Microsoft counters Sun over Java dispute

By Matt whipp

Posted on 24 Feb 2003 at 11:54

Microsoft lashes out at Sun - it's trying 'to obtain a free ride on Microsoft's success'.

Microsoft has made a district court filing that rejects Sun's complaints about Microsoft's use of Java technology. It also alleges that Sun uses continuing litigation to gain unfair advantages and that its current complaints violate the contractual obligations imposed by an earlier case and California business laws.

The software giant claims that Sun's attempt to get Microsoft's version of the Java runtime environment in Windows XP replaced with its own contravenes the terms of an earlier case where Sun won the right to have a Microsoft version of the runtime environment on Windows XP until 2008.

It also claims that Sun's demands for more code so that it can ensure interoperability involve another agenda. 'Sun's assertion... that this interoperability [between Sun and Microsoft products] is inadequate and that Microsoft must disclose more information is a thinly veiled attempt to help Microsoft's competitors clone Microsoft's operating systems.'

The company also alleges that Sun's continued litigation is anti-competitive in itself. 'Sun's effort to shield itself from competition by hobbling Microsoft... should be rejected,' it states. 'Sun does not seek to promote competition or consumer benefit, but to obtain a free ride on Microsoft's success.'

Microsoft is seeking damages for its counterclaims for an amount 'to be proved at trial', along with 'reasonable attorneys' fees and expenses' and 'other relief as the Court deems appropriate'.

Sun's legal affairs vice president Lee Patch said in a statement: 'We look forward to bringing evidence to prove the merit of all of our claims and answer Microsoft's counterclaims at trial.'

Sun won an injunction earlier this year to have its version of the runtime environment included in XP within three months. However, the injunction was stayed on appeal by Microsoft while the case is under review at a Court of Appeals. The appeal will be heard 3 April.

A date to hear Microsoft's counterclaims at the district court under Judge J Frederick Motz has not yet been set.