Updated: US court rules Microsoft a Java-free zone

By Alun Williams

Posted on 27 Jun 2003 at 11:26

The US Fourth Circuit Court of Appeals has ruled on the Microsoft and Sun Microsystems' Java lawsuit. The companies were disputing who should carry what version of Java. And the results are mixed...

The court has overturned a previous injunction that would have forced Microsoft to carry Sun's platform-neutral Java software on Windows systems. A victory for Microsoft. But the court also agreed that Microsoft had probably infringed Sun's copyrights with its handling of Java and it will not be able to run its own version of Java on Windows. This is important because - while it may be dwindling in the wake of .Net - there is still a user base for Microsoft's J++. Also, Sun is still pursuing a case against Microsoft over the issue of uncompetitive practices and this ruling can only further vindicate its case.

Although Microsoft will be the happier of the two companies - it is spared the embarrassment of including rival software to its own .Net on PCs - Sun was putting a brave face on the ruling.

'This is an important victory for the Java community - it helps to ensure that only current, compatible Java technology will be distributed on PCs,' said Rich Green, VP developer platforms at Sun Microsystems.

'This decision confirms that Microsoft violated our prior settlement agreement, and that it did so in a way that continued to fragment the Java platform on PCs," said Lee Patch, VP legal affairs, Sun Microsystems. 'The Court accepted the District Court's determination that Microsoft engaged in anticompetitive acts. We look forward to a speedy trial and our opportunity to more fully address these and significant additional violations when we present our complete antitrust case against Microsoft.'

You can read Sun's official statement on the lawsuit at www.sun.com/lawsuit/statement_062603.html. A 28 page .pdf document of the ruling can also be downloaded from the Microsoft site: www.microsoft.com/presspass/java/06-26-03AppealsCourtRuling.pdf.

As for Microsoft itself, a spokesperson would only state: 'We are pleased with today's court proceedings. This is another step in a long legal process. And we consider it to be a positive step.' The company has already stopped the online availability of the MS JVM.

For those confused by the many legal cases faced by Microsoft. The long-running case, involving the US states and the Department of Justice, was the government anti-trust case, which originally proposed splitting Microsoft into separate companies. The settlement was watered down, however, after the DoJ and nine states reached an agreement with Microsoft (Microsoft acts on anti-trust settlement and Microsoft US legal battle nears an end). However, Sun is still pursuing a private anti-trust case in the wake of Microsoft being found guilty in the federal case. Netscape was also pursuing Microsoft until its owners AOL settled with the Redmond colossus as part of an agreement over the use of Windows Media technology.

What are your thoughts about this latest ruling? Microsoft successfully negotiates a legal hurdle once again? Or is the anti-competitive case still looming threateningly.

See also
MS and Sun return to court in Java dispute