Bonum Certa Men Certa

2 Months and No Disclosure from the European Parliament

Budapest parliament



German parliament building at night



Summary: The illusion of transparency lingers on

THIS is the latest part in a series that explores Microsoft's invasion into EU panels and the Commission's unwillingness to allow transparency. To list previous posts chronologically (for context):



It has been two months and here is where we stand. They keep denying, procrastinating, and acting as though they don't understand simple requests. The latest correspondence (anonymised) is below.

I hereby file a confirmatory application on grounds of Article 7(4) EC/1049/2001.

> 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, as we notified you previously (see our email dated 15th of April) we are unable to identify the documents refereed to in the sixth item "all submissions from industry to the ESS consultation". Please could you clarify your request so that we may continue to process this item. You have previously clarified item 4 on your list but not item 6. > > We are currently collecting the other requested documents and expect that we will be able to forward them to you shortly. > > Yours sincerely, > > [anonymised] > > -----Original Message----- > From: Roy Schestowitz [anonymised] > Sent: Wednesday, April 15, 2009 5:47 PM > To: [anonymised] > Cc: s@schestowitz.com; [anonymised] > Subject: Re: Gestdem 2009/1562 FW: Document access application purpusant to Article 6 EC/1049/2001 (D/116606) > > -----BEGIN PGP SIGNED MESSAGE----- > Hash: SHA1 > > "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. > > > - -- > ~~ Best of wishes > > Roy S. Schestowitz > http://Schestowitz.com | GNU/Linux | PGP-Key: 0x74572E8E > Freelance journalist @ http://itmanagement.earthweb.com/ > > >> 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, >> >> [anonymised]


They cannot deny access for much longer. This are already well overdue. According to the rules:

Article 7

Processing of initial applications

1. An application for access to a document shall be handled promptly. An acknowledgement of receipt shall be sent to the applicant. Within 15 working days from registration of the application, the institution shall either grant access to the document requested and provide access in accordance with Article 10 within that period or, in a written reply, state the reasons for the total or partial refusal and inform the applicant of his or her right to make a confirmatory application in accordance with paragraph 2 of this Article.

2. In the event of a total or partial refusal, the applicant may, within 15 working days of receiving the institution's reply, make a confirmatory application asking the institution to reconsider its position.

3. In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the time-limit provided for in paragraph 1 may be extended by 15 working days, provided that the applicant is notified in advance and that detailed reasons are given.

4. Failure by the institution to reply within the prescribed time-limit shall entitle the applicant to make a confirmatory application.

Article 8

Processing of confirmatory applications

1. A confirmatory application shall be handled promptly. Within 15 working days from registration of such an application, the institution shall either grant access to the document requested and provide access in accordance with Article 10 within that period or, in a written reply, state the reasons for the total or partial refusal. In the event of a total or partial refusal, the institution shall inform the applicant of the remedies open to him or her, namely instituting court proceedings against the institution and/or making a complaint to the Ombudsman, under the conditions laid down in Articles 230 and 195 of the EC Treaty, respectively.

2. In exceptional cases, for example in the event of an application relating to a very long document or to a very large number of documents, the time limit provided for in paragraph 1 may be extended by 15 working days, provided that the applicant is notified in advance and that detailed reasons are given.

3. Failure by the institution to reply within the prescribed time limit shall be considered as a negative reply and entitle the applicant to institute court proceedings against the institution and/or make a complaint to the Ombudsman, under the relevant provisions of the EC Treaty.


They have no clue about the time limits of 1049/2001 and think they may discuss this ad nauseam. The process involving Ombudsman might be interesting.

On a related note, earlier today we were made aware of attempts in the UK to bring Free software to the government. Will the process be equally opaque?




UK citizens and MEPs support Europe-wide Free Software Pact



London, UK - Friday May 22, 2009 - The Free Software Pact initiative calls upon UK citizens and MEP candidates to stand up for the principles of a free society by backing free software in the upcoming European Parliament elections on June 4, 2009.



The Free Software Pact is a European initiative to allow candidates for the upcoming European elections to show the voting public that they favour the development and use of free software, and will protect it from threatening EU legislation. It is also a tool for citizens who value free software to educate candidates about it's importance and why they should, if elected, protect the European free software community. The European Parliament is the venue for crucial talks concerning free software, including software patents, interoperability and net neutrality. It is therefore vital to show election candidates why they should support, and sign, the Free Software Pact.



Mark Taylor, the coordinator for the Free Software Pact in the UK, said, The current UK Government is embarrassingly behind the rest of Europe in formulating public policy on the use of free software. Across the rest of the continent we see significant adoption and political support for free software. The Free software Pact is therefore an ideal way to draw attention to the reform the UK public sector needs and the enormous cost savings yet to be realized. For too long the UK has been dependent on the relationship with proprietary software companies like Microsoft, who are hell-bent on keeping our politicians confused on this matter. If you care about this situation, and the resulting cost to our economy, society and political culture, please contact the MEP candidates in your region and ask them to sign the Free Software Pact.



The Free Software Pact is also supported by Richard M. Stallman, founder and president of the Free Software Foundation, who said, Big dangers threaten the freedoms of free software in Europe: software patents, digital restrictions management (DRM), bundled sales and treacherous computing... I call on all European citizens who value free software to join this campaign, contact their candidates and have them sign the Free Software Pact.



A list of UK MEP candidates and their contact details can be found at http://www.bond.org.uk/pages/mep-candidate-contact-details.html. Candidates can support the Free Software Pact by signing a copy of the pact and faxing, mailing or emailing a copy by following the instructions at http://www.freesoftwarepact.eu/post/The-Free-Software-Pact.



About The Free Software pact



The Free Software Pact (FSP) is a citizen initiative, launched by Free Software advocacy associations April (France, http://www.april.org) and Associazione per il software libero (Italy, http://www.softwarelibero.it), to coordinate a European scale campaign in favour of free software. The FSP is providing materials and software to any volunteer who contributes to the initiative. More information can be found at their website http://www.freesoftwarepact.eu.



Media Contacts



Mark Taylor, UK Coordinator for the Free Software Pact



Phone: +44 7967 687379



Email: contact-uk@freesoftwarepact.eu



London - Big Ben

Recent Techrights' Posts

At IBM, Workers 'Expire' Early ("Next Step" is 'Voluntary' Layoffs Decades Before Retirement Age)
It seems like the "new normal" is layoffs not existing or barely existing because companies hide them
Bluetooth and Wi-Fi on Gym Equipment Can Endanger Several Parties
Joy oh joy! Give us more "smart" things
Microsoft Silent Layoffs This Month (PIPs and More "Buyouts", Driving Out the Workforce), According to Insiders
They know it's happening because they see it and fellow workers talk about it, even if the media keeps mum
Omarchy is Already Dying
Same as the life cycle of slopfarms
A Vortex of Beacons (or "Bluetooth Everywhere" Vision)
If someone (or someones) calls you paranoid for taking about "beacon"-like functionality, there will be no lack of authoritative citations (e.g. Web links) they can be provided to prove them wrong
 
What I Learned in London
some ministers still help us in our fight for press freedom in the UK
EPO "Cocaine Communication Manager" - Part XVI - The German State Does Not Enforce the Law Against European Patent Office Officials
It's not acceptable that Europe's second-largest institution can get away with crime time and time again
Germany's National Broadcaster (DW English) to Air Julian Assange Film This Coming Week
It seems rather sad that we live in a world where rich thugs can get away with so many horrible things
WordPress is Bloatware and Bloated Software Guarantees Security Incidents
This site turns 20 in about 11 or 12 weeks from now and it was never cracked, not even when it ran WordPress
Too Many Chiefs (or Chefs) at IBM, They Don't Know How to Run a Company (With a 100+ Year or Century-Old Brand Recognition Advantage)
It seems like a consensus opinion; some line managers or middle managers are too selfish or self-deceiving
Clacton's Election Was a 'Show Election'
At least some people squeezed out some "free press" out of this charade [...] That the media kept boosting parodies as the alternative/s to the bigot is a topic we wrote about a great deal over the past 3 weeks
Windows is Burning
Windows is the "burning platform" of the year
Gemini Links 15/08/2026: Stress, Jetlag, and GPU Hype (Waste of Energy for Amusement, Fake 'Currencies', and Now for Mass Plagiarism)
Links for the day
Links 15/08/2026: XBox Rotting Further, "France’s Top Court Strikes Down Ban on Social Media for Children"
Links for the day
SLAPP Censorship - Part 150 Out of 200: Always Independently Verify What People Claim to Be (or Find Yourself in a Jason Arday-Type Moment/Dilemma)
I'm not a cardiologist and Garrett was never a security expert
Links 15/08/2026: "There Is No A.I." (Slop Plagiarism Isn't Intelligence) and Its "Impact on the Environment Is Absolutely Horrifying"
Links for the day
Gemini Links 15/08/2026: Gratitudes, "Microflier" Drones, and Literate Programming
Links for the day
IBM's PIPs and RAs (Layoffs) Going on, Interns as 'Scabs'
It seems like a consensus (also in Reddit, we took a quick look)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 14, 2026
IRC logs for Friday, August 14, 2026
Gemini Links 14/08/2026: Slower Internet, Logging Off Made Easy, and Human Code
Links for the day
Links 14/08/2026: "Mystery of Dark Oxygen", People Despise Slop, and Backlash Grows Against Fake Currencies (Energy-Wasting Scam Like Slop)
Links for the day
Free Publicity
They say there's no such thing as "bad press" or that every publicity is good publicity, sometimes free publicity
Farage's fears, media hijacked by-election, what really happened in Clacton
Reprinted with permission from Daniel Pocock
It's Friday. A Ton of People Departing From IBM and Red Hat.
A mere subset of people who announce this in public at Microsoft's LinkedIn
GNU/Linux and ChromeOS Beyond 11%
Combined with ChromeOS, it's already past and beyond 11%
Chatbots/LLMs Are the Next "Clown Computing", Pure Hype, a Serious Mistake
Programs that scan text and emit something similar (but full of errors)
Links 14/08/2026: Slop 'Music' Causing Problems, Slop Data Centre Contractor Unpaid (Massive Debt), and The Cyber Show Says We're "Colonised By Wankers"
Links for the day
Fake Growth of Social Control Media is Misleading
nowadays people look for alternatives - ones not controlled by MElon, CPC, and Kapo-Berg
statCounter: Windows Down to All-Time Low of 25%, Android Leads the Pack, GNU/Linux About to Leapfrog Apple, Overtaking MacOS
The situation was very different in past years
Microsoft's Mass Layoffs (Including 'Voluntary' Secret Layoffs) Take Their Toll on Seattle
How much longer can they hide their crises?
Planet Fedora ("Fedora People") is Just IBM Staff, Former IBM Staff, and LLM Slop
this is what Fedora boils down to now
Explanation of What Will Happen to Red Hat (and Other Acquired Companies) After August
In short, a lot will be scuttled; history shows it happens over and over again
SLAPP Censorship - Part 149 Out of 200: It Took a Long Time to Show What Jason Arday (at Cambridge) and Harvey Weinstein (in Hollywood) Really Were
Really bad when society endures abuse because the abusers silence their exposers
Gemini Links 14/08/2026: 32-bit RISC-V and BlackBerry
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 13, 2026
IRC logs for Thursday, August 13, 2026
'Voluntary' Layoffs (a Form of Silent Layoffs): Microsoft Global Voluntary Separation Agreement (GVSA) in August 2026 and September 2026
Today and yesterday
Microsoft Sees Windows on Fire, Pours Gasoline Over It
The latest move from Microsoft defies logic
Racing Towards "Woman Zero"
They don't seem to value women
The Legacy of Gerstner (Rapid Destruction) Continues at IBM
They say IBM never recovered from Gerstner, who instead of saving the companies (IBM and others he claims credit for) set up a collision course of rapid shrinkage
Counters in Clacton Commence in 3 Hours at Clacton Leisure Centre
Even a few hundreds of votes for Pocock would be considered a great success
Swiss army to attack 2,900 domain name owners? Cult of ETH Zurich & Debian
Reprinted with permission from Daniel Pocock
IBM's Bluewashing of Confluent Carries on, More Layoffs Coming, Same Likely Applicable to Red Hat
September 30 is a day before this next phase of bluewashing at Red Hat
Headlines About Microsoft and Ransomware, But They're "SPONSORED FEATURES" at The Register MS
The Register MS habitually publishes LLM slop too
Links 13/08/2026: K-pop Suicide Due to Social Control Media, Legal Problems for Facebook Over Safety
Links for the day
'Cancel Culture' Isn't About Empathy, It's About Making Good People Homeless
Seeing what they did to RMS, remember that those "concern trolls" are about everything other than ethics and morals
Daniel Pocock in The Nerve
Lots of publicity owning to the enrollment
Why Support Daniel Pocock
Our readers who come from IBM and the EPO are certainly familiar with the tactics of censorship and what that sort of censorship leads to
SLAPP Censorship - Part 148 Out of 200: The Manosphere
Those people don't just threaten our national sovereignty, press, democracy etc. They also endanger women everywhere.
Gemini Links 13/08/2026: Health, Partial Eclipse Sketches, and Guilelessness
Links for the day
GNU/Linux Reaches 10% "Market Share" in statCounter
As of this morning
15% of IBM Marked for Potential Termination, PIPs are the "New Layoffs" (or RAs) at IBM
IBM is a dying company, but it does not want the press to say this or for people to understand that
Links 13/08/2026: "The Rise of the Measles-Industrial Complex" and Spotify Curbs Slop
Links for the day
Daniel Pocock on Australia's 9News (Nine Entertainment)
This gives visibility to software and technology issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 12, 2026
IRC logs for Wednesday, August 12, 2026