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. Some Patent Attorneys Dislike Techrights Not Because It's Wrong But Because Software Patents Are Wrong (and Sometimes Illegal)

    Odd rants which misuse common law and ignore alleged Fair Use (and misinterpretation of copyright law, for censorship purposes) would have people believe that we're wrong; but it's more likely that the person in question is jealous, insecure, or offended by our stance on patent scope, which is very much rooted in the law itself (and the views widely held by software developers globally)



  2. Guarding and Rescuing the FSF Titanic: Distro-libre and feature-schema

    "Every time a distro does not suit a user's purposes, and it is less work to adapt the distro on one's own than to affect the distro in any other way, a distro is born."



  3. Links 21/8/2019: Dell's XPS 13, Mesa 19.2 RC1, Librem Update

    Links for the day



  4. Links 21/8/2019: Open Source POWER, Alpine 3.10.2, Netrunner 19.08

    Links for the day



  5. Edward as a Nodder to Team UPC Kool-Aid

    Bristows LLP is at it again and it's getting pathetic, not just dishonest as usual



  6. Guest Post: António Campinos' European Patent Office Redefines Modern Slavery in the Heart of Europe in 2019

    The European Patent Office’s (EPO) President António Campinos — like his predecessor Battistelli — emulates Chinese labour practices



  7. Guarding and Rescuing the FSF Titanic: There is More Than One Iceberg Ahead

    "This strategy is not far from when Microsoft talked about "de-commoditizing protocols" in the late 90s, as part of their plans to control, dominate, and end Open Source and Free software."



  8. EPO Cannot Handle Patent Justice With a Backlog of About 10,000 Cases at the Boards of Appeal

    The EPO's long war on judges and on the law has proven to be costly; it's difficult to pretend that the EPO functions like a first-world legal framework



  9. The European Patent Office Increases Surveillance: Can't Get Food Without Being Spied on

    The infamous "War on Cash" has been 'won' at Europe's second-largest institution, where people's diet can now be monitored and indefinitely retained on the system



  10. To GNU/Linux, the Operating System, GAFAM (Google, Apple, Facebook, Amazon, Microsoft) is Not the Threat. Microsoft is.

    Don't let Microsoft get away with its bogus narration; GNU/Linux is primarily under attack from Microsoft, whereas Software Freedom in general is under attack from many directions



  11. The Free Software Foundation (FSF) Has the Full Support of Techrights

    Our support for the FSF is strong enough that we want to occasionally suggest improvements; there are growing frictions designed to isolate the FSF and cause self-restraint/censorship



  12. Why We Support Phoronix (Whereas Some Others Do Not)

    Some people try to characterise Michael Larabel as the 'bad boy' of Linux even though Michael is probably the hardest working Linux journalist out there



  13. Guarding and Rescuing the FSF Titanic: The Simplest Ways that AI will Change Computing

    "AI is already used to help kill people. We should be cautious, and know that the best rules we come up with (like no doing magic outside the school grounds) won't be followed all the time."



  14. Links 20/8/2019: DragonFlyBSD Developing DSynth

    Links for the day



  15. Guarding and Rescuing the FSF Titanic: Narcissism in The Community

    "Narcissists are drawn to intelligent people. They take great pleasure in attacking, controlling and defeating intelligent people because it makes them feel smarter and more important."



  16. Breaking the Law Has Become the Norm at the European Patent Office

    The European Patent Office’s ongoing practice of destroying critics/whistleblowers and crushing unions, judges, examiners etc. — as well as threats and bribery of the media — ultimately mean a perpetual state of lawlessness that, if it prevails, will let patent trolls raid the European economy and stall innovation



  17. Links 20/8/2019: KMyMoney 5.0.6, Kdenlive 19.08

    Links for the day



  18. Guarding and Rescuing the FSF Titanic: Free Software in Education

    "If everyone learns to code, then everyone gains some understanding of how to code in other languages."



  19. Links 19/8/2019: Another Linux 5.3 RC, OpenSUSE's Richard Brown Steps Down, Slackware Creates Patreon Page, Qt 6 Initiated

    Links for the day



  20. Speaking Truth to Monopolies (or How to Write Guest Posts in Techrights)

    We need to have more articles tackling the passage of all power — especially when it comes to software — to few large monopolies that disregard human rights or actively participate in their abolishment in the digital realm



  21. Guarding and Rescuing the FSF Titanic: Free as in Speech

    "While a new breed of so-called anarchists campaign against expression that even the state allows, people are also foolishly overplaying the relevance of the state to free speech issues -- as if it's not a freedom issue when a project is increasingly thought-policed, because the thought-policing isn't on a state level."



  22. Toxic Culture at Microsoft

    Racism, intolerance, sexism and bullying are rampant at Microsoft; but Microsoft would rather deflect/divert/sidetrack to Google and so-called 'GAFA'



  23. Guarding and Rescuing the FSF Titanic: Introduction

    "The FSF isn't just threatened, it will hit a large iceberg in the future that changes it permanently."



  24. Linux Journal and Linux.com Should Have Been Kept Going

    There's apparently no good explanation for the effective shutdown of Linux Journal and Linux.com; London Trust Media Holdings (LTMH), owner of Linux Journal, saw numbers improving and the Linux Foundation, steward of Linux.com, is loaded with money



  25. 2019 Microsoft Glossary

    How Microsoft internally interprets words that it is saying to the public and to the press



  26. 2019 Surveillance Glossary

    Distortion of technical and nontechnical terms in this day and age of '1984'



  27. Openwashing Report: It's Getting Worse, Fast. Everything is Apparently 'Open' Now Even Though It's Actually Proprietary.

    The latest examples (this past week's) of openwashing in the media, ranging from 5G to surveillance



  28. GitHub is a Dagger Inside Free/Open Source Software (FOSS); This is Why Microsoft Bought It

    A year later it seems pretty evident that Microsoft doesn’t like FOSS but is merely trying to control it, e.g. by buying millions of FOSS projects/repositories at the platform level (the above is what the Linux Foundation‘s Jim Zemlin said to Microsoft at their event while antitrust regulators were still assessing the proposed takeover)



  29. Microsoft Grows Within and Eats You From the Inside

    Microsoft entryism and other subversive tactics continue to threaten and sometimes successfully undermine the competition; Microsoft is nowadays doing that to core projects in the Free/Open Source software world



  30. Links 18/8/2019: New KNOPPIX and Emmabuntus Released

    Links for the day


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

Recent Posts