FWIY - Sun Micro Charges Microsoft Breached Terms Of Java Licensing Pact
NEW YORK -(Dow Jones)- Sun Microsystems Inc. sharply escalated the
high-profile debate over its Java Internet programming language by announcing
Tuesday that it has filed a lawsuit against Microsoft Corp. for allegedly
breaching terms of its Java licensing pact.
Sun licensed Java to Microsoft last year but is now charging that Microsoft
has violated the spirit of the pact by engineering a version of Java that
works best on Microsoft's Windows operating system software.
Sun intends for the language to be used to develop software that runs on
any computer system. It claims applications written using Microsoft's Java
development tools might not be able to run on other operating systems or
other Internet browsers. It said non-Windows platforms might not be able to
run Microsoft's new Internet Explorer browser, and alleged that Microsoft
"has deceptively modified" its Java tools by "secretly adding"
Windows-specific programming.
Last week, Sun said it was testing the latest version of Microsoft's
recently released Explorer browser program for compatibility with other
firms' versions of Java. Sun said it might ask Microsoft to remove the name
Java from the browser and recently went as far as to threaten it might yank
Microsoft's Java license. Sun Tuesday said Explorer 4.0 and Microsoft's
package of Java development tools both failed the compatiblity tests.
Microsoft replied that its products are Java compatible and that it is
within terms of the licensing pact. The Redmond, Wash., giant called Sun's
claims "outrageous" and "unfounded." Microsoft also defended its version of
Java, saying it first needs to make sure it works well with Windows.
Microsoft charged Sun is simply trying to keep control of a potentially
lucrative product.
Sun, based in Mountain View, Calif., is seeking unspecified damages and an
injunction to prevent Microsoft from using the "Java Compatible" logo. Sun is
also seeking to prevent Microsoft from allegedly "misleading Java developers
and to prevent them from delivering anything but fully compatible Java
technology implementations."
The suit, filed in U.S. District Court in San Jose, Calif., charges
Microsoft with "trademark infringement, false advertising, breach of
contract, unfair competition, interference with prospective economic
advantage and inducing breach of contract."
Sun Chief Executive Officer Scott McNealy recently declared it's
Microsoft's "responsibility" to keep its version of Java compliant with
everyone else's versions. "They may be coming close to not being compliant,"
McNealy said a few weeks ago, adding that if Microsoft didn't "hold up their
end of the bargain," Sun might even pull Microsoft's Java license.
Microsoft has derided Sun's vision of the Java effort as an attempt to
create another operating system on top of Windows. Microsoft's proposition is
that developers can create programs more quickly and cheaply by relying on
long-established features of the Windows platform rather than on the
still-unfinished Java standard.
The technical specifications for Java applications and development tools
have been a red-hot issue. In the spring, Microsoft chief executive Bill
Gates poked fun at the purist view of Java advocated by Sun, noting that
"it's a little strange getting religious about this."
Still, some market watchers and developers have faulted both sides. Some
have criticized Sun for trying to get Java stamped by a standards body as an
official standard but still maintain ownership over the technology.
Microsoft has been fighting an alliance of Sun, International Business
Machines Corp., Oracle Corp. and Netscape Communications Corp. that is
promoting Java as a way to develop new types of programs that can run on any
computer or operating system, thereby weakening Microsoft's influence.
Much of Java's appeal is the promise, not yet fully realized, that a single
version of Java-based software can run on computers using the Macintosh or
Unix operating systems as well as Windows. In contrast, Microsoft is
promoting the notion that pieces of software written in any language,
including Java, can work together by using a previously announced technology
called the Component Object Model, or COM. Microsoft's approach generally
assumes customers are using Windows NT and Windows 95.
Sun has countered Microsoft's efforts with its "100% Pure Java" effort,
essentially a stamp of approval that means no matter who writes a program, it
is completely compatible with everyone else's version of Java.
Sun said it held talks for the past six months with Microsoft but felt it
"had no choice but to pursue litigation." The licensing deal with Microsoft
is similar to those signed by about 115 other Java licensees. Sun said the
contract is confidential and wouldn't give its terms. Sun has never revoked
any of the Java licenses it has granted.
Sun said there are two key elements of Java that Microsoft has not included
in its software. One, dubbed Java native interface, allows Java developers to
translate code particular to an operating system. The other, called remote
method interface, allows developers to communicate in Java from one system to
another. Sun said it will embargo updates in Java technology from Microsoft
until the contract issues are resolved.
Microsoft earlier Tuesday officially released its software development kit
for Java version 2.0. The kit includes various Microsoft tools including
J/Direct, Microsoft's technology for using Java with Windows. J/Direct is
also included in the latest version of Internet Explorer. And because of its
recent pact with Apple Computer Inc., Microsoft's flavor of Java will
eventually be shipped with all Macintosh models. |
