EC letter: Microsoft still out of compliance

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True case of tieing

One problem for Microsoft is that the ECC is judge, jury, and executioner at once. The officials can be over-ruled by a Court later, moneys refunded, orders revoked, and (not humble) apologies issued. But until justice catches up the ECC can do as it wants.

The situation is different in the US, where an organization affected by a regulatory action can go to Court for an injunction. There someone, the Judge, has the ability to respond immediately, instead of years later, and prevent the officials from doing any damage until the issues can be resolved.

Microsoft has to tie down the ECC, and the US courts are therefore the place to do it.

Though I don't think Microsoft will have any success in urging the President to declare the ECC a terrorist organization, the US Courts may find the egregious misbehavior of the ECC sufficient to cause them to become involved.

Then the ECC can be tied down. The one bit of tieing by Microsoft which has been ruled upon by a Court of law.

I think that the ECC does have too much discretion, and this should be limited, even if it requires a US court to do it. Usually I would not approve international actions by courts, but this situation seems to require it.

I recognize the EU made the ECC what it is, knowingly or not. Perhaps the governments will use this opportunity to define the ECC's authority better, and avoid the need for action in the future.

Posted by: Anton Philidor   Posted on: 03/10/06 You are currently: a Guest | Members login | Terms of Use

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