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 31/10/2014: Rubin Leaves Google, Neelie Kroes Ends EU Career

    Links for the day



  2. The EPO Is More Corrupt Under Battistelli Than Under Alison Brimelow: Part VIII

    After Brimelow, with all her flaws and her scandals, an even worse President is installed who then abolishes oversight and seemingly brings his old friends to the EPO, creating a sort of subculture that is impenetrable to outsiders



  3. Claiming That Microsoft 'Loves' Linux While Windows Update Bricks Devices With Linux

    The sheer absurdity of claims that Microsoft -- which not only attacks those who distribute Linux and GNU but also blackmails them, takes them to court, or bricks their products without any liability -- 'loves' Linux



  4. Protectionist Reign: Corporations in Complete Control of Everything With Domination Over Patent Law

    How multinational corporations, joined by the corporate press that they are funding, promote a corporations- but not people-friendly patent policy in north America



  5. Links 30/10/2014: GNOME 3.15.1, Red Hat Software Collections 1.2

    Links for the day



  6. Links 29/10/2014: Ubuntu Touch Tablet, Puppy Linux 6.0

    Links for the day



  7. Links 28/10/2014: SUSE Linux Enterprise 12, Canonical OpenStack Distro

    Links for the day



  8. Links 28/10/2014: PiFxOS, The Document Foundation in OSBA

    Links for the day



  9. Microsoft is Bricking Devices With Linux (Yet Again!), So a Microsoft Booster Spins/Paints Linux Devices as 'Fakes'

    Microsoft delivers rogue drivers through Windows Update and they brick Arduino microcontrollers



  10. How Bill Gates Continues to Pass Wealth From the Public to His Own Bank Account

    Having put a universal tax on many things (not just computers) and evaded tax using the classic 'charity' trick, Gates is now buying the media, the schools, politicians etc. and earns as much as 10 billion dollars per year while the public is taught that Gates is a giver, not a hoarder of the worst kind



  11. Links 27/10/2014: Lenovo Unbundling, Linux 3.18 RC2

    Links for the day



  12. IRC Proceedings: September 14th, 2014 – October 25th, 2014

    Many IRC logs



  13. Links 25/10/2014: KDE Mockups, Update on GNOME Outreach Program for Women

    Links for the day



  14. After Infecting Unity -- Successfully -- Microsoft's Partner Xamarin Wants to Infect Unreal Engine With .NET

    Xamarin continues to spread dependence on Microsoft to more gaming frameworks, not just platforms such as GNU/Linux, Android, and even permanent-state devices



  15. Taking Microsoft Windows Off the Grid for Damage to Businesses, the Internet, and Banking Systems

    Microsoft's insecure-by-design software is causing massive damages ([cref 27802 possibly trillions] of [cref 13992 dollars in damages to date]) and yet the corporate press does not ask the right questions, let alone suggest a ban on Microsoft software



  16. City of Berlin Does Not Abandon Free Software, It's Only Tax Authorities

    A Softpedia report that says the City of Berlin is moving to Microsoft Office is flawed and may be based on a poor translation



  17. Nadella a Liar in Chief at Microsoft, Pretending That His Anti-Competitive Practices Are Unfortunately Imposed on Microsoft

    The nastiness of Microsoft knows no bounds as even its assault on GNU/Linux and dirty tricks against Free software adoption are characterised as the fault of 'pirates'



  18. Reuters Writes About the Demise of Software Patents, But Focuses on 'Trolls' and Quotes Lawyers

    How the corporate media chooses to cover the invalidity of many software patents and the effect of that



  19. Links 24/10/2014: Microsoft Tax Axed in Italy, Google's Linux (ChromeOS/Android) Leader Promoted

    Links for the day



  20. Links 24/10/2014: GNU/Linux History, Fedora Delay

    Links for the day



  21. Links 23/10/2014: New *buntu, Benchmarks

    Links for the day



  22. Links 22/10/2014: Chromebooks Surge, NSA Android Endorsement

    Links for the day



  23. Links 21/10/2014: Debian Fork Debate, New GNU IceCat

    Links for the day



  24. Criminal Microsoft is Censoring the Web and Breaks Laws to Do So; the Web Should Censor (Remove) Microsoft

    Microsoft is still breaking the Internet using completely bogus takedown requests (an abuse of DMCA) and why Microsoft Windows, which contains weaponised back doors (shared with the NSA), should be banned from the Internet, not just from the Web



  25. Microsoft 'Loving' GNU/Linux and Other Corporate Media Fiction

    Microsoft has bullied or cleverly bribed enough technology-centric media sites to have them characterise Microsoft as a friend of Free/Open Source software (FOSS) that also "loves Linux"



  26. India May be Taking Bill Gates to Court for Misusing His So-called 'Charity' to Conduct Clinical Trials Without Consent on Behalf of Companies He Invests in

    Bill Gates may finally be pulled into the courtroom again, having been identified for large-scale abuses that he commits in the name of profit (not "charity")



  27. The Problems With Legal Workarounds, Patent Scope, and Expansion of Patent Trolls to the East

    Patent trolls are in the news again and it's rather important, albeit for various different reasons, more relevant than the ones covered here in the past



  28. Links 20/10/2014: Cloudera and Red Hat, Debian 7.7, and Vivid Vervet

    Links for the day



  29. Links 20/10/2014: 10 Years Since First Ubuntu Release

    Links for the day



  30. How Patent Lawyers Analyze Alice v. CLS Bank

    Breaking down a patent lawyer's analysis of a Supreme Court's decision that seemingly invalidated hundreds of thousands of software patents


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