I can confirm that Microsoft did make a formal request for the hearing to be public and the request was refused by the hearing officer because the procedural regulation explicitly prohibits this.
More Quotes from Jonathan Todd:
However, technical support is only helpful once the documentation has reached a certain quality standard ... the Commission's preliminary view is that the technical documentation still does not comply with the requirements of the decision.Jonathan Todd
We assume Microsoft has its own interest at heart and it wants to launch another product without having to worry about the Commission instituting various actions under antitrust law because of this product.
Jonathan Todd
It's the quality and not the quantity that counts. You can give half-a-million pages, but if it's not the right information for competitors to be able to make compatible work group server products then it doesn't resolve the compliance issue.
Jonathan Todd
The commission will remain determined to ensure full compliance with the March 2004 decision. The commission is obliged under treaty rules to ensure the proper application of the competition law to the benefit of consumers and companies, and not to the benefit of any individual company.
Jonathan Todd
Our independent trustee, who is advising the Commission and who was suggested to us by Microsoft, Professor Neil Barrett, has told us the document is, to quote, 'totally useless'.
Jonathan Todd
It would be premature to conclude access to the source code would resolve the problem of the lack of compliance with our decision.
Jonathan Todd
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