Here are the details of Sun's lawsuit
<snip>
Type of Lawsuit
Sun Microsystems' action is a private antitrust suit filed under the antitrust laws of the United States as well as the laws of the State of California. Sun is the plaintiff; Microsoft Corporation is the defendant.
Sun's suit seeks to restrain anticompetitive conduct by Microsoft and to remedy the damage suffered by Sun as a result of Microsoft's illegal efforts to maintain and expand its monopoly power. No damage amounts have been specified.
--------------------------------------------------------------------------------
Court
San Jose Division, United States District Court for the Northern District of California.
--------------------------------------------------------------------------------
What Sun Charges
Sun's lawsuit charges that Microsoft's illegal behavior harmed the Java platform. In addition to this, the suit specifies that Microsoft:
Engaged in illegal monopolization and/or monopoly maintenance (violation of Section Two of the Sherman Act) of the:
Intel-compatible PC operating system market
Web-browser market
Office productivity suite market
Attempted to illegally monopolize (violation of Section Two of the Sherman Act):
Workgroup server operating system market
Engaged in illegal tying (violation of Section One of the Sherman Act) of its:
Internet Explorer web browser to its Windows PC operating system
Windows workgroup server operating systems (e.g., Windows 2000 Professional and Windows XP Professional) to its PC operating systems
IIS Web server to its workgroup server operating system (e.g., Windows NT 4.0 and Windows 2000 Server)
.NET framework to its PC and workgroup operating systems
Illegally entered into exclusive dealing and exclusionary agreements (violation of Section One of the Sherman Act), including, for example, its:
Agreements with independent software vendors (developers), Apple Computer and Intel not to develop for, distribute or use a non-Microsoft compatible implementation of the Java platform
Engaged in copyright infringement (violation of 17 U.S.C. 501).
Unreasonably restrained trade (violation of California's Cartwright Act).
Engaged in unfair competition (violation of the California Business and Professions Code).
--------------------------------------------------------------------------------
What Sun Seeks
Sun is seeking remedies that include:
Preliminary injunctions prior to trial requiring Microsoft to:
Distribute Sun's current, binary implementation of Java Plug-in as part of Windows XP and Internet Explorer.
Stop the unlicensed distribution of Microsoft's Java Virtual Machine through separate web downloads, instead of incorporating within Windows XP and Internet Explorer, in accordance with Jan. 23, 2001 settlement agreement.
Permanent injunction requiring Microsoft to:
Disclose and license proprietary interfaces, protocols and formats.
Unbundle tied products like Internet Explorer, IIS and .NET framework.
Treble damages.
Attorneys' fees.
<snip>
More at:
sun.com |
