Slashdot Mirror
Judge Grants MS's No-Press Request
jeffy124 writes: "We already know that Microsoft has requested to bar the media from proceedings in the anti-trust suit. Judge Kollar-Kotelly has granted that request. A 1913 law permitted public access to anti-trust proceedings, but only if the federal government were involved. Because the case no longer includes the feds, that law no longer applies, so MS has successfully closed the doors to the press and public." An anonymous reader points out this coverage at InfoWorld as well.
I can already see the posts piling up about how this proves that the government is in MS's pockets. I hate to break the news to you, but all this proves is that everyone has to follow the laws. I don't like the decision, but if the law states that only trials involving the feds are open, then that is what it states. You can't ignore this law and still try to punish people (or MS in this case) for ignoring laws. I don't like the law and think it should be changed, but I can't fault MS for using the law. If we expect MS to follow the law (which is what this is all about) we can't complain when the follow the law, even if it is to their own advantage.
"Information wants to be expensive" - Stewart Brand, the same guy who said "Information wants to be free"
Canadian courts regularly ban the press. I for one don't disagree with this practice. Let the courts decide, there will be plenty of time for press when it's over. If there is the slightest perception of a problem with the press then shut them out.
A little faith in your justice system is a good thing.
Our more recent, highly publicized court cases have fallen prey to this media frenzy. Now, OJ Simpson walks as a free man, thanks to the travesty of justice that was his trial, and Bill Clinton's legacy is now "the guy who got a hummer in the Oval Office", instead of "the guy who purjured himself, obstructed justice, and disgraced the Presidency".
So I ask the Slashdot community: is extensive media coverage of the Microsoft proceedings necessary? As is demonstrated on this site daily, this issue is an emotionally-charged one, and the media hounds will do more harm by running wantonly with similar emotion. The focus of Microsoft's business practices will be lost, and people it claims to serve will be misled, all in the name of 'getting the scoop'.
Please consider letting the justice system do it's duty without undue distraction. Trust me, with the power at Microsoft's disposal, their task is difficult enough as it is.
"Ask not what your country can do for you." --John F. Kennedy
(AP newswire article)
If I'm interpreting this correctly (and IANAL), seems that the judge agrees that the statute requiring open access to the depositions doesn't apply in this circumstance. In fact, the judge seems to be requiring MS to do the heavy lifting demonstrating why the media should be excluded from a particular deposition. My guess would be that MS's legal team will concentrate on sealing any depositions of the big guns (pretty much anybody above product manager level, or whatever the equivalent is at MS), so that they don't experience a repeat of the Gates video debacle. The small fry will be left open, but they probably won't offer anything we haven't already heard.
In any event, I'm not sure what the flap is about even if some/all depositions are closed. The judge can only consider what is actually presented to her as formal evidence (which will end up being a subset of the deposition material IMHO). Deposition transcripts entered as evidence will be available to the public.
Besides, it's not like the technical/media community is suffering from a shortage of "Two-fisted MS business strategy" stories right now anyway...