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As expected, Microsoft
is asking a federal appeals court to delay a federal judge's order that forces the software giant to incorporate Sun Microsystems' Java programming language into its Windows operating systems.Microsoft makes the argument that Sun doesn't face any "imminent irreparable harm" that would make it imperative for it to revise its Windows operating systems with Sun's competitive Java programming language.
Earlier this week on Tuesday, U.S. District Judge Frederick Motz, who issued the order for Microsoft to build Java into Windows, extended the start of his order for two weeks, so that Microsoft would have the opportunity to appeal his ruling. Microsoft did just that on Wednesday when it filed an emergency motion appealing Judge Motz's order with the 4th Circuit U.S. Court of Appeals in Richmond, Virginia. Microsoft is seeking a stay of Motz's must-carry order and called his ruling "extreme and unprecedented."
Microsoft claims that Judge Motz's order will require the company to reopen its Windows operating system, which it says will be a complicated process, which will require more time, than Judge Motz is ordering.
Microsoft says Judge Motz's injunction "will inflict serious harm on Microsoft and Windows." Microsoft is looking for the appeals court to overturn Judge Motz's ruling that would require it to complete the incorporate of Sun's Java into Windows within 120 days after the order is entered. The 120 day time period could start immediately after the appeals court renders a decision on Microsoft's most recent motion, which could be on or before, February 4, 2003.
In its appeal, Microsoft went onto say that Sun's claims of "irreparable harm" to it, because of Microsoft's past policies, which it says have squelched the industry's adoption of the Java programming language are "remote" and "speculative."