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Talk to the Man Who Wants to Oversee Microsoft
Imagine "campaigning" for a job that doesn't exist, may never exist, and is sure to be full of heartburn for anyone who takes it on. Stephen Satchell is a self-declared candidate for the three-person committee the Feds might appoint to ensure Microsoft's future good behavior. Satch is certainly qualified; he's been online nearly forever, he's worked with computer operating systems darn near as long as computers have had operating systems, and he's certainly not afraid to speak his mind. But even the best-qualified job candidates need to be interviewed before they are chosen, and Satch has consented to have Slashdot readers conduct the initial interview in this hiring process. One question per interviewer, please. We'll email him 10 of the highest-moderated questions, and post his answers next week.
How do you hope do deal with the limitations in the current agreement? If I have this right, you can't speak publicly, and -- far, far more ominous -- you can't testify.
As always, all IMO. Insert "I think" everywhere grammatically possible.
Some people haven't read the job description for the Technical Committee -- obviously. For those who haven't done their homework, here are some clues.
The full text of the proposed Final Judgment is here. Additional information is in the Competitive Impact Statement.
The portion of the text about the TC is reproduced from the revised Final Judgement is duplicated here for your consideration. Point 10 (in bold) at the end is particularly telling: the TC is effectively gagged.
8. The TC shall have the following powers and duties:
a. The TC shall have the power and authority to monitor Microsoft's compliance with its obligations under this final judgment.
b. The TC may, on reasonable notice to Microsoft:
(i) interview, either informally or on the record, any Microsoft personnel, who may have counsel present; any such interview to be subject to the reasonable convenience of such personnel and without restraint or interference by Microsoft;
(ii) inspect and copy any document in the possession, custody or control of Microsoft personnel;
(iii) obtain reasonable access to any systems or equipment to which Microsoft personnel have access;
(iv) obtain access to, and inspect, any physical facility, building or other premises to which Microsoft personnel have access; and
(v) require Microsoft personnel to provide compilations of documents, data and other information, and to submit reports to the TC containing such material, in such form as the TC may reasonably direct.
c. The TC shall have access to Microsoft's source code, subject to the terms of Microsoft's standard source code Confidentiality Agreement, as approved by the Plaintiffs and to be agreed to by the TC members pursuant to Section IV.B.9 below, and by any staff or consultants who may have access to the source code. The TC may study, interrogate and interact with the source code in order to perform its functions and duties, including the handling of complaints and other inquiries from non-parties.
d. The TC shall receive complaints from the Compliance Officer, third parties or the Plaintiffs and handle them in the manner specified in Section IV.D below.
e. The TC shall report in writing to the Plaintiffs every six months until expiration of this Final Judgment the actions it has undertaken in performing its duties pursuant to this Final Judgment, including the identification of each business practice reviewed and any recommendations made by the TC.
f. Regardless of when reports are due, when the TC has reason to believe that there may have been a failure by Microsoft to comply with any term of this Final Judgment, the TC shall immediately notify the Plaintiffs in writing setting forth the relevant details.
g. TC members may communicate with non-parties about how their complaints or inquiries might be resolved with Microsoft, so long as the confidentiality of information obtained from Microsoft is maintained.
h. The TC may hire at the cost and expense of Microsoft, with prior notice to Microsoft and subject to approval by the Plaintiffs, such staff or consultants (all of whom must meet the qualifications of Section IV.B.2) as are reasonably necessary for the TC to carry out its duties and responsibilities under this Final Judgment. The compensation of any person retained by the TC shall be based on reasonable and customary terms commensurate with the individual's experience and responsibilities.
i. The TC shall account for all reasonable expenses incurred, including agreed upon fees for the TC members' services, subject to the approval of the Plaintiffs. Microsoft may, on application to the Court, object to the reasonableness of any such fees or other expenses. On any such application: (a) the burden shall be on Microsoft to demonstrate unreasonableness; and (b) the TC member(s) shall be entitled to recover all costs incurred on such application (including reasonable attorneys' fees and costs), regardless of the Court's disposition of such application, unless the Court shall expressly find that the TC's opposition to the application was without substantial justification.
10. No member of the TC shall make any public statements relating to the TC's activities.
----
From the Competitive Impact Statement, this paragraph:
b. TC Duties: The TC will report to Plaintiffs, and will not be under the control or authority of Microsoft in any way. The TC will receive and investigate complaints or inquiries about Microsoft's compliance with the Proposed Final Judgment from third parties, Plaintiffs, or Microsoft's Compliance Officer. The TC has the power and authority to monitor Microsoft's compliance with the Proposed Final Judgment, and will consult with Plaintiffs regarding its investigations. The TC will meet with Microsoft's Compliance Officer at least once during each investigation to allow Microsoft to respond to the substance of any complaints and to attempt to resolve them informally. This "dispute resolution" function reflects the recognition that the market will benefit from rapid, consensual resolution of issues, where possible. [Emphasis added] It complements, but does not supplant, Plaintiffs' other methods of enforcement. If the TC concludes that a complaint is meritorious, the TC will so advise Plaintiffs and Microsoft and propose a remedy. The TC may also communicate with third parties who have made complaints or inquiries about how they or Microsoft might resolve such complaints or inquiries, provided that the TC complies with its confidentiality obligations as explained below. Thus, for example, the TC may explain to a third party various ways of implementing a right granted by the Proposed Final Judgment.
[end]Note that he's the author of a book on Linux IP stacks, so interacting with /. is hardly his first interaction with this crowd. ;-)
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