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

06.25.09

Formal Complaint Against European Commission for Harbouring Microsoft Lobbyists

Posted in Antitrust, Europe, Microsoft at 3:33 pm by Dr. Roy Schestowitz

EU flag

Summary: European Ombudsman to receive complaint about Lars Hindkjær Pederse, who hides Microsoft lobbyists like Jonathan Zuck

THIS will hopefully be the last part in a series that attempts to expose how Microsoft derails European policy, using lobbyists. Some months ago we caught an example and for a bit of chronology, see:

The European Commission did not respond to our request for input regarding contributions from Microsoft lobbyists. Here is a portion of my last exchange with the Commission:

>>> * 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.”

Hi,

Thank you. Some files are still missing.

I shall ask again for more documents, including written contributions of the different participants. What you are giving me are the final papers, not the history of the whole editing process.

It has been 2 weeks. No reply, obviously.

As one of our readers rightly puts it, “They also made a mockery of our request, the Zuck contribution is not even in there.” It is kindly advised that Europeans reading this site proceed to the Ombudsman immediately and file a complaint. As a regular reader puts it, “Why does the Commission continue to hide documents published by Wikileaks?”

Here is another newer leak (not from us) regarding the Commission’s sheltering of Microsoft lobbyists.

Request:

“* 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.” ”

Answer:

“We are unable to identify the documents referred to in the 6th item “all submissions from industry to the ESS consultation”, as we notified you previously (see our emails dated 15th April 2009, 8th May 2009 and 27th of May 2009).”

Where is the contribution from ACT in the Commission answer?

Glyn Moody took a look at documents that we had obtained and shared. He then wrote about SAP’s role in this whole fiasco. SAP and Microsoft are very, very close to each other.

For example, the European Commission organised seven workgroups looking at various aspects of European software policy. One of these was on open source. Among the groups taking part in this was the Free Software Foundation Europe, and SAP. At the end of their joint report (PDF, HTML), there are a number of appendices that represent the particular views of participants. SAP’s is by far the longest, running to some 17 pages.

Most of that space is used to bolster the following statements through supporting comments of various kinds (mostly links to news items):

A number of key open source projects depend on the contributions by mixed source / hybrid model companies

Hybrid / mixed source models seem to be a key element of the larger open source ecosystem

Open source development like closed source development has its pros and cons

It is very difficult to discriminate between open source and non-open source vendors any longer

Open source software is proprietary as well

Different business models and business interest lead to different positions regarding IPR, standardization and interoperability

I have obtained a complaint form from the Ombudsman and filed a complaint at the ombudsman against Lars Hindkjær Pedersen and the European Commission, DG InfoSoc. For those who are able and willing to help using similar complaints, here is how I completed the form that I shall drop in the postbox tomorrow:

3: Misconduct and delay: public access request concerning documents about the European Software Strategy (ESS) under Lars Hindkjær Pedersen and several colleagues at the European Commission, DG Infosoc

4. Breach of Article 255 TEC – improper conduct and delay of the Commission in its application of directive EC/1049/2001 concerning repeated and confirmatory request for document access

- alleged difficulty in finding documents which relate to the ESS. The Commission confirmed a provided non-exhaustive list and helped find some of the documents, but repeated the call for clarifications ad nauseam.

- The request and communication was directed to the department in charge of the European Software Strategy (ESS), who are in possession of relevant documents.

- deadlines under the legal base have expired without grant of any access to the requested documents or an official decision.

5.

- grant access and help to identify the documents, cmp. Article 15 EC/1049/2001

- examine all documents in their possession concerning the ESS process.

- meet the legal requirements under Article 15 EC/1049/2001

6.
- yes.

7.
- cmp. Article 8 c) EC/1049/2001

8.
- no

9.

10
- no

For those who are willing to do likewise, please fill it out, then sent it to The European Ombudsman — 1 Avenue du Président Robert Schuman — B.P. 403 — FR- 67001 Strasbourg Cedex — France.

“Value your freedom or you will lose it, teaches history. “Don’t bother us with politics,” respond those who don’t want to learn.”

Richard Stallman

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

3 Comments

  1. max stirner said,

    June 25, 2009 at 5:02 pm

    Gravatar

    good work!!

  2. amd-linux said,

    June 26, 2009 at 1:30 am

    Gravatar

    +1

  3. twitter said,

    July 18, 2009 at 10:33 am

    Gravatar

    Submitted to Slashdot here. Keep up the good work.

What Else is New


  1. Links 29/9/2014: OpenDaylight Helium Release

    Links for the day



  2. European Patent Office Disorganisation: Problems With the Audit Mechanisms - Part IV

    A prelude to a long article about a thug called Topić, his controversial Battistelli-sponsored appointment, and the removal of auditory functions by Battistelli



  3. More Good News About Demise of Software Patents and Along With Them, Consequently, Patent Trolls

    A weekly roundup of news about patents in the United States and elsewhere, with special focus on software patents



  4. IRC Proceedings: June 22nd, 2014 – September 13th, 2014

    Many IRC logs



  5. Links 28/9/2014: Moto X, End of OpenSUSE 11.4

    Links for the day



  6. CBS Continues to Get Heavily Occupied by Microsoft Staff to Spread Microsoft Propaganda

    The CBS-owned ZDNet continues to hire people who have worked or are currently working for Microsoft and unsurprisingly enough they use their newly-acquired positions to praise Microsoft and bash Microsoft's competition, usually with no disclosure of their conflict of interest



  7. Links 27/9/2014: Linux (Almost) Everywhere, Features Of Linux 3.17

    Links for the day



  8. Microsoft Fakes 'Charity' and Uses Religious Groups to Acquire Lock-in in the Public Sector

    Microsoft's involvements with NGOs and with governments lead to more distrust, more surveillance, less freedom, and ultimately systemic corruption



  9. Bill Gates' Privatisation Crusade

    Mr. Gates, seeking to increase his huge profits and political power, reaches out to Catholic leaders and David Christian



  10. Tux Machines Under DDOS Attack

    Most of Tux Machines continues to work as usual, but some parts are temporarily restricted to keep the server running



  11. Links 26/9/2014: LibreOffice Celebrations, Betas of *buntu

    Links for the day



  12. Links 25/9/2014: KDE Roadmap, Bash Bug, GNOME 3.14 in Next Fedora

    Links for the day



  13. Links 24/9/2014: GNOME 3.14 Released, Bash Has a Bug

    Links for the day



  14. Links 21/9/2014: Fedora 21 Alpha

    Links for the day



  15. More of Bill Gates' Investments in GMO and Mass Indoctrination Under the Disguise of 'Donations'

    Microsoft's arrogant and famously corrupt co-founder is taken to task by those whom he is trying to bamboozle for monopoly, unlimited cross-generational power, and never-ending profit without risk



  16. Home Depot Confirmed a Victim of Microsoft's Bad Security, Microsoft Lays Off Security-Related Staff

    News reports circulate showing that Home Depot was knowingly careless with its Windows dependency while Microsoft lays off staff focused on security



  17. European Patent Office/Organisation - Suspicion of Improper Collusion Between EPO President and Chairman of the Administrative Council: Part III

    A preliminary look at Battistelli's reign and how regulatory powers got abolished, leaving the EPO reckless and largely unaccountable



  18. Links 21/9/2014: xorg-server 1.16.1, Linux Kernel 3.16.3

    Links for the day



  19. Links 20/9/2014: GNOME 3.13.92, Android L

    Links for the day



  20. Scanning Patent Troll Implodes; Is the Podcasting Patent Troll Next?

    MPHJ loses and Personal Audio LLC perhaps wins for the last time since software patents are quickly losing legitimacy in the United States



  21. If CAFC is Not Above the Law, Then it Should be Shut Down Now

    A long series of abuses in CAFC may as well suggest that this court has become broken beyond repair



  22. The Latest From Microsoft Patent Trolls and Patent Partners

    Microsoft-linked and Linux-hostile trolls continue their relentless attacks (albeit with little or no success) while patents as a weapon lose their teeth owing to a Supreme Court ruling



  23. Microsoft Proves That Its Massive Layoffs Are Not About Nokia

    Microsoft is laying off a lot of employees who have nothing at all to do with Nokia



  24. Links 19/9/2014: Another Red Hat Acquisition, Netflix Dumps Microsoft Silverlight and Brings DRM to WWW

    Links for the day



  25. Links 18/9/2014: Windows Copying GNU/Linux, Germany Moves to Security

    Links for the day



  26. Web Site 'Patent Progress' Now Officially 'Powered by CCIA' (FRAND Proponent, Microsoft Front)

    After talking a job at CCIA, "Patent Progress" and its chief author should be treated as dubious on real patent progress



  27. Articles About the Death of Software Patents in the United States

    Recent coverage of software patents and their demise in their country of origin, where even proponents of software patents are giving up



  28. The Death of Software Patents is Already Killing Some Major Patent Trolls

    VirnetX seems to be the latest victim of the demise of software patents in the United States



  29. More Microsoft Layoffs

    More Microsoft layoffs go ahead as the company is unable to compete



  30. ODF on the Rise

    Milestones for OpenDocument Format (ODF) and the launch of FixMyDocuments


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