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

European Patent Office (EPO) Crisis: Huge EPO Strikes, Profound Corruption, and Cocaine Use by Managers Tolerated
These strikes won't be ending any time soon
25 Years With PalmOS
That my Palm PDA still works in 2026 (not in mint condition but close to that) says a lot about the "build quality" of gadgets 20+ years ago
Microsoft Has Spent Months Preparing Lists of People to Cull in Massive Wave of Layoffs (Allegedly Start of July)
There is some consensus that we're weeks away from mega-layoffs at Microsoft
Gemini Links 06/06/2026: "Competing" With LLMs and "Automation of Any Kind"
Links for the day
IBM is "Making an Exit". Only the Executives Will Get Rich.
failure disguised as success
 
Software Freedom Takes a Lot More Than Coding
some of the roles in the Free software community that don't receive (m)any grateful words
Ubuntu is Losing to Other GNU/Linux Distros
"Linux Mint"
Old Articles Explaining That Patents - Especially Software Patents - Are Bad for Innovation
We've omitted more than 50% of the articles we had gathered as candidates for inclusion
Why GNU and FSF Will Choose AV1 Over AV2 (It's More Widely Supported)
for the foreseeable future they'll stick with AV1
Mass Layoffs (RAs) and PIPs (Excuses to Sack) at IBM: Insiders Tell No Relation to Actual Performance
If many thousands are impacted by this, then certainly it is newsworthy
Links 06/06/2026: LinkedIn Infested With Spies, Ethernet WiFi Router On Pi Pico 2W
Links for the day
Why We Dumped Online Shopping (Groceries)
subsidies kept the "online" stuff artificially cheap
Microsoft Fell to All-Time Low in Monaco Last Month
So says statCounter anyway
Lawsuits That Don't Work
Not as expected anyway
SLAPP Censorship - Part 99 Out of 200: Graveley and Garrett Seem to Have Crashed Brett Wilson LLP (Worse Than Taking Russian Oligarchs as SLAPP Clients)
a state of disarray
Links 06/06/2026: 'Linux' Foundation Openwashing Slop on Microsoft's Payroll, Ukraine Wants Permanent Ceasefire With Russia
Links for the day
50% of the 'Gains' Made by "Quantum" Hype Already Evaporated
"It was all hype about quantum nonsense. Heading back to reality now. Expect sub-$220 after earnings release next month."
Heap of Trash Online, Not Just the Fault of LLM Slop But Enabled by Slop
Google News has just promoted a pair of prolific slopfarms
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 05, 2026
IRC logs for Friday, June 05, 2026
Links 05/06/2026: Lawyers in Trouble for Citing Cases That Don't Exist (Slop Too Bad to Justify Costs; Even It It Did Work, It Would Still be Far Too Expensive)
Links for the day
Gemini Links 05/06/2026: Bears in the Streets, WWII Revisionism, and Westworld
Links for the day
Microsoft's LinkedIn Called "Dying Platform" by One Who Worked There
The co-founder of LinkedIn has just stepped down too
GAFAM (Google, Amazon, Facebook, Apple, Microsoft) Layoffs Are Due to Surging Debt, or About 120 Billion Dollars Borrowed in One Year Alone
It's well above 150 billion dollars if one adds Oracle
2026 is the Year of Blockchains, Says IBM's CEO a Decade Ago?
"falling upwards"
After One Jeffrey Epstein Associate 'Leaves' Microsoft's Board Another Jeffrey Epstein Associate Steps Down, Workers Concerned About the Mass Layoffs
How many more loans can Microsoft receive? Those loans are becoming increasingly risky.
IBM Exploits Overambitious, Hungry Young Men to Help the "Great Quantum Hype Campaign" (Pumping the Stock Based on Deliberate Misinformation or Outright Disinformation)
The boot-licking campaign is live...
What Will Likely Happen When the Slop Bubble Pops (and When It'll be Widely Accepted That It Popped)
all the "most successful" slop companies are so deep in debt
The Register MS is Part of the Problem, It's Publishing "AI" SPAM Because it's Paid by Chinese Military-Connected Firms
Given that The Register MS is run by a Microsofter (since last summer), destruction seems inevitable
Most Coders Used to be Women, Not Men (and Men Who Dropped Out of College Now Plunder Everything They Can)
"Ethics For Hackers"
IBM's CEO Does Not Use GNU/Linux, So Why Did He Suggest Buying Red Hat Only to Lay Off Its Workers, Market Slop Instead of Linux, and Sack UNIX Professionals?
Shortly after IBM had bought Red Hat and there were mass layoffs we pointed out that Red Hat's CEO was not using GNU/Linux
If You're Not Focusing on Software Freedom, All You'll Get is Slopware and Buzzwords
If you're not focusing on attaining Software Freedom (and remember "Linux" is just a brand), then you're losing sight of the goals that actually matter
Red Hat/IBM: Microsoft is Our Partner of the Year
Red Hat is a really bad gravy
Gemini Links 05/06/2026: Enshittification of Institutes for Project Management, Codebases Contaminated With Slop, Personal Stories
Links for the day
Communicating With Freedom - Part II - Quibble Breathing New Life Into LibreJS
Notice how work on one thing led to thousands of lines of code added to a mostly dormant (but nevertheless important) project
Slop Has no ROI, an Economy Built on False Assumptions of Slop is Doomed
we're all going to suffer from this Ponzi scheme
Links 05/06/2026: More GAFAM Layoffs, Google Faces Regulatory Crackdown in UK Over Plagiarism in "AI" Clothing
Links for the day
Rumour That Layoffs at Microsoft Will Kick Off on July 1st, 2026 (Impacting 10,000 or More Workers)
this is what the rumour mill or the word through the grapevine is
Mission:Libre, Which Teaches Young People Free Software Ideals, Needs Financial Backing
plea for assistance with Mission:Libre
The Slop Ponzi Scheme is a Problem and Threat to All of Us (Even Those Who Don't Invest in or Use Slop at All)
This problem is systemic, not contained
"Blind Justice" Examines the Solicitors Regulation Authority (SRA) Turning a Blind Eye to Abuse by British Solicitors
We have some jaw-dropping examples of how the SRA does not do actual regulation - to the point where its staff does not actual work and does not look into any evidence at all!
7 Days From Now the FSF's Founder Gives a Talk in Bern, the FSF Has Just Advertised This
Meanwhile the FSF (or GNU) processes and uploads many recent talks by RMS
European Patent Office (EPO) Series: Down But Not Out – Costa's Comeback
he managed to secure a top-level EU position in June 2024
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 04, 2026
IRC logs for Thursday, June 04, 2026
Links 04/06/2026: Self-hosting Remotely and GemText Emphasis
Links for the day
Links 04/06/2026: Ukraine’s Daily Moment of Silence and Uber Lays off 23% of HR
Links for the day
SLAPP Censorship - Part 98 Out of 200: Microsoft Threatening Real Security Researcher With Criminal Investigation for Talking About Microsoft's Bug Doors/Back Doors
The crime should be the back doors (deliberate attack on every user's data protection), not talking about those back doors
Microsoft Would Get Away Even With Pedophilia
"Microsoft should never be above the law"
Journalists Should be Ashamed for Parroting False Claims From IBM Management About "Quantum Computing", Say IBM Insiders Who Work on "Quantum Computing"
IBM is a buzzwords vendor. International Buzzwords Machines.
Free Software is Nourishment to Software Users, Unlike Proprietary Software
Quit treating "mere users" of software "like animals"
The "Peanut Gallery" of GAFAM Has Infiltrated Free Software Projects or Disrupts Free Software Communities
They contribute nearly nothing and do substantial damage; they're freeloaders who attack the most productive members of projects
Coding is Not a Quantity Game (It Never Was!)
"less is more"
Exposing Corruption Using a Highly Resilient Platform
Growing levels of trust, based on our track record, help us attract whistleblowers
Mass Layoffs Expected at Microsoft in July 2026
They're preparing more "lists" of people
Reflection on EPO Leadership That Harbours Cocaine, IBM Leadership That Pumps-and-Dumps the Shares, and More
ManCity replaced Manuel Pellegrini with a more famous manager it didn't envision winning 20 titles in 10 years (it could only hope) [...] Team-building is something that "Pep" seemed to be good at, as was Jürgen Klopp
Pump and Dump by IBM Insider Traders: Nickle LaMoreaux, Gary Cohn, James Kavanaugh, Arvind Krishna, Robert Thomas, and Others
the shares are already collapsing
FOMO (Fear Of Missing Out) Has Weakened If Not Ruined What's Left of Big Media
Many things that have existed for decades are now being rebranded as "AI"
SLAPP Censorship - Part 97 Out of 200: Garrett in Hiding (From the Simple Observable Fact He's Closely Connected to the Microsofter Who Strangles Women, Tells Women to Kill Themselves, and Worse)
They use one another; they are coordinating this via the SLAPP industry in another continent
Links 04/06/2026: Microsoft Threatening Security Researcher for Naming Back Doors in BitLocker, "Demand is Booming for" Old Tech
Links for the day
Gemini Links 04/06/2026: "Word Vomit", Slop", and Moving to Gopher/Gemini
Links for the day
Rust Outsources its Financing (or Financial Control) to Microsoft
How long before the third "E"?
"Format Sovereignty" Can Only be Accomplished With LaTeX or OpenDocument Format (ODF) or Vendor-Neutral Standards for Editable Documents
Microsoft is, in effect, above the law
IBM's Shares Fell Nearly 13% in One Day (Including After Hours)
its main product is false promises
The Cyber Show on the Importance of Software Freedom and Why GNU/Linux Could Not be Stopped
an excellent article
Drew DeVault Can Still Redeem His Reputation. Revisiting His Attacks (and Attack Site) on Richard Stallman Might be a Good Start.
DeVault has openly apologised (this past spring)
The Register MS is Publishing Paid SPAM; Some of It is Designed to Prop Up the "AI" Pyramid Scheme
The Register MS participates in scams
European Patent Office (EPO) Series: "Operation Influencer"
Costa's political career was far from finished
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 03, 2026
IRC logs for Wednesday, June 03, 2026