Court reinstates Java injunction against Microsoft
Judge Ronald Whyte’s ruling reaffirms the current situation, but may prompt a settlement
January 25, 2000 — The latest chapter has been written in the ongoing battle between Sun Microsystems and Microsoft over the Java programming language, with US Judge Ronald M. Whyte reinstating a preliminary injunction against Microsoft that was first imposed in November of 1998.
The injunction calls for Microsoft to stop distributing operating systems, tools, or browsers that implement Sun’s Java technology but fail to pass Sun’s compatibility tests; to warn developers that its incompatible toolkit products will result in applications that will run only on Microsoft’s implementations; and to refrain from advertising that its incompatible implementations are compatible with the specifications for the Java technology, or are endorsed by Sun.
The order had been overturned by the Ninth District Court of Appeals. In a statement issued after the ruling, Sun officials said that they were gratified that the court has provided what they called the “relief needed to redress this injury to competition” that Sun claims Microsoft’s Java-related practices have created.
For its part, Microsoft officials downplayed the ruling, noting that the injunction is simply an extension of court orders to which the company already adheres.
“This reflects the status quo and Microsoft is already in compliance with the order,” Jim Cullinan, a corporate spokesman for Microsoft, said in a written statement. “The judge was quite clear that ‘nothing in this order requires Microsoft to recall any product,’ and ‘this order does not prevent any purchaser of Microsoft’s products from continuing to use them.’”
Microsoft went further, claiming a minor victory in this latest judgement, saying that the ruling “strikes fundamentally at the heart of Sun’s position in this case and supports Microsoft’s oft-stated position that this is a contract dispute between two large and sophisticated companies.”
That claim stems from the court’s rejection of Sun’s motion to reinstate the order based on federal copyright law, meaning the case will continue to be viewed as a contractual dispute.
Tom Dwyer, research director of enterprise Java at the Aberdeen Group, in Boston, agreed with Microsoft’s view that the reinstatement of the injunction was not groundbreaking, but did note that it could be a significant step in getting the case settled.
“The overturning of the injunction really didn’t settle anything, so the reinstatement at least puts the case back on a track to get resolved somehow,” Dwyer said. “The judge pretty much said, ‘Would you guys just settle this.’”
That settlement, if it does come, Dwyer said, is likely to favor Sun and in turn the marketplace as a whole. “Basically, clear statements and honest selling is the best thing for the marketplace, and I believe Sun has a valid case here,” Dwyer said. “There are some legal principals that Sun has in their favor and in the end Sun will probably win more than Microsoft wins.”
