Every since Groklaw break the news about the leaked recommendation about the appeals of ISO OOXML decision, a lot of people (PJ, Rob Weir, Andy Updegrove and Alex Brown to name a few), including yours sincerely, offered our opinion on the topic.
I think I have one thing to add. To paraphrase a famous quote: “Procedures must not only be followed, but seen to be followed”. Any rules or procedures should be clear to the person on the street. To inspire confidence, especially in controversial case where procedures REALLY matters, it cannot be made up on the spot, or changed at somebody’s convenience. Enough said.