Sun: Let the Windows Injunction Be

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In a court filing, Sun Microsystems claims that a
federal judge’s order to include its Java programming language in
Microsoft’s is imperative to prevent Java from
extinction.

Sun’s filing Tuesday comes on the heels of Microsoft’s appeal of federal
judge’s order in Baltimore last week that orders Microsoft to include an
updated versions of Java in Windows XP operating systems within the next few
months.

In its appeal, Microsoft says that Sun doesn’t face “imminent irreparable
harm,” and there is no evidence that should compel it to assist its
competitor. Microsoft is asking the higher appeals court for a stay of the
federal judge’s order.

But Sun in its latest filing says: “a stay could irreparably harm Sun. Each
day the preliminary remedy is delayed works to Microsoft’s advantage,
increasing the likelihood that the market will tip towards .NET and its
market position will become entrenched.”

“In a legal battle between the two you are going to see them make their
strongest comments as possible to be in order for their comments to be
better heard by the legal bodies,” Shebly Seyrafi, enterprise hardware
analyst at AG Edwards, St. Louis, Missouri.

“Java is one of several software technologies at Sun, others include
Solaris, SunOne, Jiro and Jini. Software by itself is not a significant part
of Sun’s revenue stream, but it is a calling card that allows it
differentiate itself from its competition,” Seyrafi said.

“.NET is just emerging now, Java has been out for a long time. Microsoft
made some chan,ges to Java so that it would work better with Microsoft’s
products, those changes diminished somewhat the write once read anywhere
capability of Java,” Seyrafi said.

“Java had a lot of momentum had Microsoft not made those changes. Now, we
have this battle between Java and .Net in the battle for web services,”
Seyrafi added.

Sun said Microsoft distributed outdated versions of Java that were
incompatible for Windows users. Sun’s latest legal filing is part of a wider
suit against Microsoft asking for $1 billion in damages stemming from
allegations of anti-competitive behavior that hindered the development of
Java.

Sun’s filing with the U.S. Fourth Circuit Court of Appeals in Richmond, Virginia is a 25-page
document detailing why it feels Microsoft should ship Java in Windows, as
soon as possible.

Judge Frederick Motz has already ordered Microsoft to ship Java with Windows
within 120 days from February 4th. The appeals court is reviewing
Microsoft’s appeal and Sun’s filing, which could rule within the next few
days.

For its part, Microsoft in its appeal says it would take sizeable
engineering, manufacturing and distribution resources to include Java into
Windows given the time frame the court has ordered. Microsoft says it
believes that by devoting resources to this project it would adversely
impact the quality and quantity of its resources to develop other software
and products.