That is pretty much the way it works. Who do you think pays the judge? Do you find them in the same building with the district attorney that prosecutes the case? In some types of cases a judge does decide the result. In a jury trial he does not.playjunior wrote:In U.S. where you are from to the best of my knowledge, the judge does not decide innocence or guilt, the jury does. The judge is largely responsible for the procedure, as you are in this case.bob wrote:This is what has been wrong with this process from the beginning. You are assuming facts not in evidence. I am not a judge. I will not decide innocence or guilt. I will not hand down a sentence. I am simply supposed to keep the investigation on the topic of "Did Vas copy parts of Fruit (or other programs) verbatim?" We are starting with Rybka 1 beta, but that is not the only version that will be addressed. We may go back to earlier versions, or to later versions (thru Rybka 4) since all have competed.playjunior wrote:I agree that Hyatt being in the committee seems wrong.
Hyatt to me is one of the main accusers, he has systematically gathered, structured and argued for the evidence that Rybka is a Fruit clone.
People who have such direct involvement (on any side) cannot be considered "impartial judges".
The best would be if they have some scientists/authors from related fields, like go/checkers/whatever who can fully comprehend the evidence presented but do not have any previous involvement in the issue, whatsoever.
The panel that will do this is quite large and consists of a large number of programmers. The three "secretariat" members are simply there to try to keep the discussion limited to the specific topic of the investigation, and prevent all the other noise that always shows up here on CCC from obfuscating the technical merits of the arguments being made.
But nobody is paying attention to the document David sent out describing our function. They are making up their own incorrect assumptions and then complaining that those are not fair. However, they are also not real.
If you were to stand a trial, would you agree to have as the person responsible for moderating a fair and impartial process someone who has actively gathered, structured and argued on the prosecution side?
To sit on a bench, or try a case, you have to have the proper credentials, experience, training, background, education, etc. I would not want someone off the street to serve as judge for any trial involving me. I'd want a judge that is familiar with the law. There are always checks and balances. My only goal here is to make certain all the evidence is presented, and that Vas has a chance to respond point by point. And for this tete' a tete' to continue until everything that needs saying has been said, by both sides. Then the ICGA will have the ball kicked into their court to decide what, if anything, should be done...
Surely there are many specialists who haven't had such a direct involvement in accusing Rajlich, and who could be a moderator? Many wouldn't have your credentials in the field but is that so crucial for moderation? So the question here is: why not someone else as a judge? After years of finger-pointing there at last is a hope for a credible process; by sitting as a judge you are giving the other party the opportunity to call this a witch hunt and dismiss the whole process, on the objective basis that one of the main accusers is sitting as a judge!
I want judges that are willing to punish. I want prosecutors that diligently try to prove a defendant guilty. I want a vigorous defense of that defendant so that at the end of the day, hopefully justice will be served. At some point, you have to trust the system, and the people involved. In this case I believe there will be enough evidence available that the ICGA won't have to give much thought to innocence or guilt, and that they will have access to all the mitigating arguments the defense might present. At that point, it is their ballgame.