Ibexx & all, - "Microsoft files brief to stop Sun injunction".
infoworld.com
By Elinor Mills InfoWorld Electric
Posted at 7:01 PM PT, Feb 10, 1998 Microsoft has filed a brief urging a U.S. federal court to reject a request by Sun Microsystems to block Microsoft's use of the "Java compatible" logo until a legal dispute between the software companies is resolved.
"We have always used the Java language and Java Compatibility Logo in compliance with the terms of the contract freely signed by Microsoft and Sun," said Tom Burt, Microsoft's associate general counsel, in a statement on Microsoft's Web site.
Microsoft believes Sun is trying to use the court to rewrite the contract, Burt said.
Sun officials did not return a phone call Tuesday seeking comment on the Microsoft filing last Friday in U.S. District Court in San Jose, California.
Sun sued Microsoft in October of last year, claiming that Microsoft's Internet Explorer browser and development kit are not fully Java-compatible, thus violating the Java licensing agreement Microsoft signed with Sun in March 1996.
Later in October, Microsoft countersued Sun, alleging that Sun violated the terms of the Java licensing agreement by failing to deliver technology that passed Sun's own Java test suites and also failing to provide a public set of test suites for Java.
The Microsoft brief, which contains confidential information from both companies, was filed under seal because of a protective order imposed by the court, Microsoft said.
A hearing is scheduled for Feb. 27 for oral arguments before U.S. District Judge Ronald Whyte on Sun's preliminary injunction request. |