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

06.09.11

European Commission Wants to Pay Commissions to the United States

Posted in Antitrust, Europe, Microsoft, Patents, RAND at 1:38 pm by Dr. Roy Schestowitz

Summary: The European Commission makes strategic mistakes that weaken Europe and give more power to its rivals across the Atlantic, especially gruesome software monopolists

TECHRIGHTS has a lot of respect for Neelie Kroes and the Commission, but if the current agenda is to pay American companies for the privilege of running systems with American back doors (e.g. FBI access), then the European Digital Agenda (note capitalisation) is a bit of a farce. It also puts the continent at great risk in case of a future war.

A couple of years ago we showed how the Commission had been manipulated by lobbyists, then we also showed dubious appointments that made the Commission somewhat hostile towards Free software, and arguably European SMEs too. See for instance some of the following posts:

  1. European Commission Disappoints Regarding Free Software and Patents
  2. Why Today’s European Commission Could Face Legal Action for Selling Out to Microsoft
  3. Patents Roundup: Commission Sells Out to Microsoft; Apple and RIM Sued by Gates-backed Kodak
  4. Inaction From Ombudsman/EU Commission Regarding Microsoft Lobbyists Derailing Public Policy
  5. With New Patent Policy, European Commission Harms European Software Industry
  6. European Open Source Software Workgroup a Total Scam: Hijacked and Subverted by Microsoft et al
  7. Microsoft’s AstroTurfing, Twitter, Waggener Edstrom, and Jonathan Zuck
  8. Does the European Commission Harbour a Destruction of Free/Open Source Software Workgroup?
  9. The Illusion of Transparency at the European Parliament/Commission (on Microsoft)
  10. 2 Months and No Disclosure from the European Parliament
  11. After 3 Months, Europe Lets Microsoft-Influenced EU Panel be Seen
  12. Formal Complaint Against European Commission for Harbouring Microsoft Lobbyists
  13. ‘European’ Software Strategy Published, Written by Lobbyists and Multinationals
  14. Microsoft Uses Inside Influence to Grab Control, Redefine “Open Source”
  15. With Friends Like These, Who Needs Microsoft?
  16. European Commission Still Lobbied by Microsoft, OASIS Does Not Support Software Freedom

Neelie and her speech writer who helps manage her blog are no longer in the department which deals with the Microsoft case, but it is hard to forget her more recent remarks that may conflict with her views on Free software.

In the video above, Neelie speaks not in her mother’s tongue and she actually maintains an interesting YouTube channel a lot of which is in Dutch. She did a better job in the Commission than some of her successors, whom we recently showed to be supportive of RAND (with software patents). They are being stuffed by lobbyists and the following new comments berates them for it. The European commenter writes:

If I am not mistaken Oracle is an American company and Mingorance a lobbyist of an American rightsholder organisation. I can’t see how views from American lobbyists are relevant for a European Digital Agenda, other than that we have to break free from our US lock-ins in the digital markets. In other words, let’s do what hurts them most. Small companies from Europe, companies which actually pay their taxes in Europe, are excluded here. What had the Commission in mind?

In the past, back when the Commission did some laudable work with the likes of Neelie in the right chair, telling off the Commission would seem unreasonably disrespectful. But things have changed. Right now, for example, even the FSFE criticises the Commission by showing that it sets a bad example for others to follow. To quote:

In the Commission’s answer to Staes, EC Vice-President Maros Sefcovic argues that “[t]he Commission does not rely on (or is locked into) one single software vendor”, citing the fact that the Commission’s IT infrastructure uses software from many different vendors.

[...]

While lock-in is a problem that troubles many organisations, our next concern is quite specific to this case: We believe that the European Commission should have put out a public call for tender when it wanted a new software platform. Instead, the EC simply declares that the move to Windows 7 is just an “upgrade” – just a newer version of the same product.

If “it’s just an upgrade” becomes acceptable as an excuse to ignore the competition and cozy up to a single supplier, then Europe’s market is in trouble; and not just the one for software. Imagine a local administration that decides to have the town’s main street repaved by the same company that built it in the first place, saying that they’re just “upgrading” the road surface. No new competitor would ever get a foot in the door. Public bodies would hardly ever have to hold competitive bidding procedures for any type of product or service they’ve bought before. This simply cannot be right.

The foundation of Europe’s procurement rules, Directive 2004/18/EC, says that those rules are intended to guarantee the opening-up of public procurement to competition. But it looks like in this instance, the EC has found a way to sidestep that goal, letting inertia (let’s be kind here, ok?) take precedence over competition and long-term value for Europe’s citizens. The Commission itself feels the need to emphasise that “it always complies with public procurement legislation”. We’d certainly hope so.

It doesn’t help that the EC is obviously confused on the commercial nature of Free Software when it uses “open source” as the opposite of “commercial software”. Some people in the Commission seem to believe that there is no money to be made with Free Software. The many companies that have built their business on software freedom would certainly argue otherwise.

This is not the first such complaint from the FSFE.

Whatever happened to the European Commission, it is now in danger of earning notoriety just like NATO or the UN. If it allows itself to be steered by lobbyists and monopolies, then there is no longer need for it. Taxpayers just do not receive what they paid for, not even fines imposed on Microsoft for breaking the law [1, 2] (which has cost European citizens a lot of money over the years). We need the ‘old’ Neelie back — the assertive one, not the softened one.

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. EPO Busy Distracting From Miscarriage/Abuse of Justice at the EPO (Both Office and Organisation)

    The European Patent Organisation continues to be a vassal of the Office (Christoph Ernst is defending Battistelli) and justice is not being honoured; it's being discarded in the darkness (in secret meetings)



  2. Bristows LLP/IP Kat Carrying on With Dead UPC Jingoism

    The same old tune from Bristows not only gets played in Bristows' 'alternate reality' blog but also in other blogs where Bristows staff is 'contributing' (to confusion and misconceptions)



  3. Links 16/12/2017: Mesa 17.2.7, Wine 3.0 RC2, Kdenlive 17.12.0, Mir 0.29

    Links for the day



  4. Patrick Corcoran is Innocent, Yet Battistelli Will/May Have the Power to Sack Him Next Month (in DG1)

    The EPO's Administrative Council does not want to even mention Patrick Corcoran, as merely bringing that up might lead to the suggestion that Benoît Battistelli should be fired (yes, they can fire him), but to set the record straight, at the EPO truth-tellers are punished and those whom they expose are shielded by the Administrative Council



  5. Patent Trolls Are Going Bust in the United States (Along With the 'Protection' Racket Conglomerates)

    RPX continues its gradual collapse and patent trolls fail to find leverage now that software patents are kaput and patent opportunists struggle to access Texan courts



  6. IBM's Manny Schecter is Wrong Again and He is Attempting to Justify Patent Trolling

    In yet another dodgy effort to undermine the US Supreme Court and bring back software patents, IBM's "chief patent counsel" (his current job title) expresses views that are bunk or "alternative facts"



  7. EPO Administrative Council Disallows Discussion About Violations of the Law by Benoît Battistelli

    The EPO crisis is not ending for the Administrative Council does not want to tackle any of the obvious problems; Patrick Corcoran is a taboo subject and Ernst is coming across as another protector of Benoît Battistelli, based on today's meeting (the second meeting he chairs)



  8. Links 13/12/2017: GIMP 2.9.8, Fedora 25 End Of Life, AltOS 1.8.3

    Links for the day



  9. Judge Corcoran Got His User ID/Desk Back (as ILO Asked), But Cannot Perform Actual Work

    The latest update regarding Patrick Corcoran, whose 3-year ordeal is far from over in spite of ILO's unambiguous rulings in his favour



  10. The End of Software Patents and PTAB's Role in Enforcing That End

    Software patents are fast becoming a dying breed and the appeal board (PTAB) of the USPTO accelerates this trend, irrespective of patent immunity attempts



  11. No, China Isn't Most Innovative, It's Just Granting a Lot of Low-Quality Patents

    Patent extremists are trying to make China look like a role model or a success story because China grants far too many patents, spurring an explosion in litigation



  12. Battistelli-Campinos Transition Will Be a Smooth One as the Administrative Council Remains the Same and the Boards Still Besieged

    A rather pessimistic (albeit likely realistic) expectation from tomorrow's meeting of the Administrative Council, which continues to show that no lessons were learned and no strategy will be altered to avoid doom (low-quality patents and stocks running out)



  13. Links 12/12/2017: New BlackArch ISO and Stable Kernels

    Links for the day



  14. German Media Helps Cover Up -- Not Cover -- the Latest EPO Scandal

    EPO-Handelsblatt attention diversion tricks may be effective as German media barely shows interest in one of the EPO's biggest scandals to date



  15. PTAB Haters Fail to Guard Bogus Patents, But They Still Try

    Three Affiliated Tribes probably won't enjoy sovereign immunity from PTAB, Dennis Crouch won't manage to slow down PTAB, and patent litigation will stagnate as bad patents perish before they even land in a lawsuit



  16. Team UPC's Tilmann Defends Rogue Vote at 1 AM in the Morning With Just 5% of Politicians (Those With Vested Interests) Attending

    Just when German democracy is being stolen by a legislative coup (in the dead of night when 95% of politicians are absent/asleep) there's someone 'courageous' enough to rear his ugly head and attempt to justify that coup



  17. The Mask Falls: Lobbyist David Kappos Now Composes Pieces for the Patent Trolls' Lobby (IAM)

    David Kappos, a former USPTO Director who is now lobbying for large corporations that derive revenue from patent extortion, is writing for IAM even if his views are significantly biased by his aggressive paymasters (just like IAM's)



  18. The EPO Protest Tomorrow Isn't Just About Judge Corcoran But About the EPO as a Whole

    PO staff is about to protest against the employer, pointing out that "Battistelli is still showing a total and utter lack of respect not only for his staff and their rights but also for the Administrative Council and for the Tribunal"



  19. Claim: Judge Corcoran to Be Put Under Benoît Battistelli's Control in DG1

    Benoît Battistelli, who openly disregards and refuses to obey judges (while intervening in trials and delivering 'royal decrees' whenever it suits him), may soon gain direct control over the judge he hates most



  20. The European Patent Organisation Refrains (For Nearly a Week) From Speaking About Battistelli's Abuses as Judged by ILO Tribunal

    The EPO's silence on the matter of Patrick Corcoran is deafening; to make matters worse, the EPO continues to pollute media and academia with money of stakeholders, with the sole intention of lobbying and misleading news coverage (clearly a disservice to these stakeholders)



  21. Carl Josefsson Lets Judge Patrick Corcoran Come Back to Work at the EPO

    After initial reluctance to obey/respect the rulings from the ILO (security staff declining access) there is official permission for Patrick Corcoran to enter and resume work (following 3 years of injustice against him)



  22. Bristows is Being Hammered With Negative Comments For Its Unitary Patent (UPC) Lies

    The Unified Patent Court (UPC) is practically dead in the UK and Ireland; Bristows, nevertheless, continues with its desperate spin



  23. Links 11/12/2017: Linux 4.15 RC3, Debian 8.10 and Debian 9.3

    Links for the day



  24. Judge Corcoran Turns to His Government for Help and EPO 'House Ban' is Finally Lifted

    Sources that are very reliable say that Patrick Corcoran is coming back to work, however it's now clear when and how long for



  25. Raw: Battistelli's Control/Domination Over the Boards of Appeal

    An old EPO document internally voicing concerns about the lack of independence at the Boards of Appeal



  26. Raw: Conflicts of Interest of EPO Vice-President

    An old EPO concern regarding structural collisions and mixed loyalties



  27. Microsoft-Connected Patent Trolls Are Increasingly Active and Microsoft is Selling 'Protection' (Azure Subscriptions)

    There are several indications that Microsoft-connected shells, which produce no products and are threatening a large number of companies, are inadvertently if not intentionally helping Microsoft sell "indemnification" ("Azure IP Advantage," which echoes the Microsoft/Novell strategy for collecting what they called "patent royalties" one decade ago)



  28. Yes, RPost is Definitely a Patent Troll and Its Software Patents Are at Risk Thanks to Alice

    The latest whitewashing (or reputation-laundering) pieces from Watchtroll, which tries to justify patent-trolling activities with software patents, typically in the Eastern District of Texas



  29. The Latest Scams in the Patent World

    Examples of 'dirty laundry' of the patent microcosm, which it understandably does not like covering (as it harms confidence in their services/advice)



  30. Patents Are Becoming a Welfare System for the Rich and Powerful

    A culture of litigation and more recently the patenting of broad industry standards may mean that multi-billion dollar corporations are cashing in without lifting a finger


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