Bonum Certa Men Certa

The Illusion of Transparency at the European Parliament/Commission (on Microsoft)

Money for mortgage



Summary: How does it feel to be left out of the public arena while Microsoft perverts it?

ACCORDING to The Register, after long and repeated procrastination Microsoft has finally responded to antitrust charges. For background:

The original complaint was made by Norwegian browser maker Opera. It accused Microsoft of leveraging its desktop monopoly to distribute the browser and of ignoring web standards. Because of its large market share web developers were encouraged to optimise their sites for IE - to the disadvantage of other browser makers which did follow web standards.


In another news report, it is made publicly known right now that transparency in the EU is seriously deficient. It's specifically about access to documents.

Being refused access to documents was "by far" the most common allegation made by citizens to the EU Ombudsman last year, revealed a report presented yesterday (27 April).


We have personal and very bitter experience with that, so we'll present the latest from last week. For the first part of the story, see this long post. It's about Microsoft attacking Free open source software through European panels. We are still waiting for the Commission to mail us the documents we asked for. It's taking weeks if not months already and it's a violation of the regulations.



OpenPGP: *Parts of the message have NOT been signed or encrypted*

Dear Mr Schestowitz,

We acknowledge receipt of your message.

Yours sincerely,

[anon]

-----Original Message----- From: Roy Schestowitz Sent: Wednesday, April 15, 2009 5:47 PM To [anon] Cc: s at schestowitz.com; [anon] (INFSO); [anon] (INFSO) Subject: Re: Gestdem 2009/1562 FW: Document access application purpusant to Article 6 EC/1049/2001 (A/617056)

********* *BEGIN ENCRYPTED or SIGNED PART* *********

"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.

-- Roy S. Schestowitz http://Schestowitz.com | GNU/Linux | PGP-Key: 0x74572E8E Freelance journalist at http://itmanagement.earthweb.com/

Content-Type: text/plain; charset=ISO-8859-1

OpenPGP: *Parts of the message have NOT been signed or encrypted*

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,

[anon]

-----Original Message----- From: [anon] Sent: Tuesday, March 24, 2009 9:27 AM To INFSO /D Subject: Gestdem 2009/1562 FW: Document access application purpusant to Article 6 EC/1049/2001

Bonjour,

En tant que correspondant du réseau accès aux documents, je me permets de vous adresser la demande ci-dessous relative à l'accès au document suivant: "GESTDEM 2009/1562" all documents related to the Towards the European Software Strategy

Cette demande est introduite dans le cadre du règlement 1049/2001 qui impose un délai impératif de réponse endéans les 15 jours ouvrables soit le 20/04/2009.

Elle a été enregistrée dans ADONIS sous le N€° A/09/612974. Je vous saurais gré, par conséquent, de bien vouloir préparer un projet de réponse conformément aux procédures décrites dans le guide ci-dessous, et de l'enregistrer dans ADONIS en lien avec la fiche arrivée ainsi que de faire parvenir une copie du projet de réponse signé à la boîte fonctionnelle INFSO ADONIS

Pour de plus amples détails, vous pouvez consulter notre site reprenant le guide pour le personnel, à l'adresse: http://intra.infso.cec.eu.int/S1/dm_new/docs/special_issues/accesdoc/house_rules_dginfso_04_08.pdf

Je reste à votre entière disposition pour toute information complémentaire.

Bien à vous.

[anon]

-----Original Message----- From: [anon] (INFSO) Sent: Monday, March 23, 2009 5:19 PM To: INFSO ADONIS Subject: FW: Document access application purpusant to Article 6 EC/1049/2001

Please registrer in GESTDEM.

[anon]

-----Original Message----- From: Roy Schestowitz Sent: Friday, March 20, 2009 5:15 PM To [anon] (INFSO) Subject: Document access application purpusant to Article 6 EC/1049/2001

********* *BEGIN ENCRYPTED or SIGNED PART* *********

As a reply, please answer the following

1. If you intent that

> > The document you are referring to is not a European Commission document, but a document that are made by Zuck and many others from industry.

is a negative reply upon my 1049/2001 request of access to the document please consider the specific provisions of the regulation that guide your obligation in the formal processing of an application under 1049/2001. For instance you have the formal obligation to "inform the applicant of his or her right to make a confirmatory application in accordance with paragraph 2 of this Article." and the statement above is not in line with the formalities under 1049/2001.

If your statement was such a negative official reply, please regard this mail as a request for a confirmatory application under 1049/2001 for access to European Software Strategy documents. The origination of the document is irrelevant. You have to state reasons for access refusal. I inform you about the substance of Art 4.4 "As regards third-party documents, the institution shall consult the third party with a view to assessing whether an exception in paragraph 1 or 2 is applicable, unless it is clear that the document shall or shall not be disclosed."

If you regard it as just an informal preliminary communication please just process the following clarified primary application.

2. I hereby request electronic access to all documents related to the Towards the European Software Strategy process in the possession 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 leaders 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 20^th 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."

I appreciate your kind assistance. If you feel that you are unable to process my request yourself it is your obligation to forward it to the competent person in the Commission.

********** *END ENCRYPTED or SIGNED PART* **********



Still waiting. It has been over a month and it has been very time consuming. Why can't the document just be handed over immediately?

Comments

Recent Techrights' Posts

Why We Support Carole Cadwalladr (Even If We Don't Agree With Everything She Said)
I first became aware of Cadwalladr's work a long time ago
A Coalition or a Coup of Sexism
In the Free software community it's hard to avoid this issue
 
Links 15/04/2025: Touchable Volumetric Display and Resistance to American Spying Firms
Links for the day
Links 15/04/2025: Some People Cannot Read and Re-discovering of 'Web 1.0'
Links for the day
Links 15/04/2025: China Admits Targetting Critical Infrastructure Using CALEA Back Doors, NASCAR Cracked by Windows Usage
Links for the day
Microsoft's Serial Strangler Chose to Attack Techrights With SLAPP When Over 400 Victims of Mohamed Al Fayed Complained About Media's Role in Enabling Him
There is a strong element of "free press" here
statCounter Sees GNU/Linux at New High of 6% in Bosnia and Herzegovina
GNU/Linux is measured at all-time high
To Celebrate Git Turning 20 Linus Torvalds is 'Selling Out' to Microsoft and Proprietary Software Which Attacks Git (E.E.E.)
He makes it seem like he's endorsing his attackers
Gemini Protocol Milestone (3,000 Active Capsules)
and a total of nearly 4,500
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 14, 2025
IRC logs for Monday, April 14, 2025
Gemini Links 14/04/2025: Silver Pigs and more Foundation, Disliking Computers
Links for the day
Hundreds of Microsoft Layoffs (Net Headcount Decrease) in the United Kingdom
headcount decreased
Links 14/04/2025: Russian Attack on Sumy Shows No Intention of Peace, Virgin Australia Admits Overcharging People
Links for the day
The Dilemma of Web Browsers Lying About What They Are (in Order to Bypass Discriminatory Gateways Like Clownflare) Worsens Due to LLM Slop
LLM crawlers/scrapers have made sites more restrictive and hostile towards browsers that are potent but not "famous"
What Really Matters to Companies is Net Income or Profit (Bankruptcy is Possible Even With High Revenue)
We ought to stop talking about revenue without focusing on actual profit
Carole Cadwalladr Talks About How Big Business Tried to Silence Her (and Why You Might be Next)
Our story is very different from Cadwalladr's for many reasons
Companies Conspiring to Keep Salaries Down and Undermine Competition
People who do all the practical work are being paid less and made to work for much longer
Links 14/04/2025: Disinformation, Public Disdain for LLMs, and "Lessons on Tyranny"
Links for the day
LLM Slop and SEO SPAM Take Us Further Away From Facts (the Case of IBM Layoffs)
Some of these can impact Red Hat as well
Gemini Links 14/04/2025: Ween and Historic Ada Project Management
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 13, 2025
IRC logs for Sunday, April 13, 2025
Influencers: Red Hat, Inc's IPO, 1999, post-mortem on the directed share offer to open source developer community
Reprinted with permission from Daniel Pocock
Links 13/04/2025: Microsoft Cuts to "AI" and Azure (It's Failing), ‘Ghiblification’ Shows Slop Doing Much Harm
Links for the day
Microsoft SLAPPs Against Techrights Losing Momentum
It always backfires
Links 13/04/2025: Tariff Remorse and Chatbots Leak Again
Links for the day
Gemini Links 13/04/2025: No CSS, Spring Scripting
Links for the day
Richard Stallman Turns 72 and Will Be Giving Talks in Europe Soon
We have many local copies of his talks as WebM, having converted files uploaded to YouTube
Revisionism and Lies by LLM Slop and Lazy "Media"
What happened to investigation of issues?
Exposing Corruption and Crimes Against Women Isn't a Crime, It's an Imperative
When evil and greedy people are so desperate to silence you it typically gives you more motivation - not less - to do more of the same
EPO Likely Breaking the Law Yet Again, This Time by Using Slop for Patents (to Lower Costs While Producing Monopolies That Cause Ruinous Lawsuits)
Nobody authorised this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 12, 2025
IRC logs for Saturday, April 12, 2025