android Wear “Lollipop”, European Commission and FOSS

    Links for the day



  15. Time to Take Microsoft Out of British Aviation Before Planes Crash Into Buildings

    London's mighty Heathrow Airport among those affected by a Microsoft-reliant air traffic control system which is not being able to properly recover from an outage, and not for the first time either



  16. News From France and Germany: Battistelli Under Fire, But Not Fired Yet, Just Firing His Opposition

    The régime headed by Benoît Battistelli and his criminal deputy continues to overthrow or pressure out everyone who is not 'loyal' to the régime



  17. Links 12/12/2014: Linux++, KDE Frameworks 5.5.0, Calligra 2.8.7

    Links for the day



  18. The USPTO is Broken: New Evidence Presented

    The scope of patents, as evidenced by some statistical figures and individual patents, shows that the USPTO is broken and must be reformed or dismantled



  19. US Patent Reform (on Trolls Only) More or Less Buried or Ineffective

    An update on efforts to reform the patent system in the United States, including the possibly imminent appointment of Michelle Lee to USPTO leadership role



  20. Software Patents in Canada Not Dead Yet

    Canada's patent status quo increasingly like that of the United States and Canadian giants like BlackBerry now pose a threat to software developers



  21. Dreaming of a Just Christmas: When a Third of EPO Walks Out to Revolt and European Judges Attack the EPO Over Abuses

    Information about the abuses of Battistelli et al. at the EPO are finally receiving wider coverage and increasing the strain on Battistelli's authoritarian reign



  22. Links 11/12/2014: Red Hat Enterprise Linux 7.1 Beta, Firefox 35 Plans

    Links for the day



  23. Ubuntu Core Announcement is Not About Microsoft and Hosting Ubuntu on Azure is Worse Than Stupid

    The power of media spin makes the idea of hosting Free software under the control of an NSA PRISM and back doors partner seem alluring



  24. France Gets Involved in Battistelli's Abuses in the EPO - Part XII (Updated)

    The EPO scandal has officially spilled over to France, where a French Senator got involved and starts asking serious questions



  25. Rolling of Heads Likely Imminent at EPO

    The European patent system is shaking as management breaks the rules, staff is protesting against the management every week, and charges of corruption resurface



  26. Links 11/12/2014: systemd 218, Empire Total War

    Links for the day



  27. Links 10/12/2014: Fedora 21, Ubuntu Core

    Links for the day



  28. Links 9/12/2014: Fedora 21 and Torture Report Are Out

    Links for the day



  29. Exclusive: The Enlarged Board of Appeal Complains About Battistelli's Corrupt Management to the Administrative Council (Updated)

    Text of the complaint from the Enlarged Board of Appeal (EBoA) reaches Techrights, demonstrating just how rampant the abuse in Battistelli's EPO has become



  30. Protests Against EPO Corruption Approach 1,000 in Attendance

    EPO staff at all levels is revolting against the management of the EPO, whose dismissal seems to be only a matter of time


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